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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 a conveyance?
a deed that transfers interest in a life estate from one to another
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
generally the use of a software to perform a job or deliver product
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

2. Napster example?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

3. What is the purpose of the adverse possession doctrine?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
it rewards citizens for putting land to good use rather than just sitting on expanses of property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
fraudulent miss-use of funds that have been entrusted to them

4. What is legally a disability?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
generally the use of a software to perform a job or deliver product
a physical or mental impairment that substantially limits one or more major life activities

5. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
multiple owners of real or personal property
generally the use of a software to perform a job or deliver product
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

6. What is protected expression?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
sufficient evidence
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

7. How long is a trademark protected? is it renewable
10 year period renewable
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
10 years and it is renewable
prohibits excessive bail and fines - cruel and unusual punishment

8. Meta tag example about terri welles
race - sex - national origin - color - religion
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

9. Business process patents involve?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
intent - delivery - acceptance
generally the use of a software to perform a job or deliver product

10. Engagement rings are considered to be?
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
distinctive decor - menu - style - service of an offering
given exclusive possession and control over property - and knowingly accept responsibility
conditional gifts that are only accepted upon the performance of marriage

11. Possible ruling interpretations for accession cases
it is a federal crime to use the us postal service to defraud others on false pretenses
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
10 years and it is renewable
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

12. Trademark dilution
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
sexual harassment is protected under title 7 because it effects genders differently in the workplace
mental state or intent part 2 of 2 for determining criminal liability
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

13. Roman Catholic Church V. Prince Reality Management regarding a license?
crops is considered to be real property and should be considered in the sale of such property.
criticism - use in satire - news report - use to educate
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
No - property gifts are common

14. What is an implied warranty of habitability?
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
can sue for relief and damages that may arrise from the infringement - if court sees that the infringement was willful the court can call for triple the amount of damages
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

15. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
10 year period renewable

16. What determines likeliness of confusion?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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.

17. What is secondary meaning?
it is a federal crime to use the us postal service to defraud others on false pretenses
arises when customers begin to associate a specific term or phrase with specific trademarked items
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

18. Secondary Meaning Example frosty treats
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
can sue for relief and damages that may arrise from the infringement - if court sees that the infringement was willful the court can call for triple the amount of damages
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
a warranty that the buyer will not be disturbed in their possession of the land

19. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
streamlines and standardizes the processes for applying for a trademark abroad
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
No - but if they find any other reason - like you have been late often than you'll probably get fired

20. Candyland example?
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
reverse engineer - go through garbage..
the property that will benefit from a profit
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

21. Copyright requirements
given exclusive possession and control over property - and knowingly accept responsibility
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
test is originality - lasts life of creator - protection is automatic

22. Generic terms can never have?
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
secondary meaning
entry of a plea - guilty/ not guilty
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

23. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
a warranty that the buyer will not be disturbed in their possession of the land
probable cause
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

24. What happens when land is sold that is growing crops?
mental state or intent part 2 of 2 for determining criminal liability
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
crops is considered to be real property and should be considered in the sale of such 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

25. Members of the TRIPS agreement cannot do what?
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
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
members cannot give nationals favorable treatment

26. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
property of one person rightfully in possession of another - custody
secondary meaning
voluntarily parted with at the time - but then later tries to find it

27. What conditions are covered by the family medical leave act?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
intent when attached and will item be damaged because of removal? hard to determine
birth - child placement - employee health - care for spouse - child - or parent - military duty

28. What is can be considered trade dress?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
a warranty that the buyer will not be disturbed in their possession of the land
distinctive decor - menu - style - service of an offering

29. Fair labor standards act covers issues such as?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
streamlines and standardizes the processes for applying for a trademark abroad
hours of employment - conditions - age of workers

30. Triple amount of damages definition
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the right to enter onto another persons property with the intentions of removing something valuable
treble damages
sally would possess an easement in this case - the right to travel across property owner peter's land

31. How long are patents protected?
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
key words of a website that are used for search engines
20 years from filing
prohibits excessive bail and fines - cruel and unusual punishment

32. 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.
the right to enter onto another persons property with the intentions of removing something valuable
sally would possess an easement in this case - the right to travel across property owner peter's land
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

33. What is a license considered to be in real property law?
1) member of a protected class 2) applied and was qualified 3) rejected by the employer 4) the employer continued to look or filled the position with someone not in a protected class
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

34. Mail Fraud Act of 1990 is what?
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
entry of a plea - guilty/ not guilty
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses

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

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36. Fair use is limited to?
multiple owners of real or personal property
10 years and it is renewable
record of such condition - being regarded as actually having a condition
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

37. Mistake of fact criminal defense example

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38. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

39. How can you come to possess land through adverse possession?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

40. Sambucks vs. starbucks
property of one person rightfully in possession of another - custody
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
prohibits excessive bail and fines - cruel and unusual punishment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

41. Trademarks are good for? are they renewable
allows for use of copyrighted material under certain guidelines
cannot be tried again - no appeal
10 year period renewable
a warranty that the buyer will not be disturbed in their possession of the land

42. 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
birth - child placement - employee health - care for spouse - child - or parent - military duty
No - but if they find any other reason - like you have been late often than you'll probably get fired
test is originality - lasts life of creator - protection is automatic

43. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the corporation could have prevented such acts

44. Sexual harassment is treated as what?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

45. Steps to determining trademark infringement?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
work for a company with more than 50 employees - employed for a year - and must try to give notice
secondary meaning
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

46. Bailments are?
property of one person rightfully in possession of another - custody
criminal defense stating that a crime was necessary in preventing an even greater crime
first person to invent not file for patent
it rewards citizens for putting land to good use rather than just sitting on expanses of property

47. In order to receive protection under the family medical leave act - one must?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
record of such condition - being regarded as actually having a condition
No - they are considered to be goods and is governed by the uniform commercial code
work for a company with more than 50 employees - employed for a year - and must try to give notice

48. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

49. Title VII protected categories?
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
race - sex - national origin - color - religion
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
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

50. Remedies for patent infringement
crops is considered to be real property and should be considered in the sale of such property.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
can sue for relief and damages that may arrise from the infringement - if court sees that the infringement was willful the court can call for triple the amount of damages