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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. Trademarks are good for? are they renewable
key words of a website that are used for search engines
test is originality - lasts life of creator - protection is automatic
the property that will benefit from a profit
10 year period renewable

2. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against 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
agreement permitting use of a trademark
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

3. Mail Fraud Act of 1990 is what?
the property that is burdened by a profit
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
it is a federal crime to use the us postal service to defraud others on false pretenses

4. What is protected expression?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
10 years and it is renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

5. In order to recieve protection what must one do?
streamlines and standardizes the processes for applying for a trademark abroad
a deed that transfers interest in a life estate from one to another
must effectively try to acquire protection as well as keep the secret
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

6. Arraignment is what?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
it is a federal crime to use the us postal service to defraud others on false pretenses

7. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sally would possess an easement in this case - the right to travel across property owner peter's land
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

8. Difference between joint tenancy and tenancy in common?
property of one person rightfully in possession of another - custody
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

9. Workers comp and negligence

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10. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
mental state or intent part 2 of 2 for determining criminal liability
owner of premise where it was found - after good title is acquired

11. How is the right to use a trademark determined?
owners of secret must try and protect - destroy garbage
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
who has been using it first or filed for it first
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

12. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
the right to enter onto another persons property with the intentions of removing something valuable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
any party can terminate an employment arrangement at anytime no questions asked
work for a company with more than 50 employees - employed for a year - and must try to give notice

13. Attorney client privilege accomplishes what?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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

14. Bailments are?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
mistake of fact
property of one person rightfully in possession of another - custody

15. Are compilation of facts copyrightable? case example
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
streamlines and standardizes the processes for applying for a trademark abroad
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

16. What protection does the 6th amendment provide?
must effectively try to acquire protection as well as keep the secret
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
finder after obtaining a title
record of such condition - being regarded as actually having a condition

17. Title VII protected categories?
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
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
race - sex - national origin - color - religion
process of hiding the source of illegally acquired funds

18. What kind of mistake can be used as criminal defense?
10 years and it is renewable
mistake of fact
a deed that transfers interest in a life estate from one to another
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

19. Trademark dilution
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

20. Are commercial flights permitted to fly over private property?
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
No - property gifts are common
streamlines and standardizes the processes for applying for a trademark abroad
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

21. Sambucks vs. starbucks
another persons right to make limited use of another persons real property without taking anything away from the property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

22. Necessity defense
secondary meaning
probable cause
property of one person rightfully in possession of another - custody
criminal defense stating that a crime was necessary in preventing an even greater crime

23. What happens when land is sold that is growing crops?
race - sex - national origin - color - religion
crops is considered to be real property and should be considered in the sale of such property.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

24. What is can be considered trade dress?
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
distinctive decor - menu - style - service of an offering
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
secondary meaning

26. Mens Rea
reverse engineer - go through garbage..
mental state or intent part 2 of 2 for determining criminal liability
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

27. Possible ruling interpretations for accession cases
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
key words of a website that are used for search engines
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

28. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
secondary meaning
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ownership rights to property

29. Mistake of fact criminal defense example

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30. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
race - sex - national origin - color - religion
allows for use of copyrighted material under certain guidelines
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

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

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32. Example of an exception to the at will doctrine based on tort theory
signed by hundreds of countries that establishes standards for the international protection of intellectual property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

33. 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
obtaining ownership by living on anothers property
taking property away from the owner with the intent of permanently removing them of ownership
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

34. Commercial bribery example
a warranty that the buyer will not be disturbed in their possession of the land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
offering someone who works at a different firm money for their trade secrets
secondary meaning

35. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

36. License in trademark law?
10 year period renewable
agreement permitting use of a trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

37. Concurrent ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
must effectively try to acquire protection as well as keep the secret
test is originality - lasts life of creator - protection is automatic
multiple owners of real or personal property

38. Do Deeds require consideration to be valid?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
No - property gifts are common
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

39. What is the difference between real and personal property?
generally the use of a software to perform a job or deliver product
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

40. Joint tenancy
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

41. Meta tags
must effectively try to acquire protection as well as keep the secret
generally the use of a software to perform a job or deliver product
key words of a website that are used for search engines
a deed that transfers interest in a life estate from one to another

42. 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
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
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

43. When property is found who gets property when it was abondoned?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
finder after obtaining a title
this for that - sexual favors - general conduct however one incident is not enough
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

44. What is legally a disability?
members cannot give nationals favorable treatment
a physical or mental impairment that substantially limits one or more major life activities
novel - useful - non obvious
fraudulent miss-use of funds that have been entrusted to them

45. Engagement rings are considered to be?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
conditional gifts that are only accepted upon the performance of marriage

46. Fair use doctrine
20 years from filing
criticism - use in satire - news report - use to educate
allows for use of copyrighted material under certain guidelines
novel - useful - non obvious

47. Is it a fixture?
10 years and it is renewable
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

48. Fair labor standards act covers issues such as?
must effectively try to acquire protection as well as keep the secret
hours of employment - conditions - age of workers
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
No - property gifts are common

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

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50. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate
entry of a plea - guilty/ not guilty