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Test your basic knowledge |
Business Law Yale
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Subjects
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law
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business-law
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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. Larceny
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
taking property away from the owner with the intent of permanently removing them of ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
2. What is an easement?
No - but if they find any other reason - like you have been late often than you'll probably get fired
this for that - sexual favors - general conduct however one incident is not enough
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
another persons right to make limited use of another persons real property without taking anything away from the property
3. Robbery
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
4. Discrimination during the hiring process is acceptable when?
hours of employment - conditions - age of workers
20 years from filing
a physical or mental impairment that substantially limits one or more major life activities
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
5. Napster example?
the right to enter onto another persons property with the intentions of removing something valuable
race - sex - national origin - color - religion
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
allows for use of copyrighted material under certain guidelines
6. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
members cannot give nationals favorable treatment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
it is a federal crime to use the us postal service to defraud others on false pretenses
7. When property is found that was mislaid who owns it?
criticism - use in satire - news report - use to educate
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 years and it is renewable
owner of premise where it was found - after good title is acquired
8. What is a license considered to be in real property law?
it is a federal crime to use the us postal service to defraud others on false pretenses
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
9. What is a profit under real property law?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
the right to enter onto another persons property with the intentions of removing something valuable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
10. The EEOC requires that victims do what before they hold employers liable?
hours of employment - conditions - age of workers
the right to enter onto another persons property with the intentions of removing something valuable
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
11. Responsible corporate officer doctrine?
generally the use of a software to perform a job or deliver product
owners of secret must try and protect - destroy garbage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
12. Meta tag example about terri welles
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
novel - useful - non obvious
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
property of one person rightfully in possession of another - custody
13. Derivative work
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
this for that - sexual favors - general conduct however one incident is not enough
treble damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
14. Outcome of unanimous not guilty?
cannot be tried again - no appeal
No - but if they find any other reason - like you have been late often than you'll probably get fired
sexual harassment is protected under title 7 because it effects genders differently in the workplace
property of one person rightfully in possession of another - custody
15. Difference between joint tenancy and tenancy in common?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
streamlines and standardizes the processes for applying for a trademark abroad
agreement permitting use of a trademark
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
16. Triple amount of damages definition
treble damages
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
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
another persons right to make limited use of another persons real property without taking anything away from the property
17. Estray statutes encourage what?
agreement permitting use of a trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
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
18. What is a job offer?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
19. How long are patents protected?
20 years from filing
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
20. In order to receive protection under the family medical leave act - one must?
arises when customers begin to associate a specific term or phrase with specific trademarked items
agreement permitting use of a trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
secondary meaning
21. Mistake of fact criminal defense example
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22. Counterfeiting example? regarding punishment
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
who has been using it first or filed for it first
10 year period renewable
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
23. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
streamlines and standardizes the processes for applying for a trademark abroad
offering someone who works at a different firm money for their trade secrets
mental state or intent part 2 of 2 for determining criminal liability
24. What is Actus Reus
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
10 year period renewable
streamlines and standardizes the processes for applying for a trademark abroad
25. Necessity defense
secondary meaning
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
criminal defense stating that a crime was necessary in preventing an even greater crime
26. Mail fraud act example senator?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
mistake of fact
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
27. Title VII protected categories?
race - sex - national origin - color - religion
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
a warranty that the buyer will not be disturbed in their possession of the land
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
28. Secondary Meaning Example frosty treats
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
intent when attached and will item be damaged because of removal? hard to determine
multiple owners of real or personal property
29. Dominion
ownership rights to property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
secondary meaning
30. Under the americans with disabilities act - when can a disability be discussed?
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31. Mail Fraud Act of 1990 is what?
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
distinctive decor - menu - style - service of an offering
who has been using it first or filed for it first
it is a federal crime to use the us postal service to defraud others on false pretenses
32. Fair use is limited to?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
33. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
sally would possess an easement in this case - the right to travel across property owner peter's land
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
34. Fair labor standards act covers issues such as?
race - sex - national origin - color - religion
the right to enter onto another persons property with the intentions of removing something valuable
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
hours of employment - conditions - age of workers
35. EEOC is responsible for doing what?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
intent - delivery - acceptance
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
36. 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?
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the property that is burdened by a profit
37. Remedies for patent infringement
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
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
this for that - sexual favors - general conduct however one incident is not enough
38. Constructive bailments are?
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39. KSR Internation V. Teleflex INC. regarding what is patentable?
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40. Business process patents involve?
a deed that transfers interest in a life estate from one to another
cannot be tried again - no appeal
members cannot give nationals favorable treatment
generally the use of a software to perform a job or deliver product
41. Possible ruling interpretations for accession cases
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
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
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
42. Engagement rings are considered to be?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
conditional gifts that are only accepted upon the performance of marriage
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
43. How long is a copyright protected? for a corporation?
sally would possess an easement in this case - the right to travel across property owner peter's land
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
44. What determines likeliness of confusion?
entry of a plea - guilty/ not guilty
criticism - use in satire - news report - use to educate
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
45. Special Bailments
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
10 year period renewable
46. What are strong Marks?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
47. Money laundering
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
process of hiding the source of illegally acquired funds
allows for use of copyrighted material under certain guidelines
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
48. What terminates an easement?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
49. What is a conveyance?
conditional gifts that are only accepted upon the performance of marriage
a deed that transfers interest in a life estate from one to another
process of hiding the source of illegally acquired funds
No - property gifts are common
50. Indictment requires
the corporation could have prevented such acts
document by which title to property is passed
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
sufficient evidence
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