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. Arraignment is what?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
entry of a plea - guilty/ not guilty
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


2. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
classic stone corp. owns a profit in gross - and cannot transfer this right to another
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


3. What is an implied warranty of habitability?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
10 year period renewable
probable cause
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


4. Significance of coca-cola V. koke Co of America
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
intent - delivery - acceptance
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


5. Concurrent ownership
owners of secret must try and protect - destroy garbage
multiple owners of real or personal property
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


6. Tenancy in 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
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


7. Constructive bailments are?

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8. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


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

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10. What is a conveyance?
a deed that transfers interest in a life estate from one to another
intent when attached and will item be damaged because of removal? hard to determine
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


11. Counterfeiting example? regarding punishment
mistake of fact
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
crops is considered to be real property and should be considered in the sale of such property.
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


12. What must a deed possess to be valid?

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13. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
can appeal - subject to new trial


14. Trademark dilution
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
document by which title to property is passed


15. Embezzlement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
fraudulent miss-use of funds that have been entrusted to them
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
mental state or intent part 2 of 2 for determining criminal liability


16. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
finder after obtaining a title
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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


17. What composes an 'at will doctrine'
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
mental state or intent part 2 of 2 for determining criminal liability
mistake of fact
any party can terminate an employment arrangement at anytime no questions asked


18. Copyright requirements
birth - child placement - employee health - care for spouse - child - or parent - military duty
test is originality - lasts life of creator - protection is automatic
secondary meaning
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


19. What composes RICO?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
ownership rights to property
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


20. 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.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
obtaining ownership by living on anothers property
secondary meaning


21. Outcome of a unanimous guilty verdict?
hours of employment - conditions - age of workers
can appeal - subject to new trial
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
conditional gifts that are only accepted upon the performance of marriage


22. 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?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
process of hiding the source of illegally acquired funds
criticism - use in satire - news report - use to educate
classic stone corp. owns a profit in gross - and cannot transfer this right to another


23. Facts to be used in the fair use standard are?
the property that will benefit from a profit
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


24. How long are patents protected?
20 years from filing
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
test is originality - lasts life of creator - protection is automatic


25. Secondary Meaning Example frosty treats
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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


26. Collective mark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
used by members of a cooperative organization to certify the quality of service or product
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


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

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28. Mistake of fact criminal defense example

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29. Attorney client privilege accomplishes what?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


30. What is legally a disability?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a physical or mental impairment that substantially limits one or more major life activities
intent when attached and will item be damaged because of removal? hard to determine


31. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
No - they are considered to be goods and is governed by the uniform commercial code
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
secondary meaning
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


32. 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
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
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


33. Are commercial flights permitted to fly over private property?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
intent when attached and will item be damaged because of removal? hard to determine
streamlines and standardizes the processes for applying for a trademark abroad
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


34. Can you be fired for whistle blowing?

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35. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
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
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


36. Outcome of unanimous not guilty?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
cannot be tried again - no appeal
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the corporation could have prevented such acts


37. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
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
arises when customers begin to associate a specific term or phrase with specific trademarked items


38. Workers comp and negligence

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39. Engagement rings are considered to be?
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
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
conditional gifts that are only accepted upon the performance of marriage
it rewards citizens for putting land to good use rather than just sitting on expanses of property


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

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41. Roman Catholic Church V. Prince Reality Management regarding a license?
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 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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


42. Indictment requires
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
sufficient evidence
sally would possess an easement in this case - the right to travel across property owner peter's land


43. Remedies for patent infringement
key words of a website that are used for search engines
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
owner of premise where it was found - after good title is acquired
any party can terminate an employment arrangement at anytime no questions asked


44. Mislaid property
voluntarily parted with at the time - but then later tries to find it
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
prohibits excessive bail and fines - cruel and unusual punishment
secondary meaning


45. Country club case
this for that - sexual favors - general conduct however one incident is not enough
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


46. Sambucks vs. starbucks
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the corporation could have prevented such acts


47. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
probable cause
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
another persons right to make limited use of another persons real property without taking anything away from the property


48. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
criminal defense stating that a crime was necessary in preventing an even greater crime


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. Possible ruling interpretations for accession cases
criminal defense stating that a crime was necessary in preventing an even greater crime
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
mental state or intent part 2 of 2 for determining criminal liability
a deed that transfers interest in a life estate from one to another