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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. Robbery
hours of employment - conditions - age of workers
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
allows for use of copyrighted material under certain guidelines
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

2. What composes RICO?
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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

3. Workers comp and negligence

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4. Patents allow for the owner to?
used by members of a cooperative organization to certify the quality of service or product
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
voluntarily parted with at the time - but then later tries to find it

5. What must a deed possess to be valid?

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6. Possible ruling interpretations for accession cases
members cannot give nationals favorable treatment
finder after obtaining a title
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

7. Can you be fired for whistle blowing?

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8. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
fraudulent miss-use of funds that have been entrusted to them
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
must effectively try to acquire protection as well as keep the secret

9. What is secondary meaning?
mental state or intent part 2 of 2 for determining criminal liability
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
entry of a plea - guilty/ not guilty
arises when customers begin to associate a specific term or phrase with specific trademarked items

10. The EEOC requires that victims do what before they hold employers liable?
used by members of a cooperative organization to certify the quality of service or product
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
document by which title to property is passed
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

11. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
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
obtaining ownership by living on anothers property
streamlines and standardizes the processes for applying for a trademark abroad

12. Money laundering
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
process of hiding the source of illegally acquired funds
reverse engineer - go through garbage..
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

13. What is a Deed
document by which title to property is passed
a physical or mental impairment that substantially limits one or more major life activities
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

14. Cybersquatting
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

15. What is can be considered trade dress?
conditional gifts that are only accepted upon the performance of marriage
distinctive decor - menu - style - service of an offering
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
it rewards citizens for putting land to good use rather than just sitting on expanses of property

16. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
members cannot give nationals favorable treatment

17. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

18. Are crops real property when they are sold?
taking property away from the owner with the intent of permanently removing them of ownership
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
the property that will benefit from a profit
No - they are considered to be goods and is governed by the uniform commercial code

19. Commercial bribery example
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
offering someone who works at a different firm money for their trade secrets
multiple owners of real or personal property
intent - delivery - acceptance

20. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
it rewards citizens for putting land to good use rather than just sitting on expanses of property
20 years from filing
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

21. In order to recieve protection what must one do?
mental state or intent part 2 of 2 for determining criminal liability
must effectively try to acquire protection as well as keep the secret
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

22. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
reverse engineer - go through garbage..
test is originality - lasts life of creator - protection is automatic
criminal defense stating that a crime was necessary in preventing an even greater crime

23. Title VII prevents discrimination in?

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24. Bailments are?
property of one person rightfully in possession of another - custody
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
sally would possess an easement in this case - the right to travel across property owner peter's land

25. 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.
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
key words of a website that are used for search engines

26. Mail fraud act example senator?
criminal defense stating that a crime was necessary in preventing an even greater crime
mistake of fact
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a warranty that the buyer will not be disturbed in their possession of the land

27. Facts to be used in the fair use standard are?
finder after obtaining a title
intent when attached and will item be damaged because of removal? hard to determine
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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

28. Estray statutes encourage what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
probable cause

29. Engagement rings are considered to be?
sufficient evidence
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
conditional gifts that are only accepted upon the performance of marriage
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

30. What is a warranty deed?
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
can appeal - subject to new trial
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

31. The WARN act calls for what?
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 - property gifts are common
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
taking property away from the owner with the intent of permanently removing them of ownership

32. Reverse discrimination example firefighters
record of such condition - being regarded as actually having a condition
work for a company with more than 50 employees - employed for a year - and must try to give notice
prohibits excessive bail and fines - cruel and unusual punishment
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

33. What happens when land is sold that is growing crops?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
crops is considered to be real property and should be considered in the sale of such property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

34. Remedies for patent infringement
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
distinctive decor - menu - style - service of an offering
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 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

35. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

36. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
any party can terminate an employment arrangement at anytime no questions asked
sufficient evidence
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

37. Mail Fraud Act of 1990 is what?
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
first person to invent not file for patent
it is a federal crime to use the us postal service to defraud others on false pretenses
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

38. What could be considered as sexual harassment in the work place
given exclusive possession and control over property - and knowingly accept responsibility
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
this for that - sexual favors - general conduct however one incident is not enough
agreement permitting use of a trademark

39. What is legally a disability?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
document by which title to property is passed
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
a physical or mental impairment that substantially limits one or more major life activities

40. Example of an exception to the at will doctrine based on contract theory
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
fraudulent miss-use of funds that have been entrusted to them

41. Special Bailments
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
must effectively try to acquire protection as well as keep the secret
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

42. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
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

43. Members of the TRIPS agreement cannot do what?
crops is considered to be real property and should be considered in the sale of such property.
members cannot give nationals favorable treatment
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

44. Roman Catholic Church V. Prince Reality Management regarding a license?
conditional gifts that are only accepted upon the performance of marriage
record of such condition - being regarded as actually having a condition
another persons right to make limited use of another persons real property without taking anything away from the 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

45. How long is a trademark protected? is it renewable
20 years from filing
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
10 years and it is renewable

46. In order to receive protection under the family medical leave act - one must?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
work for a company with more than 50 employees - employed for a year - and must try to give notice
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

47. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
a deed that transfers interest in a life estate from one to another
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

48. What is a conveyance?
a deed that transfers interest in a life estate from one to another
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
agreement permitting use of a trademark
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

49. Darst V. Interstate Brands Corp. regarding family and medical leave rights
property of one person rightfully in possession of another - custody
intent when attached and will item be damaged because of removal? hard to determine
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

50. Embezzlement
20 years from filing
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
sexual harassment is protected under title 7 because it effects genders differently in the workplace
fraudulent miss-use of funds that have been entrusted to them