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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. What is an easement by prescription?
conditional gifts that are only accepted upon the performance of marriage
the property that is burdened by a profit
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
document by which title to property is passed

2. Triple amount of damages definition
race - sex - national origin - color - religion
treble damages
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

3. Tenancy by the entirety - or community ownership
property of one person rightfully in possession of another - custody
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

4. What is retaliatory discharge?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

5. Napster example?
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 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

6. Fair use doctrine
prohibits excessive bail and fines - cruel and unusual punishment
offering someone who works at a different firm money for their trade secrets
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
allows for use of copyrighted material under certain guidelines

7. Outcome of unanimous not guilty?
20 years from filing
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
cannot be tried again - no appeal
probable cause

8. Discrimination during the hiring process is acceptable when?
birth - child placement - employee health - care for spouse - child - or parent - military duty
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

9. Patents allow for the owner to?
20 years from filing
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
document by which title to property is passed

10. Trademark dilution
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
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

11. What protection does the 8th amendment provide?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
prohibits excessive bail and fines - cruel and unusual punishment
No - but if they find any other reason - like you have been late often than you'll probably get fired
it is a federal crime to use the us postal service to defraud others on false pretenses

12. What is a conveyance?
owners of secret must try and protect - destroy garbage
a warranty that the buyer will not be disturbed in their possession of the land
generally the use of a software to perform a job or deliver product
a deed that transfers interest in a life estate from one to another

13. Dominion
agreement permitting use of a trademark
fraudulent miss-use of funds that have been entrusted to them
intent - delivery - acceptance
ownership rights to property

14. What kind of mistake can be used as criminal defense?
mistake of fact
can appeal - subject to new trial
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
another persons right to make limited use of another persons real property without taking anything away from the property

15. Gold club corporate criminal liability example?
the right to enter onto another persons property with the intentions of removing something valuable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sally would possess an easement in this case - the right to travel across property owner peter's land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

16. Generic terms can never have?
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
who has been using it first or filed for it first
you cannot copyright an idea - only the way in which the idea is expressed. if the idea is inseperable to the expression than it is not copyrightable

17. Certification mark
it rewards citizens for putting land to good use rather than just sitting on expanses of property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
reverse engineer - go through garbage..

18. How long is a trademark protected? is it renewable
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
No - they are considered to be goods and is governed by the uniform commercial code
10 years and it is renewable

19. What protection does the 6th amendment provide?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
intent when attached and will item be damaged because of removal? hard to determine

20. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
work for a company with more than 50 employees - employed for a year - and must try to give notice

21. How is the right to use a trademark determined?
10 years and it is renewable
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
who has been using it first or filed for it first

22. Possible ruling interpretations for accession cases
crops is considered to be real property and should be considered in the sale of such property.
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
fraudulent miss-use of funds that have been entrusted to them
mental state or intent part 2 of 2 for determining criminal liability

23. Mail Fraud Act of 1990 is what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
it is a federal crime to use the us postal service to defraud others on false pretenses
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

24. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
criticism - use in satire - news report - use to educate
novel - useful - non obvious
it rewards citizens for putting land to good use rather than just sitting on expanses of property

25. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
hours of employment - conditions - age of workers
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

26. TRIPS agreement
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 years and it is renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property

27. What uses fall under the fair use doctrine?
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
obtaining ownership by living on anothers property
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
criticism - use in satire - news report - use to educate

28. Example of an exception to the at will doctrine based on tort theory
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
document by which title to property is passed
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

29. Necessity defense
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
criminal defense stating that a crime was necessary in preventing an even greater crime
document by which title to property is passed
finder after obtaining a title

30. Arrest 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
distinctive decor - menu - style - service of an offering
the corporation could have prevented such acts
probable cause

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

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32. What is a covenant of quiet enjoyment?
10 years and it is renewable
generally the use of a software to perform a job or deliver product
a warranty that the buyer will not be disturbed in their possession of the land
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

33. In real property law who is considered to be the dominant estate?
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that will benefit from a profit
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

34. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

35. Arraignment is what?
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
entry of a plea - guilty/ not guilty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

36. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
10 year period renewable
first person to invent not file for patent

37. Meta tag example about terri welles
cannot be tried again - no appeal
members cannot give nationals favorable treatment
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
sally would possess an easement in this case - the right to travel across property owner peter's land

38. Meta tags
owners of secret must try and protect - destroy garbage
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
key words of a website that are used for search engines
taking property away from the owner with the intent of permanently removing them of ownership

39. Remedies for patent infringement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
given exclusive possession and control over property - and knowingly accept responsibility
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

40. The WARN act calls for what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
hours of employment - conditions - age of workers
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

41. Cybersquatting
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

42. The EEOC requires that victims do what before they hold employers liable?
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
owner of premise where it was found - after good title is acquired
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

43. What are strong Marks?
any party can terminate an employment arrangement at anytime no questions asked
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

44. What is secondary meaning?
first person to invent not file for patent
arises when customers begin to associate a specific term or phrase with specific trademarked items
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

45. When property is found who gets property when it was abondoned?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
finder after obtaining a title
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
sexual harassment is protected under title 7 because it effects genders differently in the workplace

46. Attorney client privilege accomplishes what?
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
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

47. Steps to determining trademark infringement?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

48. Patent Requirements
novel - useful - non obvious
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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

49. Example of how an idea can be inseparable from its expression

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50. Title VII protected categories?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
race - sex - national origin - color - religion
generally the use of a software to perform a job or deliver product
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