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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. Burglary
the property that will benefit from a profit
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
breaking into a residence with the intent of performing a felony. this is a crime against property.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

2. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
20 years from filing
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime
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

3. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

4. Mail Fraud Act of 1990 is what?
breaking into a residence with the intent of performing a felony. this is a crime against property.
intent when attached and will item be damaged because of removal? hard to determine
it is a federal crime to use the us postal service to defraud others on false pretenses
hours of employment - conditions - age of workers

5. Commercial bribery example
taking property away from the owner with the intent of permanently removing them of ownership
offering someone who works at a different firm money for their trade secrets
cannot be tried again - no appeal
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

6. What terminates an easement?
any party can terminate an employment arrangement at anytime no questions asked
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
classic stone corp. owns a profit in gross - and cannot transfer this right to another

7. Employers should handle hostile environments regarding protected members of title 7 by?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ownership rights to property
used by members of a cooperative organization to certify the quality of service or product
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

8. Steps to determining trademark infringement?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
20 years from filing
fraudulent miss-use of funds that have been entrusted to them

9. Napster example?
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
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
intent - delivery - acceptance

10. Determining disability regarding with and without equipment?
distinctive decor - menu - style - service of an offering
streamlines and standardizes the processes for applying for a trademark abroad
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

11. Candyland example?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
given exclusive possession and control over property - and knowingly accept responsibility

12. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
members cannot give nationals favorable treatment
No - they are considered to be goods and is governed by the uniform commercial code

13. The Berne Convention
owner of premise where it was found - after good title is acquired
mistake of fact
entry of a plea - guilty/ not guilty
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

14. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
owner of premise where it was found - after good title is acquired
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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

15. Title VII protected categories?
race - sex - national origin - color - religion
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

16. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
prohibits excessive bail and fines - cruel and unusual punishment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
given exclusive possession and control over property - and knowingly accept responsibility

17. How long is a trademark protected? is it renewable
the corporation could have prevented such acts
10 years and it is renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the property that is burdened by a profit

18. Outcome of unanimous not guilty?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
cannot be tried again - no appeal
can appeal - subject to new trial
first person to invent not file for patent

19. What is the result of a mistrial or a hung jury?
mental state or intent part 2 of 2 for determining criminal liability
obtaining ownership by living on anothers property
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

20. What is a license considered to be in real property law?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

21. Strong Marks Case Example

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22. What are the requirements for adverse possession to be recognized?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
signed by hundreds of countries that establishes standards for the international protection of intellectual property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

23. Are crops real property when they are sold?
obtaining ownership by living on anothers property
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
No - they are considered to be goods and is governed by the uniform commercial code
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

24. In the united states who gets the patent if there is a conflict?
entry of a plea - guilty/ not guilty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
breaking into a residence with the intent of performing a felony. this is a crime against property.
first person to invent not file for patent

25. Significance of coca-cola V. koke Co of America
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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

26. Counterfeiting example? regarding punishment
mistake of fact
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the property that is burdened by a profit

27. Robbery
crops is considered to be real property and should be considered in the sale of such property.
a deed that transfers interest in a life estate from one to another
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

28. 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
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
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

29. Fair use doctrine
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
allows for use of copyrighted material under certain guidelines
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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.

30. What uses fall under the fair use doctrine?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
criticism - use in satire - news report - use to educate

31. What is a conveyance?
ownership rights to property
prohibits excessive bail and fines - cruel and unusual punishment
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
a deed that transfers interest in a life estate from one to another

32. Do Deeds require consideration to be valid?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
No - property gifts are common

33. EEOC is responsible for doing what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

34. What is protected expression?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
crops is considered to be real property and should be considered in the sale of such property.

35. How can you come to possess land through adverse possession?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
20 years from filing
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
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

36. Adverse possession
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
property of one person rightfully in possession of another - custody
obtaining ownership by living on anothers property

37. What could be considered as sexual harassment in the work place
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
this for that - sexual favors - general conduct however one incident is not enough
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

38. What are the requirements for making a gift an effective transfer of ownership?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent - delivery - acceptance
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

39. Responsible corporate officer doctrine?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
distinctive decor - menu - style - service of an offering
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
process of hiding the source of illegally acquired funds

40. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
any party can terminate an employment arrangement at anytime no questions asked
distinctive decor - menu - style - service of an offering
No - they are considered to be goods and is governed by the uniform commercial code

41. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
reverse engineer - go through garbage..
sexual harassment is protected under title 7 because it effects genders differently in the workplace
10 year period renewable

42. In real property law who is considered to be the servient estate?
cannot be tried again - no appeal
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the property that is burdened by a profit
ownership rights to property

43. How long are patents protected?
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
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
agreement permitting use of a trademark
20 years from filing

44. What conditions are covered by the family medical leave act?
record of such condition - being regarded as actually having a condition
arises when customers begin to associate a specific term or phrase with specific trademarked items
birth - child placement - employee health - care for spouse - child - or parent - military duty
classic stone corp. owns a profit in gross - and cannot transfer this right to another

45. What is retaliatory discharge?
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
allows for use of copyrighted material under certain guidelines
the property that will benefit from a profit
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

46. Arraignment is what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
obtaining ownership by living on anothers property
entry of a plea - guilty/ not guilty
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

47. Money laundering
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
novel - useful - non obvious
process of hiding the source of illegally acquired funds
treble damages

48. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
arises when customers begin to associate a specific term or phrase with specific trademarked items
No - they are considered to be goods and is governed by the uniform commercial code
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

49. 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
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

50. What is the determining issue when proving entrapment?
this for that - sexual favors - general conduct however one incident is not enough
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
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
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