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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. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
this for that - sexual favors - general conduct however one incident is not enough
distinctive decor - menu - style - service of an offering
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

2. Do Deeds require consideration to be valid?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
No - property gifts are common
ownership rights to property

3. Arrest requires
probable cause
secondary meaning
fraudulent miss-use of funds that have been entrusted to them
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

4. Larceny
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
taking property away from the owner with the intent of permanently removing them of ownership

5. How can someone legally acquire trade secrets?
this for that - sexual favors - general conduct however one incident is not enough
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
reverse engineer - go through garbage..

6. When property is found that was mislaid who owns it?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
owner of premise where it was found - after good title is acquired

7. Money laundering
a physical or mental impairment that substantially limits one or more major life activities
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
process of hiding the source of illegally acquired funds
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

8. What is a Deed
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
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
document by which title to property is passed
distinctive decor - menu - style - service of an offering

9. Is it a fixture?
allows for use of copyrighted material under certain guidelines
intent when attached and will item be damaged because of removal? hard to determine
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
criticism - use in satire - news report - use to educate

10. Secondary Meaning Example frosty treats
hours of employment - conditions - age of workers
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
fraudulent miss-use of funds that have been entrusted to them

11. Discrimination during the hiring process is acceptable when?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

12. In the united states who gets the patent if there is a conflict?
ownership rights to property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
first person to invent not file for patent
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

13. In real property law who is considered to be the servient estate?
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.
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the property that is burdened by a profit
can appeal - subject to new trial

14. What is retaliatory discharge?
allows for use of copyrighted material under certain guidelines
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

15. Concurrent ownership
multiple owners of real or personal property
treble damages
10 year period renewable
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

16. The Berne Convention
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning

17. Patent Requirements
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
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
secondary meaning
novel - useful - non obvious

18. Reasonable accommodation requirements by the ADA
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
given exclusive possession and control over property - and knowingly accept responsibility

19. What is can be considered trade dress?
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
criminal defense stating that a crime was necessary in preventing an even greater 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

20. Mail Fraud Act of 1990 is what?
distinctive decor - menu - style - service of an offering
it is a federal crime to use the us postal service to defraud others on false pretenses
finder after obtaining a title
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

21. License in trademark law?
mistake of fact
who has been using it first or filed for it first
prohibits excessive bail and fines - cruel and unusual punishment
agreement permitting use of a trademark

22. What is an easement by implication?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
the right to enter onto another persons property with the intentions of removing something valuable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

23. When property is found who gets property when it was abondoned?
any party can terminate an employment arrangement at anytime no questions asked
finder after obtaining a title
key words of a website that are used for search engines
process of hiding the source of illegally acquired funds

24. Country club case
the corporation could have prevented such acts
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
first person to invent not file for patent
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

25. Are crops real property when they are sold?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
No - they are considered to be goods and is governed by the uniform commercial code
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

26. Attorney client privilege accomplishes 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
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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

27. What protection does the 8th amendment provide?
secondary meaning
entry of a plea - guilty/ not guilty
document by which title to property is passed
prohibits excessive bail and fines - cruel and unusual punishment

28. Service mark
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

29. Steps to determining trademark infringement?
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
another persons right to make limited use of another persons real property without taking anything away from the property
cannot be tried again - no appeal
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

30. Determining disability regarding with and without equipment?
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
probable cause
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
who has been using it first or filed for it first

31. Generic terms can never have?
a warranty that the buyer will not be disturbed in their possession of the land
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
offering someone who works at a different firm money for their trade secrets
secondary meaning

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

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33. 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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
must effectively try to acquire protection as well as keep the secret
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

34. Employers should handle hostile environments regarding protected members of title 7 by?
any party can terminate an employment arrangement at anytime no questions asked
signed by hundreds of countries that establishes standards for the international protection of intellectual property
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

35. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
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
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 one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

36. Bailments are?
property of one person rightfully in possession of another - custody
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
probable cause
No - property gifts are common

37. What is a license considered to be in real property law?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
intent - delivery - acceptance
owner of premise where it was found - after good title is acquired
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

38. Patents allow for the owner to?
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
criticism - use in satire - news report - use to educate
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
20 years from filing

39. What is an implied warranty of habitability?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the property that will benefit from a profit
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

40. Outcome of unanimous not guilty?
cannot be tried again - no appeal
the right to enter onto another persons property with the intentions of removing something valuable
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

41. Derivative work
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
treble damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

42. Mislaid property
voluntarily parted with at the time - but then later tries to find it
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

43. Responsible corporate officer doctrine?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
owners of secret must try and protect - destroy garbage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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

44. What uses fall under the fair use doctrine?
property of one person rightfully in possession of another - custody
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
criticism - use in satire - news report - use to educate
the property that will benefit from a profit

45. Age discrimination achieves what?
owner of premise where it was found - after good title is acquired
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

46. Strong Marks Case Example

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47. Title VII prevents discrimination in?

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48. Facts to be used in the fair use standard are?
owners of secret must try and protect - destroy garbage
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
conditional gifts that are only accepted upon the performance of marriage
process of hiding the source of illegally acquired funds

49. Example of an exception to the at will doctrine based on tort theory
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

50. Fair labor standards act covers issues such as?
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
hours of employment - conditions - age of workers
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
entry of a plea - guilty/ not guilty