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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. License in trademark law?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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
agreement permitting use of a trademark

2. In order to prove discrimination in hiring one has to prove?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
entry of a plea - guilty/ not guilty
arises when customers begin to associate a specific term or phrase with specific trademarked items
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

3. The Berne Convention
process of hiding the source of illegally acquired funds
mental state or intent part 2 of 2 for determining criminal liability
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

4. Do Deeds require consideration to be valid?
No - property gifts are common
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
test is originality - lasts life of creator - protection is automatic
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

5. What happens when land is sold that is growing crops?
criticism - use in satire - news report - use to educate
probable cause
crops is considered to be real property and should be considered in the sale of such property.
a physical or mental impairment that substantially limits one or more major life activities

6. Outcome of a unanimous guilty verdict?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
can appeal - subject to new trial
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

7. Larceny
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
criticism - use in satire - news report - use to educate
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
taking property away from the owner with the intent of permanently removing them of ownership

8. What is the determining issue when proving entrapment?
sufficient evidence
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

9. Robbery
this for that - sexual favors - general conduct however one incident is not enough
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
secondary meaning
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

10. What protection does the 8th amendment provide?
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
intent - delivery - acceptance
criticism - use in satire - news report - use to educate
prohibits excessive bail and fines - cruel and unusual punishment

11. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
sally would possess an easement in this case - the right to travel across property owner peter's land
taking property away from the owner with the intent of permanently removing them of ownership

12. Duress criminal defense
No - but if they find any other reason - like you have been late often than you'll probably get fired
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

13. The WARN act calls for what?
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
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
mistake of fact
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

14. What is not copyrightable?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
No - property gifts are common
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

15. How can you come to possess land through adverse possession?
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
members cannot give nationals favorable treatment
treble damages
cannot be tried again - no appeal

16. Reverse discrimination example firefighters
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
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
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

17. EEOC is responsible for doing what?
entry of a plea - guilty/ not guilty
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
key words of a website that are used for search engines
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

18. Strong Marks Case Example

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19. In order for a disability to be legally recognized what must exist?
reverse engineer - go through garbage..
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
record of such condition - being regarded as actually having a condition
streamlines and standardizes the processes for applying for a trademark abroad

20. Are compilation of facts copyrightable? case example
novel - useful - non obvious
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
distinctive decor - menu - style - service of an offering

21. What is a license considered to be in real property law?
secondary meaning
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
entry of a plea - guilty/ not guilty
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

22. Patent Requirements
novel - useful - non obvious
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
mistake of fact
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

23. Patents allow for the owner to?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
any party can terminate an employment arrangement at anytime no questions asked

24. Cybersquatting
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
secondary meaning
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

25. What is a Deed
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
document by which title to property is passed
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

26. Adverse possession
sexual harassment is protected under title 7 because it effects genders differently in the workplace
obtaining ownership by living on anothers property
voluntarily parted with at the time - but then later tries to find it
breaking into a residence with the intent of performing a felony. this is a crime against property.

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

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28. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
a deed that transfers interest in a life estate from one to another
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

29. Concurrent ownership
classic stone corp. owns a profit in gross - and cannot transfer this right to another
streamlines and standardizes the processes for applying for a trademark abroad
multiple owners of real or personal property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

30. Responsible corporate officer doctrine?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
members cannot give nationals favorable treatment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

31. KSR Internation V. Teleflex INC. regarding what is patentable?

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

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33. What protection does the 6th amendment provide?
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
probable cause
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

34. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
record of such condition - being regarded as actually having a condition
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
agreement permitting use of a trademark

35. Counterfeiting example? regarding punishment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a deed that transfers interest in a life estate from one to another
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
sally would possess an easement in this case - the right to travel across property owner peter's land

36. Facts to be used in the fair use standard are?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
sexual harassment is protected under title 7 because it effects genders differently in the workplace
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

37. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
reverse engineer - go through garbage..
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
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. Attorney client privilege accomplishes what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
it is a federal crime to use the us postal service to defraud others on false pretenses
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
No - but if they find any other reason - like you have been late often than you'll probably get fired

39. Joint tenancy
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

40. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the right to enter onto another persons property with the intentions of removing something valuable
entry of a plea - guilty/ not guilty
the corporation could have prevented such acts
signed by hundreds of countries that establishes standards for the international protection of intellectual property

41. How long is a trademark protected? is it renewable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
10 years and it is renewable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

42. Meta tags
key words of a website that are used for search engines
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

43. TRIPS agreement
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
reverse engineer - go through garbage..
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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

44. Dominion
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
intent - delivery - acceptance
ownership rights to property

45. Title VII protected categories?
process of hiding the source of illegally acquired funds
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
race - sex - national origin - color - religion

46. Fair use is limited to?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
this for that - sexual favors - general conduct however one incident is not enough
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

47. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
voluntarily parted with at the time - but then later tries to find it
classic stone corp. owns a profit in gross - and cannot transfer this right to another
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

48. How is the right to use a trademark determined?
sufficient evidence
property of one person rightfully in possession of another - custody
who has been using it first or filed for it first
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

49. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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
voluntarily parted with at the time - but then later tries to find it

50. What is retaliatory discharge?
reverse engineer - go through garbage..
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark