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. Requirements of a bailement
record of such condition - being regarded as actually having a condition
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
given exclusive possession and control over property - and knowingly accept responsibility
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


2. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
who has been using it first or filed for it first
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


3. What is legally a disability?
fraudulent miss-use of funds that have been entrusted to them
a physical or mental impairment that substantially limits one or more major life activities
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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


4. Trademarks are good for? are they renewable
mental state or intent part 2 of 2 for determining criminal liability
test is originality - lasts life of creator - protection is automatic
10 year period renewable
streamlines and standardizes the processes for applying for a trademark abroad


5. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
the property that will benefit from a profit
secondary meaning
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 the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


6. Patents allow for the owner to?
cannot be tried again - no appeal
used by members of a cooperative organization to certify the quality of service or product
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
secondary meaning


7. Gold club corporate criminal liability example?
a deed that transfers interest in a life estate from one to another
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
sally would possess an easement in this case - the right to travel across property owner peter's land


8. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
race - sex - national origin - color - religion
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning


9. What could be considered as sexual harassment in the work place
cannot be tried again - no appeal
this for that - sexual favors - general conduct however one incident is not enough
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
can appeal - subject to new trial


10. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the property that will benefit from a profit
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


11. Significance of coca-cola V. koke Co of America
the right to enter onto another persons property with the intentions of removing something valuable
race - sex - national origin - color - religion
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


12. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
first person to invent not file for patent
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
intent - delivery - acceptance


13. Remedies for patent infringement
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
allows for use of copyrighted material under certain guidelines


14. What must a deed possess to be valid?

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15. What is a Deed
document by which title to property is passed
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
ownership rights to property


16. Title VII prevents discrimination in?

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17. Indictment requires
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
sufficient evidence
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
given exclusive possession and control over property - and knowingly accept responsibility


18. Money laundering
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
process of hiding the source of illegally acquired funds
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
arises when customers begin to associate a specific term or phrase with specific trademarked items


19. Fair use doctrine
the property that will benefit from a profit
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
allows for use of copyrighted material under certain guidelines
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


20. What is an easement by implication?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
ownership rights to property


21. Is it a fixture?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
intent when attached and will item be damaged because of removal? hard to determine
reverse engineer - go through garbage..


22. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 year period renewable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
No - they are considered to be goods and is governed by the uniform commercial code


23. 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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


24. How long is a copyright protected? for a corporation?
any party can terminate an employment arrangement at anytime no questions asked
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
key words of a website that are used for search engines


25. How is the right to use a trademark determined?
who has been using it first or filed for it first
the property that will benefit from a profit
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
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. Workers comp and negligence

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27. Certification mark
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


28. Business process patents involve?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
generally the use of a software to perform a job or deliver product
sufficient evidence


29. Napster example?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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


30. Example of an exception to the at will doctrine based on tort theory
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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


31. Estray statutes encourage what?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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


32. Sexual harassment is treated as what?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace


33. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the property that is burdened by a profit
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


34. Mislaid property
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
voluntarily parted with at the time - but then later tries to find it
classic stone corp. owns a profit in gross - and cannot transfer this right to another


35. In the united states who gets the patent if there is a conflict?
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
first person to invent not file for patent
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


36. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
finder after obtaining a title
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


37. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
No - but if they find any other reason - like you have been late often than you'll probably get fired
work for a company with more than 50 employees - employed for a year - and must try to give notice


38. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


39. Are compilation of facts copyrightable? case 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


40. Outcome of unanimous not guilty?
hours of employment - conditions - age of workers
the corporation could have prevented such acts
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
cannot be tried again - no appeal


41. Embezzlement
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
test is originality - lasts life of creator - protection is automatic
fraudulent miss-use of funds that have been entrusted to them


42. Triple amount of damages definition
treble damages
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


43. Mistake of fact criminal defense example

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44. Duress criminal defense
No - but if they find any other reason - like you have been late often than you'll probably get fired
a deed that transfers interest in a life estate from one to another
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


45. Dominion
ownership rights to property
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used by members of a cooperative organization to certify the quality of service or product


46. In order to recieve protection what must one do?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
must effectively try to acquire protection as well as keep the secret
10 years and it is renewable


47. Roman Catholic Church V. Prince Reality Management regarding a license?
can appeal - subject to new trial
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
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
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


48. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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49. Example of an exception to the at will doctrine based on contract theory
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
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
first person to invent not file for patent
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


50. Counterfeiting example? regarding punishment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
generally the use of a software to perform a job or deliver product