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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. Meta tag example about terri welles
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
any party can terminate an employment arrangement at anytime no questions asked

2. Discrimination during the hiring process is acceptable when?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
members cannot give nationals favorable treatment

3. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
secondary meaning
intent when attached and will item be damaged because of removal? hard to determine
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

4. In real property law who is considered to be the servient estate?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
entry of a plea - guilty/ not guilty
the property that is burdened by a profit

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

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6. Triple amount of damages definition
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
treble damages
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
mental state or intent part 2 of 2 for determining criminal liability

7. 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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

8. Drake V. Walton County regarding the county taking property
hours of employment - conditions - age of workers
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.
this for that - sexual favors - general conduct however one incident is not enough
it is a federal crime to use the us postal service to defraud others on false pretenses

9. What composes RICO?
any party can terminate an employment arrangement at anytime no questions asked
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

10. When property is found who gets property when it was abondoned?
the right to enter onto another persons property with the intentions of removing something valuable
intent when attached and will item be damaged because of removal? hard to determine
finder after obtaining a title
probable cause

11. License in trademark law?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
agreement permitting use of a trademark
probable cause

12. What is a Deed
document by which title to property is passed
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

13. In order to receive protection under the family medical leave act - one must?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
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

14. Collective mark
10 years and it is renewable
must effectively try to acquire protection as well as keep the secret
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
used by members of a cooperative organization to certify the quality of service or product

15. What is retaliatory discharge?
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.
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

16. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
it rewards citizens for putting land to good use rather than just sitting on expanses of property

17. What is the result of a mistrial or a hung jury?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
this for that - sexual favors - general conduct however one incident is not enough

18. Bailments are?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
property of one person rightfully in possession of another - custody
classic stone corp. owns a profit in gross - and cannot transfer this right to another
multiple owners of real or personal property

19. Trademark dilution
sufficient evidence
another persons right to make limited use of another persons real property without taking anything away from the 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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

20. Mislaid property
voluntarily parted with at the time - but then later tries to find it
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
distinctive decor - menu - style - service of an offering

21. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
hours of employment - conditions - age of workers
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

22. Responsible corporate officer doctrine?
obtaining ownership by living on anothers property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
owner of premise where it was found - after good title is acquired

23. Example of an exception to the at will doctrine based on contract theory
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

24. What are the requirements for making a gift an effective transfer of ownership?
secondary meaning
intent - delivery - acceptance
first person to invent not file for 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

25. 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?
prohibits excessive bail and fines - cruel and unusual punishment
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
multiple owners of real or personal property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

26. What is an easement by prescription?
No - they are considered to be goods and is governed by the uniform commercial code
taking property away from the owner with the intent of permanently removing them of ownership
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
process of hiding the source of illegally acquired funds

27. How is the right to use a trademark determined?
record of such condition - being regarded as actually having a condition
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
who has been using it first or filed for it first

28. Commercial bribery example
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
offering someone who works at a different firm money for their trade secrets

29. Reverse discrimination example firefighters
this for that - sexual favors - general conduct however one incident is not enough
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
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
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. Reasonable accommodation requirements by the ADA
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
process of hiding the source of illegally acquired funds
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

31. Are commercial flights permitted to fly over private property?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
reverse engineer - go through garbage..
20 years from filing
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

32. Remedies for patent infringement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
multiple owners of real or personal property
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

33. Are crops real property when they are sold?
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
No - they are considered to be goods and is governed by the uniform commercial code
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

34. 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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35. Tenancy in common
record of such condition - being regarded as actually having a condition
voluntarily parted with at the time - but then later tries to find it
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prohibits excessive bail and fines - cruel and unusual punishment

36. Special Bailments
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
key words of a website that are used for search engines
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
secondary meaning

37. Significance of coca-cola V. koke Co of America
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
document by which title to property is passed

38. What is a conveyance?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
a deed that transfers interest in a life estate from one to another

39. Estray statutes encourage what?
reverse engineer - go through garbage..
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

40. Copyright requirements
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
test is originality - lasts life of creator - protection is automatic
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

41. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
finder after obtaining a title

42. Indictment requires
must effectively try to acquire protection as well as keep the secret
generally the use of a software to perform a job or deliver product
multiple owners of real or personal property
sufficient evidence

43. What is a license considered to be in real property law?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the corporation could have prevented such acts
any party can terminate an employment arrangement at anytime no questions asked

44. Embezzlement
sally would possess an easement in this case - the right to travel across property owner peter's land
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
fraudulent miss-use of funds that have been entrusted to them
entry of a plea - guilty/ not guilty

45. How can someone legally acquire trade secrets?
obtaining ownership by living on anothers property
reverse engineer - go through garbage..
a deed that transfers interest in a life estate from one to another
test is originality - lasts life of creator - protection is automatic

46. The madrid protocol accomplishes what?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
taking property away from the owner with the intent of permanently removing them of ownership
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
streamlines and standardizes the processes for applying for a trademark abroad

47. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
probable cause

48. Service mark
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
20 years from filing
criminal defense stating that a crime was necessary in preventing an even greater crime

49. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

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?
generally the use of a software to perform a job or deliver product
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
given exclusive possession and control over property - and knowingly accept responsibility