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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
must effectively try to acquire protection as well as keep the secret
can appeal - subject to new trial

2. Sambucks vs. starbucks
the property that will benefit from a profit
key words of a website that are used for search engines
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent - delivery - acceptance

3. What protection does the 6th amendment provide?
owner of premise where it was found - after good title is acquired
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

4. Example of how an idea can be inseparable from its expression

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5. When property is found that was mislaid who owns it?
another persons right to make limited use of another persons real property without taking anything away from the property
owner of premise where it was found - after good title is acquired
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
the property that is burdened by a profit

6. What are some criminal defenses
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
10 years and it is renewable

7. Title VII protected categories?
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning
race - sex - national origin - color - religion
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

8. Significance of coca-cola V. koke Co of America
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
sally would possess an easement in this case - the right to travel across property owner peter's land
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
agreement permitting use of a trademark

9. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
taking property away from the owner with the intent of permanently removing them of ownership
distinctive decor - menu - style - service of an offering

10. Mistake of fact criminal defense example

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11. How is the right to use a trademark determined?
hours of employment - conditions - age of workers
who has been using it first or filed for it first
members cannot give nationals favorable treatment
20 years from filing

12. Fair use is limited to?
criminal defense stating that a crime was necessary in preventing an even greater crime
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
can appeal - subject to new trial
race - sex - national origin - color - religion

13. What is not copyrightable?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
treble damages

14. What is secondary meaning?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
treble damages
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

15. What is an implied warranty of habitability?
owners of secret must try and protect - destroy garbage
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.
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
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

16. Facts to be used in the fair use standard are?
No - property gifts are common
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
cannot be tried again - no appeal

17. Employers should handle hostile environments regarding protected members of title 7 by?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

18. Example of an exception to the at will doctrine based on contract theory
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
hours of employment - conditions - age of workers
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

19. 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?
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
owner of premise where it was found - after good title is acquired
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

20. What protection does the 8th amendment provide?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
prohibits excessive bail and fines - cruel and unusual punishment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

21. What is Actus Reus
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
probable cause
the right to enter onto another persons property with the intentions of removing something valuable
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

22. Is it a fixture?
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
intent when attached and will item be damaged because of removal? hard to determine

23. Generic terms can never have?
No - property gifts are common
secondary meaning
a deed that transfers interest in a life estate from one to another
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

24. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
voluntarily parted with at the time - but then later tries to find it
distinctive decor - menu - style - service of an offering
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

25. Reverse discrimination example firefighters
No - property gifts are common
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
first person to invent not file for patent
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

26. Trademark dilution
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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
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

27. The WARN act calls for what?
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
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
voluntarily parted with at the time - but then later tries to find it
No - property gifts are common

28. Robbery
cannot be tried again - no appeal
property of one person rightfully in possession of another - custody
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
key words of a website that are used for search engines

29. KSR Internation V. Teleflex INC. regarding what is patentable?

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30. Are crops real property when they are sold?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
No - they are considered to be goods and is governed by the uniform commercial code
sally would possess an easement in this case - the right to travel across property owner peter's land

31. Purpose of criminal penalties?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
it is a federal crime to use the us postal service to defraud others on false pretenses

32. How long is a trademark protected? is it renewable
members cannot give nationals favorable treatment
it is a federal crime to use the us postal service to defraud others on false pretenses
10 years and it is renewable
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

33. Examples of collective marks
breaking into a residence with the intent of performing a felony. this is a crime against property.
owner of premise where it was found - after good title is acquired
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

34. Patents allow for the owner to?
secondary meaning
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
given exclusive possession and control over property - and knowingly accept responsibility
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

35. The madrid protocol accomplishes what?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a warranty that the buyer will not be disturbed in their possession of the land
generally the use of a software to perform a job or deliver product
streamlines and standardizes the processes for applying for a trademark abroad

36. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
race - sex - national origin - color - religion
intent - delivery - acceptance
a warranty that the buyer will not be disturbed in their possession of the land

37. Collective mark
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a warranty that the buyer will not be disturbed in their possession of the land
can appeal - subject to new trial
used by members of a cooperative organization to certify the quality of service or product

38. What is the purpose of the adverse possession doctrine?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
who has been using it first or filed for it first
it rewards citizens for putting land to good use rather than just sitting on expanses of property

39. What is legally a disability?
mistake of fact
a physical or mental impairment that substantially limits one or more major life activities
generally the use of a software to perform a job or deliver product
obtaining ownership by living on anothers property

40. In the united states who gets the patent if there is a conflict?
document by which title to property is passed
the right to enter onto another persons property with the intentions of removing something valuable
first person to invent not file for patent
multiple owners of real or personal property

41. Roman Catholic Church V. Prince Reality Management regarding a license?
fraudulent miss-use of funds that have been entrusted to them
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
the property that is burdened by a profit
generally the use of a software to perform a job or deliver product

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

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43. Burglary
test is originality - lasts life of creator - protection is automatic
probable cause
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

44. Outcome of a unanimous guilty verdict?
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 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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
can appeal - subject to new trial

45. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
this for that - sexual favors - general conduct however one incident is not enough
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

46. What composes an 'at will doctrine'
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
any party can terminate an employment arrangement at anytime no questions asked
probable cause
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

47. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
classic stone corp. owns a profit in gross - and cannot transfer this right to another

48. What is a warranty deed?
the property that is burdened by a profit
entry of a plea - guilty/ not guilty
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
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

49. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
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
distinctive decor - menu - style - service of an offering
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

50. What are strong Marks?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others