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. How long is a trademark protected? is it renewable
prohibits excessive bail and fines - cruel and unusual punishment
10 years and it is renewable
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


2. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
the property that will benefit from a profit
work for a company with more than 50 employees - employed for a year - and must try to give notice
multiple owners of real or personal property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


3. Employers should handle hostile environments regarding protected members of title 7 by?
given exclusive possession and control over property - and knowingly accept responsibility
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


4. In real property law who is considered to be the dominant estate?
a physical or mental impairment that substantially limits one or more major life activities
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
the property that will benefit from a profit
the right to enter onto another persons property with the intentions of removing something valuable


5. Triple amount of damages definition
cannot be tried again - no appeal
treble damages
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


6. Examples of collective marks
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


7. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used by members of a cooperative organization to certify the quality of service or product
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


8. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


9. What terminates an easement?
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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


10. Steps to determining trademark infringement?
secondary meaning
conditional gifts that are only accepted upon the performance of marriage
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 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


11. What is a license considered to be in real property law?
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
prohibits excessive bail and fines - cruel and unusual punishment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


12. Americans with disabilities act accomplishes what?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
offering someone who works at a different firm money for their trade secrets
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


13. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
signed by hundreds of countries that establishes standards for the international protection of intellectual property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


14. EEOC is responsible for doing what?
streamlines and standardizes the processes for applying for a trademark abroad
offering someone who works at a different firm money for their trade secrets
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
owners of secret must try and protect - destroy garbage


15. Special Bailments
mistake of fact
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
streamlines and standardizes the processes for applying for a trademark abroad
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


16. What is the result of a mistrial or a hung jury?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
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
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


17. In real property law who is considered to be the servient estate?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that is burdened by a profit
it is a federal crime to use the us postal service to defraud others on false pretenses


18. 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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


19. The EEOC requires that victims do what before they hold employers liable?
owner of premise where it was found - after good title is acquired
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
treble damages


20. Mens Rea
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
a warranty that the buyer will not be disturbed in their possession of the land
mental state or intent part 2 of 2 for determining criminal liability
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


21. The madrid protocol accomplishes what?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
streamlines and standardizes the processes for applying for a trademark abroad
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


22. Joint tenancy
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
process of hiding the source of illegally acquired funds
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


23. Roman Catholic Church V. Prince Reality Management regarding a license?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
members cannot give nationals favorable treatment


24. What determines likeliness of confusion?
test is originality - lasts life of creator - protection is automatic
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
treble damages
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


25. Fair use is limited to?
a deed that transfers interest in a life estate from one to another
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


26. Trademark dilution
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


27. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
finder after obtaining a title


28. Money laundering
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
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
process of hiding the source of illegally acquired funds


29. How can someone legally acquire trade secrets?
mental state or intent part 2 of 2 for determining criminal liability
must effectively try to acquire protection as well as keep the secret
reverse engineer - go through garbage..
streamlines and standardizes the processes for applying for a trademark abroad


30. Possible ruling interpretations for accession cases
owner of premise where it was found - after good title is acquired
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
allows for use of copyrighted material under certain guidelines


31. What is a warranty deed?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


32. Burglary
used by members of a cooperative organization to certify the quality of service or product
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


33. Copyright requirements
the property that will benefit from a profit
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
test is originality - lasts life of creator - protection is automatic
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


34. Mislaid 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
voluntarily parted with at the time - but then later tries to find it
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sexual harassment is protected under title 7 because it effects genders differently in the workplace


35. What happens when land is sold that is growing crops?
members cannot give nationals favorable treatment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
crops is considered to be real property and should be considered in the sale of such property.


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

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


37. Can you be fired for whistle blowing?

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


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

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


39. When property is found that was mislaid who owns it?
finder after obtaining a title
10 years and it is renewable
first person to invent not file for patent
owner of premise where it was found - after good title is acquired


40. Difference between joint tenancy and tenancy in common?
secondary meaning
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


41. 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


42. Strong Marks Case Example

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


43. What is a profit under real property law?
members cannot give nationals favorable treatment
the right to enter onto another persons property with the intentions of removing something valuable
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


44. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
No - but if they find any other reason - like you have been late often than you'll probably get fired


45. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


46. Dominion
ownership rights to property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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


47. Remedies for patent infringement
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
conditional gifts that are only accepted upon the performance of marriage


48. Workers comp and negligence

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


49. Determining disability regarding with and without equipment?
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
offering someone who works at a different firm money for their trade secrets
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
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


50. Mistake of fact criminal defense example

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