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. Constructive bailments are?

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2. Patents allow for the owner to?
intent when attached and will item be damaged because of removal? hard to determine
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
owner of premise where it was found - after good title is acquired
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


3. Strong Marks Case Example

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4. Example of an exception to the at will doctrine based on tort theory
another persons right to make limited use of another persons real property without taking anything away from the property
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
10 years and it is renewable
mistake of fact


5. Counterfeiting example? regarding punishment
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
obtaining ownership by living on anothers property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
probable cause


6. What is a conveyance?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
a warranty that the buyer will not be disturbed in their possession of the land
owners of secret must try and protect - destroy garbage
a deed that transfers interest in a life estate from one to another


7. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
conditional gifts that are only accepted upon the performance of marriage
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


8. What conditions are covered by the family medical leave act?
prohibits excessive bail and fines - cruel and unusual punishment
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


9. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


10. What are the requirements for adverse possession to be recognized?
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
10 years and it is renewable
who has been using it first or filed for it first
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


11. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the property that will benefit from a profit
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


12. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
cannot be tried again - no appeal
entry of a plea - guilty/ not guilty
voluntarily parted with at the time - but then later tries to find it


13. The Berne Convention
taking property away from the owner with the intent of permanently removing them of ownership
race - sex - national origin - color - religion
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


14. What is not copyrightable?
it is a federal crime to use the us postal service to defraud others on false pretenses
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
the property that will benefit from a profit


15. Money laundering
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
process of hiding the source of illegally acquired funds


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

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17. In order to prove discrimination in hiring one has to prove?
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
No - they are considered to be goods and is governed by the uniform commercial code
race - sex - national origin - color - religion
breaking into a residence with the intent of performing a felony. this is a crime against property.


18. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
document by which title to property is passed
signed by hundreds of countries that establishes standards for the international protection of intellectual property


19. What is can be considered trade dress?
treble damages
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
distinctive decor - menu - style - service of an offering


20. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
No - they are considered to be goods and is governed by the uniform commercial code


21. Mislaid property
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
voluntarily parted with at the time - but then later tries to find it
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


22. The WARN act calls for what?
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
ownership rights to property


23. Members of the TRIPS agreement cannot do what?
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
members cannot give nationals favorable treatment
probable cause
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


24. Determining disability regarding with and without equipment?
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
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
test is originality - lasts life of creator - protection is automatic
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


25. Remedies for patent infringement
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
it rewards citizens for putting land to good use rather than just sitting on expanses of 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
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


26. Drake V. Walton County regarding the county taking property
secondary meaning
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
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.


27. Cybersquatting
breaking into a residence with the intent of performing a felony. this is a crime against property.
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.
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


28. Copyright requirements
20 years from filing
test is originality - lasts life of creator - protection is automatic
taking property away from the owner with the intent of permanently removing them of ownership
property of one person rightfully in possession of another - custody


29. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
mistake of fact
property of one person rightfully in possession of another - custody


30. 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?
sufficient evidence
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
owner of premise where it was found - after good title is acquired
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


31. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
a physical or mental impairment that substantially limits one or more major life activities
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
secondary meaning
streamlines and standardizes the processes for applying for a trademark abroad


32. What are the requirements for making a gift an effective transfer of ownership?
sufficient evidence
intent - delivery - acceptance
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 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


33. Title VII protected categories?
race - sex - national origin - color - religion
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
intent when attached and will item be damaged because of removal? hard to determine
a warranty that the buyer will not be disturbed in their possession of the land


34. Burglary
multiple owners of real or personal property
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
prohibits excessive bail and fines - cruel and unusual punishment
breaking into a residence with the intent of performing a felony. this is a crime against property.


35. What is the result of a mistrial or a hung jury?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
crops is considered to be real property and should be considered in the sale of such property.


36. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
ownership rights to property
taking property away from the owner with the intent of permanently removing them of ownership


37. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
finder after obtaining a title
it rewards citizens for putting land to good use rather than just sitting on expanses of property


38. Fair use is limited to?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


39. Roman Catholic Church V. Prince Reality Management regarding a license?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
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
agreement permitting use of a trademark


40. 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?
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
property of one person rightfully in possession of another - custody
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another


41. The madrid protocol accomplishes what?
generally the use of a software to perform a job or deliver product
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
streamlines and standardizes the processes for applying for a trademark abroad
who has been using it first or filed for it first


42. Age discrimination achieves what?
ownership rights to property
a deed that transfers interest in a life estate from one to another
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
mistake of fact


43. Special Bailments
race - sex - national origin - color - religion
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
intent when attached and will item be damaged because of removal? hard to determine
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


44. Mens Rea
10 year period renewable
agreement permitting use of a trademark
mental state or intent part 2 of 2 for determining criminal liability
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


45. Meta tags
key words of a website that are used for search engines
ownership rights to property
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
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


46. Arrest requires
a deed that transfers interest in a life estate from one to another
probable cause
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
document by which title to property is passed


47. Secondary Meaning Example frosty treats
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
offering someone who works at a different firm money for their trade secrets
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
reverse engineer - go through garbage..


48. EEOC is responsible for doing what?
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
given exclusive possession and control over property - and knowingly accept responsibility
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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


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

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