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. Dominion
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ownership rights to property
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
test is originality - lasts life of creator - protection is automatic


2. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
voluntarily parted with at the time - but then later tries to find it
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


3. 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?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability


4. 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
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
intent - delivery - acceptance


5. Remedies for patent infringement
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
sally would possess an easement in this case - the right to travel across property owner peter's land
process of hiding the source of illegally acquired funds


6. Necessity defense
streamlines and standardizes the processes for applying for a trademark abroad
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
criminal defense stating that a crime was necessary in preventing an even greater crime
novel - useful - non obvious


7. Fair use is limited to?
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
process of hiding the source of illegally acquired funds
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


8. Gold club corporate criminal liability example?
treble damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sufficient evidence
obtaining ownership by living on anothers property


9. Concurrent ownership
allows for use of copyrighted material under certain guidelines
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
multiple owners of real or personal property


10. TRIPS agreement
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
secondary meaning
signed by hundreds of countries that establishes standards for the international protection of intellectual property


11. Triple amount of damages definition
treble damages
crops is considered to be real property and should be considered in the sale of such property.
obtaining ownership by living on anothers 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.


12. The WARN act calls for what?
a warranty that the buyer will not be disturbed in their possession of the land
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
mental state or intent part 2 of 2 for determining criminal liability


13. How can you come to possess land through adverse possession?
breaking into a residence with the intent of performing a felony. this is a crime against property.
intent - delivery - acceptance
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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


14. How long is a trademark protected? is it renewable
10 years and it is renewable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
signed by hundreds of countries that establishes standards for the international protection of intellectual property


15. Purpose of criminal penalties?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
document by which title to property is passed
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


16. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
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
key words of a website that are used for search engines


17. Burglary
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 corporation could have prevented such acts
breaking into a residence with the intent of performing a felony. this is a crime against property.
members cannot give nationals favorable treatment


18. Mistake of fact criminal defense example

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19. Estray statutes encourage what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
court found that sambucks caused significant confusion required to harm the value of starbacks 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


20. In real property law who is considered to be the servient estate?
first person to invent not file for patent
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.
the property that is burdened by a profit
allows for use of copyrighted material under certain guidelines


21. Arraignment is what?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
entry of a plea - guilty/ not guilty
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
offering someone who works at a different firm money for their trade secrets


22. Outcome of unanimous not guilty?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
it is a federal crime to use the us postal service to defraud others on false pretenses
members cannot give nationals favorable treatment
cannot be tried again - no appeal


23. Constructive bailments are?

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24. Possible ruling interpretations for accession cases
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
members cannot give nationals favorable treatment


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

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26. What are the requirements for making a gift an effective transfer of ownership?
the corporation could have prevented such acts
intent - delivery - acceptance
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
can appeal - subject to new trial


27. What determines likeliness of confusion?
distinctive decor - menu - style - service of an offering
given exclusive possession and control over property - and knowingly accept responsibility
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


28. Certification mark
given exclusive possession and control over property - and knowingly accept responsibility
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
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


29. Drake V. Walton County regarding the county taking property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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.
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


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

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31. What is an easement?
it is a federal crime to use the us postal service to defraud others on false pretenses
another persons right to make limited use of another persons real property without taking anything away from the property
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
voluntarily parted with at the time - but then later tries to find it


32. Secondary Meaning Example frosty treats
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
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
20 years from filing


33. Can you be fired for whistle blowing?

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34. Business process patents involve?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
generally the use of a software to perform a job or deliver product
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
mistake of fact


35. What is legally a disability?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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 physical or mental impairment that substantially limits one or more major life activities


36. What is a license considered to be in real property law?
the property that will benefit from a profit
multiple owners of real or personal property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


37. What is protected expression?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


38. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
members cannot give nationals favorable treatment


39. What is Actus Reus
agreement permitting use of a trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the corporation could have prevented such acts
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


40. Darst V. Interstate Brands Corp. regarding family and medical leave rights
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


41. Cybersquatting
process of hiding the source of illegally acquired funds
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


42. In real property law who is considered to be the dominant estate?
sufficient evidence
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
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
the property that will benefit from a profit


43. Example of an exception to the at will doctrine based on tort theory
birth - child placement - employee health - care for spouse - child - or parent - military duty
property of one person rightfully in possession of another - custody
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
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


44. Patents allow for the owner to?
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
document by which title to property is passed
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


45. What is not copyrightable?
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
secondary meaning
reverse engineer - go through garbage..
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


46. In order to receive protection under the family medical leave act - one must?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
it rewards citizens for putting land to good use rather than just sitting on expanses of property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
work for a company with more than 50 employees - employed for a year - and must try to give notice


47. In order to recieve protection what must one do?
property of one person rightfully in possession of another - custody
must effectively try to acquire protection as well as keep the secret
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


48. What composes RICO?
generally the use of a software to perform a job or deliver 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
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
20 years from filing


49. Mens Rea
birth - child placement - employee health - care for spouse - child - or parent - military duty
mental state or intent part 2 of 2 for determining criminal liability
document by which title to property is passed
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


50. Meta tags
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
arises when customers begin to associate a specific term or phrase with specific trademarked items
key words of a website that are used for search engines
10 year period renewable