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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. The EEOC requires that victims do what before they hold employers liable?
criticism - use in satire - news report - use to educate
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
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
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

2. How can someone legally acquire trade secrets?
offering someone who works at a different firm money for their trade secrets
reverse engineer - go through garbage..
the right to enter onto another persons property with the intentions of removing something valuable
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

3. Adverse possession
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
obtaining ownership by living on anothers property
voluntarily parted with at the time - but then later tries to find it
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

4. TRIPS agreement
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the property that is burdened by a profit
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

5. The Berne Convention
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

6. Determining disability regarding with and without equipment?
crops is considered to be real property and should be considered in the sale of such property.
No - they are considered to be goods and is governed by the uniform commercial code
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
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

7. Sexual harassment is treated as what?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a deed that transfers interest in a life estate from one to another
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

8. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
multiple owners of real or personal property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
10 year period renewable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

9. Members of the TRIPS agreement cannot do what?
agreement permitting use of a trademark
document by which title to property is passed
another persons right to make limited use of another persons real property without taking anything away from the property
members cannot give nationals favorable treatment

10. 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?
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
mistake of fact
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

11. Napster example?
can appeal - subject to new trial
it is a federal crime to use the us postal service to defraud others on false pretenses
agreement permitting use of a trademark
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

12. Arrest requires
it rewards citizens for putting land to good use rather than just sitting on expanses of property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
probable cause

13. Americans with disabilities act accomplishes what?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
cannot be tried again - no appeal
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

14. In real property law who is considered to be the dominant estate?
cannot be tried again - no appeal
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
the property that will benefit from a profit

15. Steps to determining trademark infringement?
20 years from filing
secondary meaning
mistake of fact
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. Facts to be used in the fair use standard are?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
it is a federal crime to use the us postal service to defraud others on false pretenses
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

17. Fair use is limited to?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
race - sex - national origin - color - religion
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

18. License in trademark law?
agreement permitting use of a trademark
20 years from filing
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

19. 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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mental state or intent part 2 of 2 for determining criminal liability
given exclusive possession and control over property - and knowingly accept responsibility

20. How can you come to possess land through adverse possession?
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
distinctive decor - menu - style - service of an offering
No - they are considered to be goods and is governed by the uniform commercial code
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

21. Dominion
crops is considered to be real property and should be considered in the sale of such property.
the property that is burdened by a profit
ownership rights to property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

22. Title VII prevents discrimination in?

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23. Generic terms can never have?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
secondary meaning

24. What is a Deed
document by which title to property is passed
distinctive decor - menu - style - service of an offering
10 years and it is renewable
secondary meaning

25. What is legally a disability?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
taking property away from the owner with the intent of permanently removing them of ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a physical or mental impairment that substantially limits one or more major life activities

26. Do Deeds require consideration to be valid?
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
No - property gifts are common
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

27. Is it a fixture?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
a physical or mental impairment that substantially limits one or more major life activities
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
intent when attached and will item be damaged because of removal? hard to determine

28. Concurrent ownership
race - sex - national origin - color - religion
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
secondary meaning
multiple owners of real or personal property

29. Outcome of a unanimous guilty verdict?
record of such condition - being regarded as actually having a condition
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
can appeal - subject to new trial

30. What is a job offer?
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
10 years and it is renewable
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

31. The madrid protocol accomplishes what?
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
streamlines and standardizes the processes for applying for a trademark abroad
sufficient evidence
secondary meaning

32. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
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
cannot be tried again - no appeal

33. Country club case
it is a federal crime to use the us postal service to defraud others on false pretenses
sally would possess an easement in this case - the right to travel across property owner peter's land
used by members of a cooperative organization to certify the quality of service or product
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

34. What are some criminal defenses
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
10 years and it is renewable

35. Certification mark
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
10 year period renewable

36. Money laundering
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
intent - delivery - acceptance
process of hiding the source of illegally acquired funds
No - they are considered to be goods and is governed by the uniform commercial code

37. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
breaking into a residence with the intent of performing a felony. this is a crime against property.
the corporation could have prevented such acts
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

38. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
this for that - sexual favors - general conduct however one incident is not enough
process of hiding the source of illegally acquired funds
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

39. Age discrimination achieves what?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
document by which title to property is passed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

40. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
the property that will benefit from a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
10 years and it is renewable

41. Reasonable accommodation requirements by the ADA
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
mental state or intent part 2 of 2 for determining criminal liability

42. What uses fall under the fair use doctrine?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the corporation could have prevented such acts
criticism - use in satire - news report - use to educate
record of such condition - being regarded as actually having a condition

43. Mislaid property
secondary meaning
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
probable cause
voluntarily parted with at the time - but then later tries to find it

44. Requirements of a bailement
race - sex - national origin - color - religion
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
agreement permitting use of a trademark
given exclusive possession and control over property - and knowingly accept responsibility

45. Darst V. Interstate Brands Corp. regarding family and medical leave rights
a physical or mental impairment that substantially limits one or more major life activities
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
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 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

46. Embezzlement
10 year period renewable
fraudulent miss-use of funds that have been entrusted to them
the corporation could have prevented such acts
sally would possess an easement in this case - the right to travel across property owner peter's land

47. Example of an exception to the at will doctrine based on contract theory
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
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

48. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
prohibits excessive bail and fines - cruel and unusual punishment
record of such condition - being regarded as actually having a condition
multiple owners of real or personal property

49. Mistake of fact criminal defense example

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50. Workers comp and negligence

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