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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. Example of an exception to the at will doctrine based on contract theory
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
a warranty that the buyer will not be disturbed in their possession of the land
entry of a plea - guilty/ not guilty
cannot be tried again - no appeal

2. Adverse possession
obtaining ownership by living on anothers property
test is originality - lasts life of creator - protection is automatic
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

3. Mail Fraud Act of 1990 is what?
mental state or intent part 2 of 2 for determining criminal liability
it is a federal crime to use the us postal service to defraud others on false pretenses
first person to invent not file for patent
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

4. Responsible corporate officer doctrine?
record of such condition - being regarded as actually having a condition
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a warranty that the buyer will not be disturbed in their possession of the land
used by members of a cooperative organization to certify the quality of service or product

5. Mail fraud act example senator?
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.
sally would possess an easement in this case - the right to travel across property owner peter's land
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

6. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
key words of a website that are used for search engines

7. 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?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
it rewards citizens for putting land to good use rather than just sitting on expanses of property
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

8. How long is a trademark protected? is it renewable
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
10 years and it is renewable
property of one person rightfully in possession of another - custody
20 years from filing

9. 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
conditional gifts that are only accepted upon the performance of marriage
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
sally would possess an easement in this case - the right to travel across property owner peter's land

10. Gold club corporate criminal liability example?
members cannot give nationals favorable treatment
No - property gifts are common
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sufficient evidence

11. Commercial bribery example
this for that - sexual favors - general conduct however one incident is not enough
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
mental state or intent part 2 of 2 for determining criminal liability

12. Bailments are?
the corporation could have prevented such acts
voluntarily parted with at the time - but then later tries to find it
property of one person rightfully in possession of another - custody
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

13. 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?
a warranty that the buyer will not be disturbed in their possession of the land
allows for use of copyrighted material under certain guidelines
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

14. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
owners of secret must try and protect - destroy garbage
No - but if they find any other reason - like you have been late often than you'll probably get fired
document by which title to property is passed

15. Steps to determining trademark infringement?
prohibits excessive bail and fines - cruel and unusual punishment
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
10 years and it is renewable

16. Title VII prevents discrimination in?

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17. What are the requirements for adverse possession to be recognized?
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
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

18. Meta tag example about terri welles
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
distinctive decor - menu - style - service of an offering
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
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

19. What composes RICO?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
treble damages

20. What is an easement by prescription?
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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

21. How can you come to possess land through adverse possession?
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
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
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

22. What is the result of a mistrial or a hung jury?
criminal defense stating that a crime was necessary in preventing an even greater crime
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the property that will benefit from a profit
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

23. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
classic stone corp. owns a profit in gross - and cannot transfer this right to another
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

24. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
can appeal - subject to new trial
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

25. What protection does the 8th amendment provide?
novel - useful - non obvious
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
prohibits excessive bail and fines - cruel and unusual punishment
members cannot give nationals favorable treatment

26. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

27. Dominion
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ownership rights to property
multiple owners of real or personal property
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

28. Significance of coca-cola V. koke Co of America
a warranty that the buyer will not be disturbed in their possession of the land
property of one person rightfully in possession of another - custody
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

29. Difference between joint tenancy and tenancy in common?
10 year period renewable
hours of employment - conditions - age of workers
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

30. Special Bailments
novel - useful - non obvious
process of hiding the source of illegally acquired funds
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
mistake of fact

31. In order to recieve protection what must one do?
test is originality - lasts life of creator - protection is automatic
must effectively try to acquire protection as well as keep the secret
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

32. What is a covenant of quiet enjoyment?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a warranty that the buyer will not be disturbed in their possession of the land
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
this for that - sexual favors - general conduct however one incident is not enough

33. Reasonable accommodation requirements by the ADA
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

34. How are trade secrets treated and protected?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the right to enter onto another persons property with the intentions of removing something valuable
owners of secret must try and protect - destroy garbage
used by members of a cooperative organization to certify the quality of service or product

35. In the united states who gets the patent if there is a conflict?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
multiple owners of real or personal property
the property that is burdened by a profit
first person to invent not file for patent

36. Example of an exception to the at will doctrine based on tort theory
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
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
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
process of hiding the source of illegally acquired funds

37. Patents allow for the owner to?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
probable cause
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

38. Business process patents involve?
generally the use of a software to perform a job or deliver product
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
taking property away from the owner with the intent of permanently removing them of ownership
the right to enter onto another persons property with the intentions of removing something valuable

39. Mens Rea
crops is considered to be real property and should be considered in the sale of such property.
mental state or intent part 2 of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

40. Requirements of a bailement
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
given exclusive possession and control over property - and knowingly accept responsibility
key words of a website that are used for search engines

41. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
given exclusive possession and control over property - and knowingly accept responsibility
secondary meaning
crops is considered to be real property and should be considered in the sale of such property.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

42. Napster example?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

43. Indictment requires
crops is considered to be real property and should be considered in the sale of such property.
it is a federal crime to use the us postal service to defraud others on false pretenses
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
sufficient evidence

44. Money laundering
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
process of hiding the source of illegally acquired funds
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
obtaining ownership by living on anothers property

45. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
distinctive decor - menu - style - service of an offering
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

46. What conditions are covered by the family medical leave act?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
intent - delivery - acceptance
birth - child placement - employee health - care for spouse - child - or parent - military duty

47. Arrest requires
obtaining ownership by living on anothers property
the right to enter onto another persons property with the intentions of removing something valuable
probable cause
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

48. How long are patents protected?
intent when attached and will item be damaged because of removal? hard to determine
criticism - use in satire - news report - use to educate
20 years from filing
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

49. What is an implied warranty of habitability?
voluntarily parted with at the time - but then later tries to find it
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
conditional gifts that are only accepted upon the performance of marriage
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. Outcome of a unanimous guilty verdict?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
can appeal - subject to new trial
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mental state or intent part 2 of 2 for determining criminal liability