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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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Match each statement with the correct term.
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This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. Under the americans with disabilities act - when can a disability be discussed?

2. What uses fall under the fair use doctrine?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
allows for use of copyrighted material under certain guidelines
criticism - use in satire - news report - use to educate

3. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
intent when attached and will item be damaged because of removal? hard to determine
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning

4. Secondary Meaning Example frosty treats
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
taking property away from the owner with the intent of permanently removing them of ownership
first person to invent not file for patent
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game

5. Indictment requires
sufficient evidence
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
work for a company with more than 50 employees - employed for a year - and must try to give notice
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

6. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
distinctive decor - menu - style - service of an offering
fraudulent miss-use of funds that have been entrusted to them
work for a company with more than 50 employees - employed for a year - and must try to give notice

7. What is the determining issue when proving entrapment?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence

8. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
must effectively try to acquire protection as well as keep the secret
reverse engineer - go through garbage..

9. In order for a disability to be legally recognized what must exist?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
record of such condition - being regarded as actually having a condition
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

10. Fair labor standards act covers issues such as?
reverse engineer - go through garbage..
hours of employment - conditions - age of workers
It was ruled that darst had the right to receive treatment for alcoholism under the FLMA - but his inability or refusal to go to work because of substance abuse did not fall under the FMLA
No - but if they find any other reason - like you have been late often than you'll probably get fired

11. Workers comp and negligence

12. Meta tags
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
hours of employment - conditions - age of workers
key words of a website that are used for search engines
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

13. How long is a copyright protected? for a corporation?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
obtaining ownership by living on anothers property
agreement permitting use of a trademark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

14. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake
novel - useful - non obvious

15. How can someone legally acquire trade secrets?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
reverse engineer - go through garbage..
entry of a plea - guilty/ not guilty
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea

16. Tenancy in common
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
another persons right to make limited use of another persons real property without taking anything away from the property
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

17. Business process patents involve?
novel - useful - non obvious
generally the use of a software to perform a job or deliver product
crops is considered to be real property and should be considered in the sale of such property.
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake

18. Possible ruling interpretations for accession cases
intent when attached and will item be damaged because of removal? hard to determine
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
used by members of a cooperative organization to certify the quality of service or product
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b

19. Determining disability regarding with and without equipment?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
the property that will benefit from a profit
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are

20. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
fraudulent miss-use of funds that have been entrusted to them
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark

21. What are the requirements for making a gift an effective transfer of ownership?
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
intent - delivery - acceptance
secondary meaning
test is originality - lasts life of creator - protection is automatic

22. Dominion
ownership rights to property
work for a company with more than 50 employees - employed for a year - and must try to give notice
it rewards citizens for putting land to good use rather than just sitting on expanses of property
First likeliness of confusion of the source of the product will be questioned - if there is no likeliness of confusion - then the court will determine if the existence of a similar trademark dilutes the value of the other that has filed first

23. Triple amount of damages definition
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
entry of a plea - guilty/ not guilty
treble damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

24. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
voluntarily parted with at the time - but then later tries to find it
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

25. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
a deed that transfers interest in a life estate from one to another
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
document by which title to property is passed

26. Significance of coca-cola V. koke Co of America
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
agreement permitting use of a trademark
considering the fact that cocaine was no longer an active ingredient and had been advertised as so - the name coke was found to be so common a name for the beverage that Koke was an infringement of trademark
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

27. Mistake of fact criminal defense example

28. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

29. Collective mark
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sexual harassment is protected under title 7 because it effects genders differently in the workplace
used by members of a cooperative organization to certify the quality of service or product

30. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared
used by members of a cooperative organization to certify the quality of service or product
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed

31. Mislaid property
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
voluntarily parted with at the time - but then later tries to find it
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color

32. Outcome of unanimous not guilty?
10 years and it is renewable
if someone cannot walk without a brace - they are disabled - if someone cannot see without glasses but with glasses they see fine - they are not disabled - you cannot discriminate if someone is capable of performing their duties based on how they are
cannot be tried again - no appeal
mistake of fact

33. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
first person to invent not file for patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

34. Mens Rea
the right to enter onto another persons property with the intentions of removing something valuable
if a company has a posted that employees can only be terminated for sufficient reason - a court could rule that this stands ground as a contract
former playmate of the year was granted the use of playboy and playmate meta tags because she did not suggest sponsorship and there are not sufficient synonymous terms
mental state or intent part 2 of 2 for determining criminal liability

35. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
prohibits excessive bail and fines - cruel and unusual punishment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
mistake of fact

36. What is the result of a mistrial or a hung jury?
20 years from filing
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened

37. Sambucks vs. starbucks
the property that will benefit from a profit
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a physical or mental impairment that substantially limits one or more major life activities
the corporation could have prevented such acts

38. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation

39. How can you come to possess land through adverse possession?
the corporation could have prevented such acts
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
signed by hundreds of countries that establishes standards for the international protection of intellectual property

40. Roman Catholic Church V. Prince Reality Management regarding a license?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
No - but if they find any other reason - like you have been late often than you'll probably get fired
if property owner peter owns two plots of land - one with drinking water and the other without - if sally gets the one without - by implication she has an easement to use the drinking water
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing

41. What is a profit under real property law?
former playmate of the year was granted the use of playboy and playmate meta tags because she did not suggest sponsorship and there are not sufficient synonymous terms
the right to enter onto another persons property with the intentions of removing something valuable
allows for use of copyrighted material under certain guidelines
proven that the continued use of the license could confuse consumers as to where the trademark came from which would cause damages - proven by little rest's advertisement of their affiliation

42. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
entry of a plea - guilty/ not guilty
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

43. Arraignment is what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
entry of a plea - guilty/ not guilty
businesses cannot discriminate to the public - private clubs can but only to a certain degree - for example a club cannot say no black people - but if they only allow 60% of white people than its not solely based on color
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

44. Service mark
20 years from filing
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
this for that - sexual favors - general conduct however one incident is not enough
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

45. Bailments are?
property of one person rightfully in possession of another - custody
treble damages
a warranty that the buyer will not be disturbed in their possession of the land
agreement permitting use of a trademark

46. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
only white men and 2 hispanic men past a test for who was qualified for promotion - the city through away the results in fear of being considered discriminatory
sexual harassment is protected under title 7 because it effects genders differently in the workplace

47. What is not copyrightable?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

48. How is the right to use a trademark determined?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
record of such condition - being regarded as actually having a condition
who has been using it first or filed for it first
criticism - use in satire - news report - use to educate

49. Drake V. Walton County regarding the county taking property
signed by hundreds of countries that establishes standards for the international protection of intellectual property
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
intent when attached and will item be damaged because of removal? hard to determine
first person to invent not file for patent

50. What is can be considered trade dress?
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
distinctive decor - menu - style - service of an offering
property of one person rightfully in possession of another - custody
cannot be tried again - no appeal