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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. Arrest requires
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
probable cause
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

2. What is an easement?
cannot be tried again - no appeal
another persons right to make limited use of another persons real property without taking anything away from the property
hours of employment - conditions - age of workers
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

3. Example of an exception to the at will doctrine based on tort theory
novel - useful - non obvious
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
taking property away from the owner with the intent of permanently removing them of ownership

4. What is a covenant of quiet enjoyment?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
criticism - use in satire - news report - use to educate
a warranty that the buyer will not be disturbed in their possession of the land

5. How long is a trademark protected? is it renewable
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
10 years and it is renewable
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

6. What is a Deed
sexual harassment is protected under title 7 because it effects genders differently in the workplace
offering someone who works at a different firm money for their trade secrets
key words of a website that are used for search engines
document by which title to property is passed

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

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8. Are crops real property when they are sold?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
No - they are considered to be goods and is governed by the uniform commercial code

9. Meta tag example about terri welles
key words of a website that are used for search engines
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

10. Mistake of fact criminal defense example

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11. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
a warranty that the buyer will not be disturbed in their possession of the land
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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

12. Dominion
criminal defense stating that a crime was necessary in preventing an even greater crime
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ownership rights to property
hours of employment - conditions - age of workers

13. Outcome of unanimous not guilty?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
cannot be tried again - no appeal
birth - child placement - employee health - care for spouse - child - or parent - military duty

14. Adverse possession
a warranty that the buyer will not be disturbed in their possession of the land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
obtaining ownership by living on anothers property
criminal defense stating that a crime was necessary in preventing an even greater crime

15. In real property law who is considered to be the servient estate?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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
the property that is burdened by a profit

16. Possible ruling interpretations for accession cases
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
criminal defense stating that a crime was necessary in preventing an even greater crime
10 year period renewable
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

17. In the united states who gets the patent if there is a conflict?
given exclusive possession and control over property - and knowingly accept responsibility
first person to invent not file for patent
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
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

18. The Berne Convention
reverse engineer - go through garbage..
the property that is burdened by 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
20 years from filing

19. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
secondary meaning
conditional gifts that are only accepted upon the performance of marriage

20. Estray statutes encourage what?
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
record of such condition - being regarded as actually having a condition
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
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

21. What is an implied warranty of habitability?
novel - useful - non obvious
allows for use of copyrighted material under certain guidelines
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
a deed that transfers interest in a life estate from one to another

22. Business process patents involve?
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
generally the use of a software to perform a job or deliver product
mistake of fact

23. In order to prove discrimination in hiring one has to prove?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

24. Special Bailments
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
intent - delivery - acceptance
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

25. Bailments are?
finder after obtaining a title
race - sex - national origin - color - religion
property of one person rightfully in possession of another - custody
No - but if they find any other reason - like you have been late often than you'll probably get fired

26. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the property that will benefit from a profit
the corporation could have prevented such acts
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

27. Counterfeiting example? regarding punishment
birth - child placement - employee health - care for spouse - child - or parent - military duty
the property that is burdened by a profit
the property that will benefit from a profit
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

28. Burglary
secondary meaning
breaking into a residence with the intent of performing a felony. this is a crime against property.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
taking property away from the owner with the intent of permanently removing them of ownership

29. Reasonable accommodation requirements by the ADA
property of one person rightfully in possession of another - custody
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
10 years and it is renewable

30. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

31. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the property that is burdened by a profit
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

32. Constructive bailments are?

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33. Mislaid property
voluntarily parted with at the time - but then later tries to find it
mental state or intent part 2 of 2 for determining criminal liability
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

34. Service mark
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
given exclusive possession and control over property - and knowingly accept responsibility
owners of secret must try and protect - destroy garbage

35. Fair use is limited to?
cannot be tried again - no appeal
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
a physical or mental impairment that substantially limits one or more major life activities
generally the use of a software to perform a job or deliver product

36. Fair use doctrine
conditional gifts that are only accepted upon the performance of marriage
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
allows for use of copyrighted material under certain guidelines
sally would possess an easement in this case - the right to travel across property owner peter's land

37. Americans with disabilities act accomplishes what?
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
allows for use of copyrighted material under certain guidelines
first person to invent not file for patent
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

38. What happens when land is sold that is growing crops?
10 years and it is renewable
crops is considered to be real property and should be considered in the sale of such 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
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

39. What is a job offer?
process of hiding the source of illegally acquired funds
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

40. Gold club corporate criminal liability example?
owners of secret must try and protect - destroy garbage
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
first person to invent not file for patent

41. Members of the TRIPS agreement cannot do what?
secondary meaning
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
members cannot give nationals favorable treatment

42. What is a conveyance?
the corporation could have prevented such acts
signed by hundreds of countries that establishes standards for the international protection of intellectual property
generally the use of a software to perform a job or deliver product
a deed that transfers interest in a life estate from one to another

43. Arraignment is what?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
probable cause
entry of a plea - guilty/ not guilty

44. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
any party can terminate an employment arrangement at anytime no questions asked
sufficient evidence

45. What is the purpose of the adverse possession doctrine?
sufficient evidence
arises when customers begin to associate a specific term or phrase with specific trademarked items
it rewards citizens for putting land to good use rather than just sitting on expanses of property
signed by hundreds of countries that establishes standards for the international protection of intellectual property

46. How long is a copyright protected? for a corporation?
a deed that transfers interest in a life estate from one to another
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
process of hiding the source of illegally acquired funds

47. Reverse discrimination example firefighters
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

48. Determining disability regarding with and without equipment?
a physical or mental impairment that substantially limits one or more major life activities
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
distinctive decor - menu - style - service of an offering
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

49. What terminates an easement?
generally the use of a software to perform a job or deliver product
sufficient evidence
obtaining ownership by living on anothers property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

50. Are commercial flights permitted to fly over private property?
criticism - use in satire - news report - use to educate
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
secondary meaning
key words of a website that are used for search engines