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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. Tenancy by the entirety - or community ownership
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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 marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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

2. Dominion
sally would possess an easement in this case - the right to travel across property owner peter's land
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
ownership rights to property

3. What must a deed possess to be valid?

4. What is a covenant of quiet enjoyment?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
a warranty that the buyer will not be disturbed in their possession of the land
secondary meaning

5. What is retaliatory discharge?
birth - child placement - employee health - care for spouse - child - or parent - military duty
ownership rights to property
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

6. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

7. The EEOC requires that victims do what before they hold employers liable?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
another persons right to make limited use of another persons real property without taking anything away from the property
property of one person rightfully in possession of another - custody

8. Remedies for patent infringement
given exclusive possession and control over property - and knowingly accept responsibility
members cannot give nationals favorable treatment
sally would possess an easement in this case - the right to travel across property owner peter's land
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

9. Derivative work
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

10. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
key words of a website that are used for search engines
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
another persons right to make limited use of another persons real property without taking anything away from the property

11. What is a warranty deed?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

12. Joint tenancy
probable cause
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

13. How is the right to use a trademark determined?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
who has been using it first or filed for it first
cannot be tried again - no appeal

14. Drake V. Walton County regarding the county taking property
breaking into a residence with the intent of performing a felony. this is a crime against 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
crops is considered to be real property and should be considered in the sale of such property.
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.

15. Outcome of unanimous not guilty?
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
taking property away from the owner with the intent of permanently removing them of ownership
cannot be tried again - no appeal
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

16. How can you come to possess land through adverse possession?
key words of a website that are used for search engines
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
owner of premise where it was found - after good title is acquired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

17. Trademark dilution
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
treble damages
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.
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

18. 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
No - property gifts are common
owners of secret must try and protect - destroy garbage
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

19. What is a Deed
members cannot give nationals favorable treatment
document by which title to property is passed
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
this for that - sexual favors - general conduct however one incident is not enough

20. Engagement rings are considered to be?
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
conditional gifts that are only accepted upon the performance of marriage
10 years and it is renewable
prohibits excessive bail and fines - cruel and unusual punishment

21. How are trade secrets treated and protected?
10 year period renewable
owners of secret must try and protect - destroy garbage
who has been using it first or filed for it first
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

22. Arraignment is what?
entry of a plea - guilty/ not guilty
process of hiding the source of illegally acquired funds
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

23. What happens when land is sold that is growing crops?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
crops is considered to be real property and should be considered in the sale of such property.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
another persons right to make limited use of another persons real property without taking anything away from the property

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

25. Burglary
10 years and it is renewable
key words of a website that are used for search engines
breaking into a residence with the intent of performing a felony. this is a crime against property.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

26. What is a job offer?
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
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
hours of employment - conditions - age of workers
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

27. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
used by members of a cooperative organization to certify the quality of service or product

28. Sambucks vs. starbucks
another persons right to make limited use of another persons real property without taking anything away from the property
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
it is a federal crime to use the us postal service to defraud others on false pretenses
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

29. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
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
document by which title to property is passed
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

30. Fair use is limited to?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
intent - delivery - acceptance
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

31. Indictment requires
reverse engineer - go through garbage..
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
sufficient evidence

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

33. Examples of collective marks
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
a warranty that the buyer will not be disturbed in their possession of the land
No - but if they find any other reason - like you have been late often than you'll probably get fired

34. Candyland example?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
No - they are considered to be goods and is governed by the uniform commercial code
test is originality - lasts life of creator - protection is automatic
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

35. What are the requirements for making a gift an effective transfer of ownership?
allows for use of copyrighted material under certain guidelines
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
intent - delivery - acceptance

36. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

37. What is an implied warranty of habitability?
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
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
the property that will benefit from a profit
multiple owners of real or personal property

38. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
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
intent when attached and will item be damaged because of removal? hard to determine
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

39. Money laundering
process of hiding the source of illegally acquired funds
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.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
10 years and it is renewable

40. What composes RICO?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
prohibits excessive bail and fines - cruel and unusual punishment
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

41. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
it rewards citizens for putting land to good use rather than just sitting on expanses of property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

42. Arrest requires
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
offering someone who works at a different firm money for their trade secrets
the right to enter onto another persons property with the intentions of removing something valuable
probable cause

43. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

44. Generic terms can never have?
secondary meaning
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
agreement permitting use of a trademark
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

45. When property is found that was mislaid who owns it?
intent - delivery - acceptance
generally the use of a software to perform a job or deliver product
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
owner of premise where it was found - after good title is acquired

46. In order to prove discrimination in hiring one has to prove?
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
multiple owners of real or personal property
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
secondary meaning

47. What composes an 'at will doctrine'
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
any party can terminate an employment arrangement at anytime no questions asked
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

48. In order for a disability to be legally recognized what must exist?
entry of a plea - guilty/ not guilty
No - they are considered to be goods and is governed by the uniform commercial code
finder after obtaining a title
record of such condition - being regarded as actually having a condition

49. What is not copyrightable?
birth - child placement - employee health - care for spouse - child - or parent - military duty
a warranty that the buyer will not be disturbed in their possession of the land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

50. 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
multiple owners of real or personal property
test is originality - lasts life of creator - protection is automatic