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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 conditions are covered by the family medical leave act?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
process of hiding the source of illegally acquired funds
birth - child placement - employee health - care for spouse - child - or parent - military duty
document by which title to property is passed

2. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
intent - delivery - acceptance
secondary meaning
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

3. 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?
agreement permitting use of a trademark
criminal defense stating that a crime was necessary in preventing an even greater crime
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
employers need to make reasonable effort - employers should have a process to deal with hostility - employees are required to give employer a chance to take care of

4. Outcome of unanimous not guilty?
novel - useful - non obvious
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot be tried again - no appeal

5. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

6. Trademark dilution
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

7. Certification mark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
this for that - sexual favors - general conduct however one incident is not enough
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
crops is considered to be real property and should be considered in the sale of such property.

8. Robbery
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

9. Engagement rings are considered to be?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
conditional gifts that are only accepted upon the performance of marriage
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

10. Example of an exception to the at will doctrine based on tort theory
cannot be tried again - no appeal
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
10 year period renewable

11. What is an easement by prescription?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
distinctive decor - menu - style - service of an offering
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

12. Fair use is limited to?
agreement permitting use of a trademark
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
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.

13. Trademarks are good for? are they renewable
10 year period renewable
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
the corporation could have prevented such acts
owner of premise where it was found - after good title is acquired

14. Indictment requires
key words of a website that are used for search engines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
sufficient evidence
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

15. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

16. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
owners of secret must try and protect - destroy garbage
ownership rights to 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

17. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a physical or mental impairment that substantially limits one or more major life activities
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

18. How long is a trademark protected? is it renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
10 years and it is renewable
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

19. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a physical or mental impairment that substantially limits one or more major life activities

20. What is a covenant of quiet enjoyment?
entry of a plea - guilty/ not guilty
finder after obtaining a title
race - sex - national origin - color - religion
a warranty that the buyer will not be disturbed in their possession of the land

21. Embezzlement
it is a federal crime to use the us postal service to defraud others on false pretenses
work for a company with more than 50 employees - employed for a year - and must try to give notice
fraudulent miss-use of funds that have been entrusted to them
it rewards citizens for putting land to good use rather than just sitting on expanses of property

22. Roman Catholic Church V. Prince Reality Management regarding a license?
any party can terminate an employment arrangement at anytime no questions asked
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 - but if they find any other reason - like you have been late often than you'll probably get fired
hours of employment - conditions - age of workers

23. Members of the TRIPS agreement cannot do what?
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
crops is considered to be real property and should be considered in the sale of such property.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
members cannot give nationals favorable treatment

24. Tenancy by the entirety - or community ownership
intent when attached and will item be damaged because of removal? hard to determine
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

25. What must a deed possess to be valid?

26. Business process patents involve?
10 years and it is renewable
sufficient evidence
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
generally the use of a software to perform a job or deliver product

27. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

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

29. What is a conveyance?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a deed that transfers interest in a life estate from one to another
obtaining ownership by living on anothers property
a physical or mental impairment that substantially limits one or more major life activities

30. Counterfeiting example? regarding punishment
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
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
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

31. License in trademark law?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
work for a company with more than 50 employees - employed for a year - and must try to give notice
agreement permitting use of a trademark
criminal defense stating that a crime was necessary in preventing an even greater crime

32. Adverse possession
owners of secret must try and protect - destroy garbage
used by members of a cooperative organization to certify the quality of service or product
obtaining ownership by living on anothers property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

33. Attorney client privilege accomplishes what?
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
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
10 year period renewable
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

34. Examples of collective marks
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
probable cause
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

35. How is the right to use a trademark determined?
entry of a plea - guilty/ not guilty
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
process of hiding the source of illegally acquired funds
who has been using it first or filed for it first

36. Are commercial flights permitted to fly over private property?
work for a company with more than 50 employees - employed for a year - and must try to give notice
it is a federal crime to use the us postal service to defraud others on false pretenses
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

37. 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
members cannot give nationals favorable treatment
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

38. What is not copyrightable?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
probable cause
who has been using it first or filed for it first
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

39. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
it rewards citizens for putting land to good use rather than just sitting on expanses of property
given exclusive possession and control over property - and knowingly accept responsibility
a deed that transfers interest in a life estate from one to another

40. 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?

41. What terminates an easement?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
record of such condition - being regarded as actually having a condition
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

42. Country club case
ownership rights to property
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
first person to invent not file for patent

43. What is retaliatory discharge?
criticism - use in satire - news report - use to educate
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
document by which title to property is passed

44. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
mental state or intent part 2 of 2 for determining criminal liability
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
intent - delivery - acceptance

45. What is a warranty deed?
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
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
race - sex - national origin - color - religion
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

46. What uses fall under the fair use doctrine?
10 year period renewable
criticism - use in satire - news report - use to educate
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

47. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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

48. What happens when land is sold that is growing crops?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
crops is considered to be real property and should be considered in the sale of such property.
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

49. Significance of coca-cola V. koke Co of America
ownership rights to property
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
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

50. Meta tag example about terri welles
taking property away from the owner with the intent of permanently removing them of ownership
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a warranty that the buyer will not be disturbed in their possession of the land