Test your basic knowledge |

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 a Deed
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
document by which title to property is passed
criminal defense stating that a crime was necessary in preventing an even greater crime
the right to enter onto another persons property with the intentions of removing something valuable

2. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

3. Fair use doctrine
classic stone corp. owns a profit in gross - and cannot transfer this right to another
allows for use of copyrighted material under certain guidelines
reverse engineer - go through garbage..
secondary meaning

4. What is secondary meaning?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
probable cause
arises when customers begin to associate a specific term or phrase with specific trademarked items
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

5. Are crops real property when they are sold?
who has been using it first or filed for it first
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

6. Fair use is limited to?
sally would possess an easement in this case - the right to travel across property owner peter's land
entry of a plea - guilty/ not guilty
this for that - sexual favors - general conduct however one incident is not enough
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

7. What is a job offer?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
secondary meaning
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

8. Title VII protected categories?
agreement permitting use of a trademark
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
race - sex - national origin - color - religion

9. Gold club corporate criminal liability example?
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
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
record of such condition - being regarded as actually having a condition
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

10. When property is found who gets property when it was abondoned?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
finder after obtaining a title
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

11. Steps to determining trademark infringement?
it is a federal crime to use the us postal service to defraud others on false pretenses
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

12. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

13. Counterfeiting example? regarding punishment
distinctive decor - menu - style - service of an offering
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
agreement permitting use of a trademark
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

14. License in trademark law?
agreement permitting use of a trademark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
ownership rights to property
fraudulent miss-use of funds that have been entrusted to them

15. What is a license considered to be in real property law?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

16. Outcome of unanimous not guilty?
cannot be tried again - no appeal
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
10 years and it is renewable
it is a federal crime to use the us postal service to defraud others on false pretenses

17. Adverse possession
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
criminal defense stating that a crime was necessary in preventing an even greater crime
taking property away from the owner with the intent of permanently removing them of ownership
obtaining ownership by living on anothers property

18. The EEOC requires that victims do what before they hold employers liable?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
distinctive decor - menu - style - service of an offering
the right to enter onto another persons property with the intentions of removing something valuable

19. Money laundering
process of hiding the source of illegally acquired funds
owner of premise where it was found - after good title is acquired
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

20. What is an easement by implication?
a deed that transfers interest in a life estate from one to another
a physical or mental impairment that substantially limits one or more major life activities
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

21. Concurrent ownership
a physical or mental impairment that substantially limits one or more major life activities
multiple owners of real or personal property
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
it is a federal crime to use the us postal service to defraud others on false pretenses

22. Purpose of criminal penalties?
work for a company with more than 50 employees - employed for a year - and must try to give notice
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

23. What kind of mistake can be used as criminal defense?
mistake of fact
ownership rights to property
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
agreement permitting use of a trademark

24. The Berne Convention
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
criticism - use in satire - news report - use to educate
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

25. Responsible corporate officer doctrine?
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
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

26. EEOC is responsible for doing what?
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
finder after obtaining a title
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

27. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
crops is considered to be real property and should be considered in the sale of such property.
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
streamlines and standardizes the processes for applying for a trademark abroad

28. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
document by which title to property is passed

29. Dominion
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
ownership rights to property
race - sex - national origin - color - religion

30. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
10 year period renewable
the right to enter onto another persons property with the intentions of removing something valuable
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

31. Is it a fixture?
a warranty that the buyer will not be disturbed in their possession of the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
record of such condition - being regarded as actually having a condition
intent when attached and will item be damaged because of removal? hard to determine

32. Napster example?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
owner of premise where it was found - after good title is acquired
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
used by members of a cooperative organization to certify the quality of service or product

33. Mistake of fact criminal defense example

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

34. What is a covenant of quiet enjoyment?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a warranty that the buyer will not be disturbed in their possession of the land
hours of employment - conditions - age of workers

35. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot be tried again - no appeal
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

36. In order to receive protection under the family medical leave act - one must?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
signed by hundreds of countries that establishes standards for the international protection of intellectual property
work for a company with more than 50 employees - employed for a year - and must try to give notice
No - property gifts are common

37. What is Actus Reus
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
given exclusive possession and control over property - and knowingly accept responsibility
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
it rewards citizens for putting land to good use rather than just sitting on expanses of property

38. Darst V. Interstate Brands Corp. regarding family and medical leave rights
secondary meaning
taking property away from the owner with the intent of permanently removing them of ownership
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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

39. Employers should handle hostile environments regarding protected members of title 7 by?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

40. What is retaliatory discharge?
owner of premise where it was found - after good title is acquired
No - they are considered to be goods and is governed by the uniform commercial code
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

41. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
sufficient evidence

42. Significance of coca-cola V. koke Co of America
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

43. The madrid protocol accomplishes what?
process of hiding the source of illegally acquired funds
streamlines and standardizes the processes for applying for a trademark abroad
a physical or mental impairment that substantially limits one or more major life activities
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

44. Roman Catholic Church V. Prince Reality Management regarding a license?
process of hiding the source of illegally acquired funds
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

45. Reasonable accommodation requirements by the ADA
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
mistake of fact
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

46. Do Deeds require consideration to be valid?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
No - property gifts are common
key words of a website that are used for search engines

47. What is a conveyance?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
generally the use of a software to perform a job or deliver product
fraudulent miss-use of funds that have been entrusted to them
a deed that transfers interest in a life estate from one to another

48. Mail Fraud Act of 1990 is what?
distinctive decor - menu - style - service of an offering
reverse engineer - go through garbage..
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
it is a federal crime to use the us postal service to defraud others on false pretenses

49. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
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
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
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

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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183