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. The madrid protocol accomplishes what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
No - they are considered to be goods and is governed by the uniform commercial code
streamlines and standardizes the processes for applying for a trademark abroad


2. What is a Deed
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
novel - useful - non obvious
signed by hundreds of countries that establishes standards for the international protection of intellectual property
document by which title to property is passed


3. What is the result of a mistrial or a hung jury?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


4. Remedies for patent infringement
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
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
No - they are considered to be goods and is governed by the uniform commercial code
used by members of a cooperative organization to certify the quality of service or product


5. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
cannot be tried again - no appeal
birth - child placement - employee health - care for spouse - child - or parent - military duty


6. Determining disability regarding with and without equipment?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
20 years from filing
classic stone corp. owns a profit in gross - and cannot transfer this right to another


7. Fair labor standards act covers issues such as?
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
hours of employment - conditions - age of workers
sexual harassment is protected under title 7 because it effects genders differently in the workplace
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


8. Generic terms can never have?
must effectively try to acquire protection as well as keep the secret
secondary meaning
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
classic stone corp. owns a profit in gross - and cannot transfer this right to another


9. Constructive bailments are?

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10. The WARN act calls for what?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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. What is a profit under real property law?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
reverse engineer - go through garbage..
owner of premise where it was found - after good title is acquired
the right to enter onto another persons property with the intentions of removing something valuable


12. Workers comp and negligence

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13. Certification mark
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
fraudulent miss-use of funds that have been entrusted to them
No - they are considered to be goods and is governed by the uniform commercial code


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


15. Attorney client privilege accomplishes what?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


16. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
crops is considered to be real property and should be considered in the sale of such property.
10 years and it is renewable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


17. Do Deeds require consideration to be valid?
a warranty that the buyer will not be disturbed in their possession of the land
intent when attached and will item be damaged because of removal? hard to determine
No - property gifts are common
sufficient evidence


18. 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
obtaining ownership by living on anothers property
it is a federal crime to use the us postal service to defraud others on false pretenses
any party can terminate an employment arrangement at anytime no questions asked


19. Burglary
distinctive decor - menu - style - service of an offering
breaking into a residence with the intent of performing a felony. this is a crime against property.
key words of a website that are used for search engines
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


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

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21. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
process of hiding the source of illegally acquired funds
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
10 year period renewable


22. What is legally a disability?
entry of a plea - guilty/ not guilty
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
treble damages
a physical or mental impairment that substantially limits one or more major life activities


23. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
multiple owners of real or personal property
intent - delivery - acceptance
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


24. Sexual harassment is treated as what?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


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

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26. Possible ruling interpretations for accession cases
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious
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
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


27. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
given exclusive possession and control over property - and knowingly accept responsibility


28. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
arises when customers begin to associate a specific term or phrase with specific trademarked items
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
10 years and it is renewable


29. Money laundering
intent - delivery - acceptance
taking property away from the owner with the intent of permanently removing them of ownership
process of hiding the source of illegally acquired funds
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


30. Drake V. Walton County regarding the county taking 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.
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
mental state or intent part 2 of 2 for determining criminal liability
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


31. Title VII prevents discrimination in?

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32. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
a physical or mental impairment that substantially limits one or more major life activities
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
prohibits excessive bail and fines - cruel and unusual punishment


33. How long are patents protected?
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
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
20 years from filing
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


34. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
another persons right to make limited use of another persons real property without taking anything away from the property
generally the use of a software to perform a job or deliver product
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


35. How can someone legally acquire trade secrets?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
reverse engineer - go through garbage..
conditional gifts that are only accepted upon the performance of marriage


36. The Berne Convention
finder after obtaining a title
cannot be tried again - no appeal
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
10 year period renewable


37. What are some criminal defenses
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.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


38. Example of an exception to the at will doctrine based on tort theory
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
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
probable cause


39. Are commercial flights permitted to fly over private property?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
first person to invent not file for patent
breaking into a residence with the intent of performing a felony. this is a crime against property.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


40. What is the purpose of the adverse possession doctrine?
arises when customers begin to associate a specific term or phrase with specific trademarked items
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
owner of premise where it was found - after good title is acquired
it rewards citizens for putting land to good use rather than just sitting on expanses of property


41. Difference between joint tenancy and tenancy in common?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sufficient evidence
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


42. Can you be fired for whistle blowing?

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43. Concurrent ownership
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
multiple owners of real or personal property
No - they are considered to be goods and is governed by the uniform commercial code
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


44. 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
classic stone corp. owns a profit in gross - and cannot transfer this right to another


45. How is the right to use a trademark determined?
novel - useful - non obvious
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
who has been using it first or filed for it first
secondary meaning


46. Meta tag example about terri welles
race - sex - national origin - color - religion
the property that is burdened by a profit
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
another persons right to make limited use of another persons real property without taking anything away from the property


47. Special Bailments
sexual harassment is protected under title 7 because it effects genders differently in the workplace
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the property that will benefit from a profit
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


48. What conditions are covered by the family medical leave act?
this for that - sexual favors - general conduct however one incident is not enough
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
birth - child placement - employee health - care for spouse - child - or parent - military duty
any party can terminate an employment arrangement at anytime no questions asked


49. What is an easement by implication?
20 years from filing
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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


50. In order to recieve protection what must one do?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
race - sex - national origin - color - religion
must effectively try to acquire protection as well as keep the secret
a physical or mental impairment that substantially limits one or more major life activities