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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. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
agreement permitting use of a trademark
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

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

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3. Example of an exception to the at will doctrine based on tort theory
conditional gifts that are only accepted upon the performance of marriage
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
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
finder after obtaining a title

4. 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
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

5. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
cannot be tried again - no appeal
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

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

7. How can someone legally acquire trade secrets?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
reverse engineer - go through 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

8. Estray statutes encourage what?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
distinctive decor - menu - style - service of an offering
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

9. Country club case
voluntarily parted with at the time - but then later tries to find it
criticism - use in satire - news report - use to educate
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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

10. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
reverse engineer - go through garbage..
prohibits excessive bail and fines - cruel and unusual punishment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

11. Drake V. Walton County regarding the county taking 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.
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
mistake of fact

12. Workers comp and negligence

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13. 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
treble damages
the corporation could have prevented such acts
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

14. How are trade secrets treated and protected?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
owners of secret must try and protect - destroy garbage
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

15. Secondary Meaning Example frosty treats
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
entry of a plea - guilty/ not guilty

16. Counterfeiting example? regarding punishment
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
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
secondary meaning
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

17. In order for a disability to be legally recognized what must exist?
offering someone who works at a different firm money for their trade secrets
record of such condition - being regarded as actually having a condition
voluntarily parted with at the time - but then later tries to find it
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

18. What uses fall under the fair use doctrine?
distinctive decor - menu - style - service of an offering
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
criticism - use in satire - news report - use to educate

19. Triple amount of damages definition
treble damages
taking property away from the owner with the intent of permanently removing them of ownership
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
another persons right to make limited use of another persons real property without taking anything away from the property

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

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21. 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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
mental state or intent part 2 of 2 for determining criminal liability
work for a company with more than 50 employees - employed for a year - and must try to give notice

22. Meta tags
fraudulent miss-use of funds that have been entrusted to them
ownership rights to property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
key words of a website that are used for search engines

23. The EEOC requires that victims do what before they hold employers liable?
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
ownership rights to property
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
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

24. 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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
birth - child placement - employee health - care for spouse - child - or parent - military duty

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

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26. Attorney client privilege accomplishes what?
a warranty that the buyer will not be disturbed in their possession of the land
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

27. Duress criminal defense
race - sex - national origin - color - religion
the corporation could have prevented such acts
20 years from filing
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

28. Determining disability regarding with and without equipment?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the corporation could have prevented such acts
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

29. What is Actus Reus
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
crops is considered to be real property and should be considered in the sale of such property.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

30. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
birth - child placement - employee health - care for spouse - child - or parent - military duty
taking property away from the owner with the intent of permanently removing them of ownership
another persons right to make limited use of another persons real property without taking anything away from the property

31. Candyland example?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

32. Example of an exception to the at will doctrine based on contract theory
10 year period renewable
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

33. What is a job offer?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

34. Are crops real property when they are sold?
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 - they are considered to be goods and is governed by the uniform commercial code
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
birth - child placement - employee health - care for spouse - child - or parent - military duty

35. Burglary
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
criminal defense stating that a crime was necessary in preventing an even greater crime
the right to enter onto another persons property with the intentions of removing something valuable
breaking into a residence with the intent of performing a felony. this is a crime against property.

36. Trademark dilution
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a physical or mental impairment that substantially limits one or more major life activities
ownership rights to property
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

37. Robbery
No - but if they find any other reason - like you have been late often than you'll probably get fired
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a physical or mental impairment that substantially limits one or more major life activities
used by members of a cooperative organization to certify the quality of service or product

38. How can you come to possess land through adverse possession?
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

39. Tenancy in common
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
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

40. Patent Requirements
generally the use of a software to perform a job or deliver product
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
10 years and it is renewable
novel - useful - non obvious

41. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
ownership rights to property
No - property gifts are common
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

42. What is the determining issue when proving entrapment?
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
the right to enter onto another persons property with the intentions of removing something valuable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
20 years from filing

43. What is the purpose of the adverse possession doctrine?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owner of premise where it was found - after good title is acquired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
it rewards citizens for putting land to good use rather than just sitting on expanses of property

44. 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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
obtaining ownership by living on anothers property
No - but if they find any other reason - like you have been late often than you'll probably get fired

45. 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?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace

46. What could be considered as sexual harassment in the work place
document by which title to property is passed
this for that - sexual favors - general conduct however one incident is not enough
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
multiple owners of real or personal property

47. Arraignment is what?
ownership rights to property
entry of a plea - guilty/ not guilty
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

48. Fair labor standards act covers issues such as?
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
hours of employment - conditions - age of workers
document by which title to property is passed
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

49. Mail fraud act example senator?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
owners of secret must try and protect - destroy garbage

50. In the united states who gets the patent if there is a conflict?
criticism - use in satire - news report - use to educate
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
fraudulent miss-use of funds that have been entrusted to them
first person to invent not file for patent