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legal business
quiz
| Question | Answer |
|---|---|
| What is a trademark? | A distinctive word, symbol, or design that identifies and distinguishes a company's products from those of others. Must be distinctive and used in commerce. Trademark infringement occurs when using a mark likely to cause consumer confusion, based on the " |
| What are the categories of trademark distinctiveness from strongest to weakest? | The distinctiveness spectrum includes: 1. Fanciful/Arbitrary (strongest) - "Kodak, Apple" for computers, 2. Suggestive, 3. Descriptive (requires secondary meaning), 4. Generic (no protection) - "Computer" for computers. |
| What is patent infringement? | Making, using, selling, or importing a patent invention without permission from the patent holder. The first-inventor-to-file rule dictates that the patent goes to the first person to file the application, regardless of who invented first. |
| How long does copyright protection last for an individual author's work? | For individual authors: Life of the author plus 70 years. This includes the creative expression and doesn’t have a defined expiration date. |
| What is the core principle behind the First Sale Doctrine? | Once a copyrighted work is lawfully sold, the buyer can resell or dispose of that particular copy without permission, but cannot reproduce it. This ensures a limited number of copies circulate. |
| What are the three elements a plaintiff must prove to establish copyright infringement? | A plaintiff must prove (1) ownership of a valid copyright, (2) Defendant had access to the work, and (3) Substantial similarity between the works. |
| What are the three main exceptions to employment at will? | The three main exceptions are the Public Policy Exception, the Implied Contract Exception, and the Implied Covenant of Good Faith Exception. |
| What does the Fair Labor Standards Act (FLSA) regulate regarding employee compensation? | The FLSA regulates federal minimum wage, overtime pay (time-and-a-half for hours over 40/week), and record-keeping standards. |
| What is the purpose of the Family and Medical Leave Act (FMLA)? | FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualified family and medical reasons. |
| What does ERISA regulate? | ERISA regulates private employer pension and benefit plans. It sets minimum standards for participation, vesting, funding, and fiduciary responsibilities. |
| When is workplace drug testing permitted? | Workplace drug testing is generally legal for private employers if it’s reasonable, applied consistently, with notice, and particularly for safety-sensitive positions. |
| What does Form I-9 primarily do? | Form I-9 is an employment eligibility verification form that employers must complete for all new hires within 3 days of hire, verifying identity and work authorization. |
| What are the mandatory subjects covered by a collective bargaining agreement? | Wages, hours, overtime, holidays, vacations, health insurance, pension benefits, grievance procedures, seniority, discipline, and other terms/conditions of employment. |
| What does Title VII of the Civil Rights Act prohibit? | Employment discrimination based on race, color, religion, sex (including pregnancy), and national origin. Applies to employers with 15+ employees. |
| What is the first step an employee must take before filing a lawsuit under Title VII? | File a charge with the EEOC within 180 days (or 300 days in states with fair employment agencies) of discriminatory act. Must receive a 'right to sue' letter before filing a lawsuit. |
| What is a prima facie case of discrimination? | Prima facie case of discrimination: (1) Member of protected class, (2) Qualified for position, (3) Adverse employment action, (4) Replaced by someone outside protected class or treated differently. |
| What constitutes sexual harassment? | Sexual harassment constitutes: Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of sexual nature that affects employment. Includes quid pro quo and hostile environment. |
| What is the reasonable person standard in harassment? | The reasonable person standard in harassment: Would a reasonable person in victim's position find the conduct hostile or abusive? Uses objective standard considering totality of circumstances. |
| What does the Pregnancy Discrimination Act prohibit? | Pregnancy Discrimination Act prohibits discrimination based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnancy like other temporary disabilities. |
| What defines a ‘qualified individual with a disability’ under the ADA? | A qualified individual with a disability is someone who can perform essential functions of a job with or without a reasonable accommodation. |
| What constitutes an ‘undue hardship’ under the ADA? | An undue hardship is defined as a ‘significant difficulty or expense that would fundamentally alter the nature or operation of a business.’ This includes considering financial resources, size, and the nature of operations.” Key Terms: undue hardship |
| What are the elements required to establish a ‘mixed-motive’ case in employment discrimination? | To win a mixed-motive case, an employee must show the discrimination was "a motivating factor." The employer can limit remedies by proving they would have made the same decision anyway. |
| What are the key requirements for establishing a ‘class action’ lawsuit in employment discrimination cases? | A class action requires: numerosity, commonality, typicality, and adequate representation. |
| What damages are available to an employee who wins a Title VII discrimination case? | Available damages include back pay, front pay, reinstatement, compensatory damages (emotional distress, medical expenses), and punitive damages (if intentional discrimination with malice/reckless indifference). Caps on compensatory/punitive damages based |
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