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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.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

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. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the property that will benefit from a profit
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

2. Certification mark
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

3. Remedies for patent infringement
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
must effectively try to acquire protection as well as keep the secret
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

4. Collective mark
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
taking property away from the owner with the intent of permanently removing them of ownership
used by members of a cooperative organization to certify the quality of service or product

5. Responsible corporate officer doctrine?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sexual harassment is protected under title 7 because it effects genders differently in the workplace
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

6. The WARN act calls for what?
cannot be tried again - no appeal
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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

7. What kind of mistake can be used as criminal defense?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
mistake of fact
distinctive decor - menu - style - service of an offering
conditional gifts that are only accepted upon the performance of marriage

8. Title VII protected categories?
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
criticism - use in satire - news report - use to educate
race - sex - national origin - color - religion

9. Requirements of a bailement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
given exclusive possession and control over property - and knowingly accept responsibility
property of one person rightfully in possession of another - custody

10. Special Bailments
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
members cannot give nationals favorable treatment
sufficient evidence
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

11. Fair use doctrine
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
allows for use of copyrighted material under certain guidelines
secondary meaning
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

12. What is not copyrightable?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
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

13. Gold club corporate criminal liability example?
test is originality - lasts life of creator - protection is automatic
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
voluntarily parted with at the time - but then later tries to find it

14. What is can be considered trade dress?
prohibits excessive bail and fines - cruel and unusual punishment
fraudulent miss-use of funds that have been entrusted to them
distinctive decor - menu - style - service of an offering
a physical or mental impairment that substantially limits one or more major life activities

15. What could be considered as sexual harassment in the work place
given exclusive possession and control over property - and knowingly accept responsibility
secondary meaning
this for that - sexual favors - general conduct however one incident is not enough
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

16. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
finder after obtaining a title
criminal defense stating that a crime was necessary in preventing an even greater crime
the corporation could have prevented such acts
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

17. Cybersquatting
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
process of hiding the source of illegally acquired funds
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

18. What composes RICO?
owners of secret must try and protect - destroy garbage
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
breaking into a residence with the intent of performing a felony. this is a crime against property.

19. Reverse discrimination example firefighters
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
any party can terminate an employment arrangement at anytime no questions asked

20. What are the requirements for adverse possession to be recognized?
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
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
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 physical or mental impairment that substantially limits one or more major life activities

21. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
entry of a plea - guilty/ not guilty
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 property that will benefit from a profit

22. When property is found who gets property when it was abondoned?
finder after obtaining a title
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
secondary meaning
given exclusive possession and control over property - and knowingly accept responsibility

23. Generic terms can never have?
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace
owner of premise where it was found - after good title is acquired
another persons right to make limited use of another persons real property without taking anything away from the property

24. Trademarks are good for? are they renewable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable
the right to enter onto another persons property with the intentions of removing something valuable

25. What is a profit under real property law?
agreement permitting use of a trademark
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
the right to enter onto another persons property with the intentions of removing something valuable

26. Steps to determining trademark infringement?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
members cannot give nationals favorable treatment
agreement permitting use of a trademark
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

27. Possible ruling interpretations for accession cases
key words of a website that are used for search engines
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
reverse engineer - go through garbage..
record of such condition - being regarded as actually having a condition

28. Bailments are?
probable cause
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
property of one person rightfully in possession of another - custody

29. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

30. Outcome of unanimous not guilty?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
ownership rights to property
cannot be tried again - no appeal

31. How long are patents protected?
allows for use of copyrighted material under certain guidelines
20 years from filing
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

32. What protection does the 8th amendment provide?
mental state or intent part 2 of 2 for determining criminal liability
offering someone who works at a different firm money for their trade secrets
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
prohibits excessive bail and fines - cruel and unusual punishment

33. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
offering someone who works at a different firm money for their trade secrets
prohibits excessive bail and fines - cruel and unusual punishment
given exclusive possession and control over property - and knowingly accept responsibility

34. Example of an exception to the at will doctrine based on contract theory
conditional gifts that are only accepted upon the performance of marriage
voluntarily parted with at the time - but then later tries to find it
intent when attached and will item be damaged because of removal? hard to determine
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 retaliatory discharge?
treble damages
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

36. Mistake of fact criminal defense example

37. Do Deeds require consideration to be valid?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
No - property gifts are common
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

38. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
owner of premise where it was found - after good title is acquired
fraudulent miss-use of funds that have been entrusted to them
streamlines and standardizes the processes for applying for a trademark abroad

39. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
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
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

40. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
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
20 years from filing

41. In the united states who gets the patent if there is a conflict?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
first person to invent not file for patent
signed by hundreds of countries that establishes standards for the international protection of intellectual property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

42. Triple amount of damages definition
treble damages
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

43. Candyland example?
voluntarily parted with at the time - but then later tries to find it
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
probable cause

44. The Berne Convention
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

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

46. In real property law who is considered to be the servient estate?
allows for use of copyrighted material under certain guidelines
10 years and it is renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the property that is burdened by a profit

47. 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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

48. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
secondary meaning

49. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

50. 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?
birth - child placement - employee health - care for spouse - child - or parent - military duty
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
document by which title to property is passed