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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. In the united states who gets the patent if there is a conflict?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
first person to invent not file for patent
the exclusionary rule was made to deter illegal police behavior that outweighed allowing a few criminals free - but if it is an isolated incident and won't detour others - than it is not exclusionary

2. Sexual harassment is treated as what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
sexual harassment is protected under title 7 because it effects genders differently in the workplace
the property that is burdened by a profit
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense

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

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4. George V restauration s.a. V. Little Rest Twelve licensing case example

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5. What is a conveyance?
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
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future
record of such condition - being regarded as actually having a condition
a deed that transfers interest in a life estate from one to another

6. Darst V. Interstate Brands Corp. regarding family and medical leave rights
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
entry of a plea - guilty/ not guilty

7. Are compilation of facts copyrightable? case example
streamlines and standardizes the processes for applying for a trademark abroad
secondary meaning
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

8. Fair labor standards act covers issues such as?
distinctive decor - menu - style - service of an offering
hours of employment - conditions - age of workers
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
the corporation could have prevented such acts

9. Discrimination during the hiring process is acceptable when?
entry of a plea - guilty/ not guilty
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
multiple owners of real or personal property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

10. Larceny
crops is considered to be real property and should be considered in the sale of such property.
taking property away from the owner with the intent of permanently removing them of ownership
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

11. Necessity defense
arises when customers begin to associate a specific term or phrase with specific trademarked items
taking property away from the owner with the intent of permanently removing them of ownership
criminal defense stating that a crime was necessary in preventing an even greater crime
process of hiding the source of illegally acquired funds

12. License in trademark law?
streamlines and standardizes the processes for applying for a trademark abroad
prohibits excessive bail and fines - cruel and unusual punishment
agreement permitting use of a trademark
fraudulent miss-use of funds that have been entrusted to them

13. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
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
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
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

14. Special Bailments
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
obtaining ownership by living on anothers property
intent - delivery - acceptance

15. 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?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

16. What is a covenant of quiet enjoyment?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that will benefit from a profit
the exclusionary rule was made to deter illegal police behavior that outweighed allowing a few criminals free - but if it is an isolated incident and won't detour others - than it is not exclusionary
a warranty that the buyer will not be disturbed in their possession of the land

17. What is an easement by implication?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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
record of such condition - being regarded as actually having a condition

18. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
it is a federal crime to use the us postal service to defraud others on false pretenses
any party can terminate an employment arrangement at anytime no questions asked

19. Reverse discrimination example firefighters
given exclusive possession and control over property - and knowingly accept responsibility
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

20. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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

21. What is the determining issue when proving entrapment?
distinctive decor - menu - style - service of an offering
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
mistake of fact
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

22. Employers should handle hostile environments regarding protected members of title 7 by?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

23. Mail Fraud Act of 1990 is what?
intent when attached and will item be damaged because of removal? hard to determine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
it is a federal crime to use the us postal service to defraud others on false pretenses

24. Title VII protected categories?
race - sex - national origin - color - religion
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

25. Mistake of fact criminal defense example

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26. Can you be fired for whistle blowing?

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27. Meta tag example about terri welles
another persons right to make limited use of another persons real property without taking anything away from the property
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
allows for use of copyrighted material under certain guidelines
No - but if they find any other reason - like you have been late often than you'll probably get fired

28. EEOC is responsible for doing what?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
No - but if they find any other reason - like you have been late often than you'll probably get fired
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

29. What is an implied warranty of habitability?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
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
hours of employment - conditions - age of workers

30. Certification mark
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
fraudulent miss-use of funds that have been entrusted to them
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

31. Secondary Meaning Example frosty treats
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
a physical or mental impairment that substantially limits one or more major life activities
secondary meaning
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

32. What composes an 'at will doctrine'
can appeal - subject to new trial
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
any party can terminate an employment arrangement at anytime no questions asked
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

33. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
entry of a plea - guilty/ not guilty
owner of premise where it was found - after good title is acquired
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

34. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
cannot be tried again - no appeal
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
10 year period renewable

35. What is can be considered trade dress?
it is a federal crime to use the us postal service to defraud others on false pretenses
voluntarily parted with at the time - but then later tries to find it
distinctive decor - menu - style - service of an offering
agreement permitting use of a trademark

36. What is protected expression?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
who has been using it first or filed for it first

37. Napster example?
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.
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a warranty that the buyer will not be disturbed in their possession of the land

38. Counterfeiting example? regarding punishment
any party can terminate an employment arrangement at anytime no questions asked
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag

39. What is the result of a mistrial or a hung jury?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
first person to invent not file for patent

40. What is retaliatory discharge?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
breaking into a residence with the intent of performing a felony. this is a crime against property.

41. Mail fraud act example senator?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
process of hiding the source of illegally acquired funds
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
owners of secret must try and protect - destroy garbage

42. Is it a fixture?
the property that is burdened by a profit
intent when attached and will item be damaged because of removal? hard to determine
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
any party can terminate an employment arrangement at anytime no questions asked

43. In real property law who is considered to be the servient estate?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
taking property away from the owner with the intent of permanently removing them of ownership
the property that is burdened by a profit

44. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
allows for use of copyrighted material under certain guidelines
classic stone corp. owns a profit in gross - and cannot transfer this right to another
given exclusive possession and control over property - and knowingly accept responsibility
ownership rights to property

45. Joint tenancy
mistake of fact
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

46. What composes RICO?
use of illegal income to purchase interest in an enterprise - acquire or maintain interest in an enterprise through the use of racketeering - conduct in activity of an enterprise through racketeering - pattern 2 acts of racketeering or any crime with
No - they are considered to be goods and is governed by the uniform commercial code
the corporation could have prevented such acts
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

47. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
it is a federal crime to use the us postal service to defraud others on false pretenses
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

48. Examples of collective marks
ownership rights to property
No - but if they find any other reason - like you have been late often than you'll probably get fired
attorney needs all the information to properly defend their client - so in order to give people this right to a fair trial they need defense
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

49. Facts to be used in the fair use standard are?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
key words of a website that are used for search engines
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

50. What is a job offer?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application