Business Law Yale

Instructions:

• Answer 50 questions in 15 minutes.
• If you are not ready to take this test, you can study here.
• 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. What is secondary meaning?
distinctive decor - menu - style - service of an offering
a warranty that the buyer will not be disturbed in their possession of the land
offering someone who works at a different firm money for their trade secrets
arises when customers begin to associate a specific term or phrase with specific trademarked items


2. Example of an exception to the at will doctrine based on contract theory
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
given exclusive possession and control over property - and knowingly accept responsibility
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


3. What is an easement by implication?
finder after obtaining a title
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
agreement permitting use of a trademark
mental state or intent part 2 of 2 for determining criminal liability


4. Derivative work
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
entry of a plea - guilty/ not guilty
members cannot give nationals favorable treatment
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


5. Remedies for patent infringement
20 years from filing
generally the use of a software to perform a job or deliver product
document by which title to property is passed
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


6. Larceny
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
taking property away from the owner with the intent of permanently removing them of ownership
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
members cannot give nationals favorable treatment


7. What could be considered as sexual harassment in the work place
hours of employment - conditions - age of workers
this for that - sexual favors - general conduct however one incident is not enough
record of such condition - being regarded as actually having a condition
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


8. Trademarks are good for? are they renewable
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
10 year period renewable


9. Example of an exception to the at will doctrine based on tort theory
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
secondary meaning
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
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


10. Title VII prevents discrimination in?

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11. Responsible corporate officer doctrine?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
agreement permitting use of a trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


12. Meta tags
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
key words of a website that are used for search engines


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

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14. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fraudulent miss-use of funds that have been entrusted to them
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


15. In order to prove discrimination in hiring one has to prove?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
members cannot give nationals favorable treatment


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

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17. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
another persons right to make limited use of another persons real property without taking anything away from the property
obtaining ownership by living on anothers property


18. 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
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
10 year period renewable
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


19. Business process patents involve?
generally the use of a software to perform a job or deliver product
cannot be tried again - no appeal
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


20. Darst V. Interstate Brands Corp. regarding family and medical leave rights
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


21. Mail Fraud Act of 1990 is what?
distinctive decor - menu - style - service of an offering
it is a federal crime to use the us postal service to defraud others on false pretenses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


22. What protection does the 8th amendment provide?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
prohibits excessive bail and fines - cruel and unusual punishment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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. Duress criminal defense
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
multiple owners of real or personal property


24. Workers comp and negligence

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25. Drake V. Walton County regarding the county taking property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
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.


26. What is a conveyance?
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
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
distinctive decor - menu - style - service of an offering
a deed that transfers interest in a life estate from one to another


27. Reverse discrimination example firefighters
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


28. Purpose of criminal penalties?
fraudulent miss-use of funds that have been entrusted to them
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
treble damages
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


29. What kind of mistake can be used as criminal defense?
the property that will benefit from a profit
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
it is a federal crime to use the us postal service to defraud others on false pretenses
mistake of fact


30. Joint tenancy
treble damages
intent - delivery - acceptance
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
hours of employment - conditions - age of workers


31. Difference between joint tenancy and tenancy in common?
test is originality - lasts life of creator - protection is automatic
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
it is a federal crime to use the us postal service to defraud others on false pretenses


32. Outcome of a unanimous guilty verdict?
criminal defense stating that a crime was necessary in preventing an even greater crime
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
can appeal - subject to new trial


33. Tenancy by the entirety - or community ownership
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


34. Secondary Meaning Example frosty treats
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
mental state or intent part 2 of 2 for determining criminal liability
fraudulent miss-use of funds that have been entrusted to them


35. Outcome of unanimous not guilty?
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
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
cannot be tried again - no appeal
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


36. Arrest requires
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
probable cause


37. What are strong Marks?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
streamlines and standardizes the processes for applying for a trademark abroad
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


38. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious
No - property gifts are common
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


39. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


40. How can someone legally acquire trade secrets?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
reverse engineer - go through garbage..
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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


41. Country club case
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


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

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43. Mail fraud act example senator?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


44. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
novel - useful - non obvious
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


45. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
used by members of a cooperative organization to certify the quality of service or product
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
a warranty that the buyer will not be disturbed in their possession of the land


46. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


47. Possible ruling interpretations for accession cases
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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


48. Adverse possession
obtaining ownership by living on anothers property
document by which title to property is passed
prohibits excessive bail and fines - cruel and unusual punishment
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


49. Triple amount of damages definition
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
treble damages
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


50. What is the result of a mistrial or a hung jury?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
forcefully taking property different from burglary because it is a violent crime and directly harms an individual