Business Law Yale

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• 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. In real property law who is considered to be the servient estate?
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that is burdened by a profit
used by members of a cooperative organization to certify the quality of service or product
taking property away from the owner with the intent of permanently removing them of ownership


2. What is can be considered trade dress?
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
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
distinctive decor - menu - style - service of an offering


3. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
can appeal - subject to new trial
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


4. Title VII protected categories?
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
document by which title to property is passed
race - sex - national origin - color - religion
a deed that transfers interest in a life estate from one to another


5. What composes an 'at will doctrine'
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
owners of secret must try and protect - destroy garbage
sexual harassment is protected under title 7 because it effects genders differently in the workplace
any party can terminate an employment arrangement at anytime no questions asked


6. What is Actus Reus
race - sex - national origin - color - religion
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


7. Facts to be used in the fair use standard are?
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
20 years from filing
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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


8. Sambucks vs. starbucks
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
entry of a plea - guilty/ not guilty
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


9. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the corporation could have prevented such acts
owner of premise where it was found - after good title is acquired
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


10. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
10 year period renewable
secondary meaning
must effectively try to acquire protection as well as keep the secret


11. Adverse possession
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
obtaining ownership by living on anothers property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


12. Possible ruling interpretations for accession cases
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
prohibits excessive bail and fines - cruel and unusual punishment
crops is considered to be real property and should be considered in the sale of such property.
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


13. What protection does the 8th amendment provide?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
prohibits excessive bail and fines - cruel and unusual punishment
ownership rights to property


14. What are strong Marks?
a deed that transfers interest in a life estate from one to another
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


15. The madrid protocol accomplishes what?
novel - useful - non obvious
streamlines and standardizes the processes for applying for a trademark abroad
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
obtaining ownership by living on anothers property


16. What is retaliatory discharge?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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


17. Example of an exception to the at will doctrine based on tort theory
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
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
secondary meaning
it rewards citizens for putting land to good use rather than just sitting on expanses of property


18. What determines likeliness of confusion?
treble damages
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
reverse engineer - go through garbage..


19. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


20. 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?
secondary meaning
classic stone corp. owns a profit in gross - and cannot transfer this right to another
mental state or intent part 2 of 2 for determining criminal liability
crops is considered to be real property and should be considered in the sale of such property.


21. What is the purpose of the adverse possession doctrine?
test is originality - lasts life of creator - protection is automatic
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
it rewards citizens for putting land to good use rather than just sitting on expanses of property
arises when customers begin to associate a specific term or phrase with specific trademarked items


22. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
generally the use of a software to perform a job or deliver product
intent - delivery - acceptance
the corporation could have prevented such acts
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


23. 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?

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24. What is a license considered to be in real property law?
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
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
allows for use of copyrighted material under certain guidelines


25. Reverse discrimination example firefighters
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
sally would possess an easement in this case - the right to travel across property owner peter's land
arises when customers begin to associate a specific term or phrase with specific trademarked items
intent - delivery - acceptance


26. Mistake of fact criminal defense example

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27. Members of the TRIPS agreement cannot do what?
intent - delivery - acceptance
property of one person rightfully in possession of another - custody
members cannot give nationals favorable treatment
who has been using it first or filed for it first


28. What are some criminal defenses
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
streamlines and standardizes the processes for applying for a trademark abroad
allows for use of copyrighted material under certain guidelines


29. Gold club corporate criminal liability example?
race - sex - national origin - color - religion
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


30. When property is found who gets property when it was abondoned?
taking property away from the owner with the intent of permanently removing them of ownership
finder after obtaining a title
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
mental state or intent part 2 of 2 for determining criminal liability


31. Copyright requirements
test is originality - lasts life of creator - protection is automatic
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
a warranty that the buyer will not be disturbed in their possession of the land
the property that is burdened by a profit


32. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
secondary meaning


33. Meta tags
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
20 years from filing
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


34. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
No - they are considered to be goods and is governed by the uniform commercial code
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


35. What is a Deed
10 year period renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
distinctive decor - menu - style - service of an offering
document by which title to property is passed


36. How is the right to use a trademark determined?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the property that will benefit from a profit
who has been using it first or filed for it first
reverse engineer - go through garbage..


37. Steps to determining trademark infringement?
a warranty that the buyer will not be disturbed in their possession of the land
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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


38. Under the americans with disabilities act - when can a disability be discussed?

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39. Strong Marks Case Example

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40. What are the requirements for making a gift an effective transfer of ownership?
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
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
intent - delivery - acceptance
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


41. How long are patents protected?
generally the use of a software to perform a job or deliver product
20 years from filing
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
10 year period renewable


42. TRIPS agreement
a warranty that the buyer will not be disturbed in their possession of the land
members cannot give nationals favorable treatment
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
signed by hundreds of countries that establishes standards for the international protection of intellectual property


43. License in trademark law?
agreement permitting use of a trademark
this for that - sexual favors - general conduct however one incident is not enough
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
conditional gifts that are only accepted upon the performance of marriage


44. Requirements of a bailement
conditional gifts that are only accepted upon the performance of marriage
given exclusive possession and control over property - and knowingly accept responsibility
sufficient evidence
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


45. What composes RICO?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
10 years and it is renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


46. Service mark
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


47. EEOC is responsible for doing what?
members cannot give nationals favorable treatment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
secondary meaning


48. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
who has been using it first or filed for it first
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
probable cause


49. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


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

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