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. Cybersquatting
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


2. The Berne Convention
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


3. Are crops real property when they are sold?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
No - they are considered to be goods and is governed by the uniform commercial code
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
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


4. Secondary Meaning Example frosty treats
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


5. 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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
prohibits excessive bail and fines - cruel and unusual punishment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


6. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
generally the use of a software to perform a job or deliver product
10 years and it is renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property


7. Difference between joint tenancy and tenancy in common?
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
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.
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


8. Counterfeiting example? regarding punishment
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


9. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


10. Constructive bailments are?

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11. Meta tags
key words of a website that are used for search engines
classic stone corp. owns a profit in gross - and cannot transfer this right to another
novel - useful - non obvious
10 years and it is renewable


12. Arraignment is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
entry of a plea - guilty/ not guilty
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 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


13. What is an easement?
the right to enter onto another persons property with the intentions of removing something valuable
a physical or mental impairment that substantially limits one or more major life activities
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
another persons right to make limited use of another persons real property without taking anything away from the property


14. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
given exclusive possession and control over property - and knowingly accept responsibility
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


15. Trademark dilution
voluntarily parted with at the time - but then later tries to find it
used by members of a cooperative organization to certify the quality of service or product
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


16. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


17. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
it rewards citizens for putting land to good use rather than just sitting on expanses of property
reverse engineer - go through garbage..
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


18. Trademarks are good for? are they renewable
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
10 year period renewable
prohibits excessive bail and fines - cruel and unusual punishment


19. How can someone legally acquire trade secrets?
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
reverse engineer - go through garbage..
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


20. Estray statutes encourage what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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.


21. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
members cannot give nationals favorable treatment
test is originality - lasts life of creator - protection is automatic
the property that will benefit from a profit


22. Adverse possession
20 years from filing
obtaining ownership by living on anothers property
members cannot give nationals favorable treatment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


23. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


24. 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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


25. What must a deed possess to be valid?

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26. What happens when land is sold that is growing crops?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
reverse engineer - go through garbage..
crops is considered to be real property and should be considered in the sale of such property.
arises when customers begin to associate a specific term or phrase with specific trademarked items


27. License in trademark law?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
breaking into a residence with the intent of performing a felony. this is a crime against property.
agreement permitting use of a trademark
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


28. Triple amount of damages definition
treble damages
intent - delivery - acceptance
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


29. Strong Marks Case Example

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30. Commercial bribery example
voluntarily parted with at the time - but then later tries to find it
offering someone who works at a different firm money for their trade secrets
intent when attached and will item be damaged because of removal? hard to determine
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


31. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


32. What is the difference between real and personal property?
test is originality - lasts life of creator - protection is automatic
members cannot give nationals favorable treatment
mistake of fact
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


33. Attorney client privilege accomplishes what?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
owners of secret must try and protect - destroy garbage


34. Service mark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
sally would possess an easement in this case - the right to travel across property owner peter's land


35. Mislaid property
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
voluntarily parted with at the time - but then later tries to find it
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


36. Embezzlement
cannot be tried again - no appeal
fraudulent miss-use of funds that have been entrusted to them
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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


37. The WARN act calls for what?
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 person to invent not file for patent
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


38. Reverse discrimination example firefighters
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
voluntarily parted with at the time - but then later tries to find it


39. Facts to be used in the fair use standard are?
the property that will benefit from a profit
owner of premise where it was found - after good title is acquired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


40. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the property that is burdened by a profit
mistake of fact
must effectively try to acquire protection as well as keep the secret


41. Requirements of a bailement
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
criminal defense stating that a crime was necessary in preventing an even greater crime
given exclusive possession and control over property - and knowingly accept responsibility


42. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
allows for use of copyrighted material under certain guidelines
the property that will benefit from a profit
a warranty that the buyer will not be disturbed in their possession of the land


43. Possible ruling interpretations for accession cases
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
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


44. Mens Rea
it is a federal crime to use the us postal service to defraud others on false pretenses
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
mental state or intent part 2 of 2 for determining criminal liability
the corporation could have prevented such acts


45. Special Bailments
a warranty that the buyer will not be disturbed in their possession of the land
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
test is originality - lasts life of creator - protection is automatic


46. Title VII prevents discrimination in?

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47. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
first person to invent not file for patent
secondary meaning


48. Can you be fired for whistle blowing?

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49. EEOC is responsible for doing what?
obtaining ownership by living on anothers property
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


50. What is not 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
ownership rights to property
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
criticism - use in satire - news report - use to educate