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Business Law Yale

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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. What composes RICO?
probable cause
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
the property that will benefit from a profit
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

2. Are compilation of facts copyrightable? case example
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
mental state or intent part 2 of 2 for determining criminal liability
a deed that transfers interest in a life estate from one to another
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

3. Derivative work
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
10 years and it is renewable

4. Arraignment is what?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
entry of a plea - guilty/ not guilty
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

5. 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?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

6. What terminates an easement?
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 warranty that the buyer will not be disturbed in their possession of the land
streamlines and standardizes the processes for applying for a trademark abroad
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

7. What are the requirements for making a gift an effective transfer of ownership?
property of one person rightfully in possession of another - custody
intent - delivery - acceptance
it rewards citizens for putting land to good use rather than just sitting on expanses of property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

8. Necessity defense
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that is burdened by a profit
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
criminal defense stating that a crime was necessary in preventing an even greater crime

9. Example of an exception to the at will doctrine based on tort theory
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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. Are crops real property when they are sold?
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
No - they are considered to be goods and is governed by the uniform commercial code
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

11. Country club case
fraudulent miss-use of funds that have been entrusted to them
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

12. TRIPS agreement
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
signed by hundreds of countries that establishes standards for the international protection of intellectual property
entry of a plea - guilty/ not guilty
voluntarily parted with at the time - but then later tries to find it

13. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
first person to invent not file for patent
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

14. Copyright requirements
test is originality - lasts life of creator - protection is automatic
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

15. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
secondary meaning
allows for use of copyrighted material under certain guidelines
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

16. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

17. What is a conveyance?
crops is considered to be real property and should be considered in the sale of such property.
distinctive decor - menu - style - service of an offering
a deed that transfers interest in a life estate from one to another
the corporation could have prevented such acts

18. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
distinctive decor - menu - style - service of an offering
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
work for a company with more than 50 employees - employed for a year - and must try to give notice

19. What is a license considered to be in real property law?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

20. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
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
distinctive decor - menu - style - service of an offering
sufficient evidence

21. When property is found that was mislaid who owns it?
process of hiding the source of illegally acquired funds
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
owner of premise where it was found - after good title is acquired

22. Significance of coca-cola V. koke Co of America
generally the use of a software to perform a job or deliver product
intent when attached and will item be damaged because of removal? hard to determine
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
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

23. Attorney client privilege accomplishes what?
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
taking property away from the owner with the intent of permanently removing them of ownership
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property

24. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
members cannot give nationals favorable treatment
agreement permitting use of a trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

25. Gold club corporate criminal liability example?
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
mental state or intent part 2 of 2 for determining criminal liability
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
cannot be tried again - no appeal

26. Possible ruling interpretations for accession cases
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
secondary meaning
sufficient evidence
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

27. What is an easement by implication?
it is a federal crime to use the us postal service to defraud others on false pretenses
breaking into a residence with the intent of performing a felony. this is a crime against property.
probable cause
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

28. Counterfeiting example? regarding punishment
mental state or intent part 2 of 2 for determining criminal liability
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
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

29. Facts to be used in the fair use standard are?
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
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

30. In real property law who is considered to be the dominant estate?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the property that will benefit from a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

31. Drake V. Walton County regarding the county taking property
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.
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

32. Mail Fraud Act of 1990 is what?
voluntarily parted with at the time - but then later tries to find it
allows for use of copyrighted material under certain guidelines
it is a federal crime to use the us postal service to defraud others on false pretenses
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

33. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
birth - child placement - employee health - care for spouse - child - or parent - military duty
entry of a plea - guilty/ not guilty

34. Employers should handle hostile environments regarding protected members of title 7 by?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
used by members of a cooperative organization to certify the quality of service or product

35. Larceny
owner of premise where it was found - after good title is acquired
taking property away from the owner with the intent of permanently removing them of ownership
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

36. Steps to determining trademark infringement?
agreement permitting use of a trademark
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

37. How long are patents protected?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
20 years from filing
criminal defense stating that a crime was necessary in preventing an even greater crime
sally would possess an easement in this case - the right to travel across property owner peter's land

38. What is the result of a mistrial or a hung jury?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a prohibited act. performance of such act is 1 part 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
voluntarily parted with at the time - but then later tries to find it

39. Indictment requires
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
any party can terminate an employment arrangement at anytime no questions asked
sufficient evidence
taking property away from the owner with the intent of permanently removing them of ownership

40. Fair use doctrine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
allows for use of copyrighted material under certain guidelines
obtaining ownership by living on anothers property
who has been using it first or filed for it first

41. 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?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
test is originality - lasts life of creator - protection is automatic

42. Fair labor standards act covers issues such as?
this for that - sexual favors - general conduct however one incident is not enough
10 year period renewable
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
hours of employment - conditions - age of workers

43. What is Actus Reus
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
birth - child placement - employee health - care for spouse - child - or parent - military duty
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

44. What is a warranty deed?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
taking property away from the owner with the intent of permanently removing them of ownership

45. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
the property that will benefit from a profit
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

46. Examples of collective marks
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
No - they are considered to be goods and is governed by the uniform commercial code
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
finder after obtaining a title

47. Collective mark
a 60 day warning of a layoff or close of a factory that has more than 50 fulltime workers and is for companies with more than a total of 100fulltime workers
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
offering someone who works at a different firm money for their trade secrets
used by members of a cooperative organization to certify the quality of service or product

48. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a warranty that the buyer will not be disturbed in their possession of the land
prohibits excessive bail and fines - cruel and unusual punishment
race - sex - national origin - color - religion

49. What protection does the 8th amendment provide?
property of one person rightfully in possession of another - custody
prohibits excessive bail and fines - cruel and unusual punishment
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

50. Estray statutes encourage what?
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
finder after obtaining a title
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

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