Test your basic knowledge |

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. 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
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 - but if they find any other reason - like you have been late often than you'll probably get fired
breaking into a residence with the intent of performing a felony. this is a crime against property.

2. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
reverse engineer - go through garbage..
any party can terminate an employment arrangement at anytime no questions asked

3. Napster example?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
given exclusive possession and control over property - and knowingly accept responsibility
another persons right to make limited use of another persons real property without taking anything away from the property

4. Generic terms can never have?
secondary meaning
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence

5. Fair use is limited to?
property of one person rightfully in possession of another - custody
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

6. What are some criminal defenses
criticism - use in satire - news report - use to educate
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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.
entry of a plea - guilty/ not guilty

7. What terminates an easement?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
allows for use of copyrighted material under certain guidelines
fraudulent miss-use of funds that have been entrusted to them
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

8. How long is a trademark protected? is it renewable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
race - sex - national origin - color - religion
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
10 years and it is renewable

9. The WARN act calls for what?
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

10. Possible ruling interpretations for accession cases
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
a warranty that the buyer will not be disturbed in their possession of the land
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
used by members of a cooperative organization to certify the quality of service or product

11. EEOC is responsible for doing what?
members cannot give nationals favorable treatment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

12. What is a conveyance?
a deed that transfers interest in a life estate from one to another
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
allows for use of copyrighted material under certain guidelines
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

13. Indictment requires
sufficient evidence
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
intent when attached and will item be damaged because of removal? hard to determine

14. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
intent - delivery - acceptance
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

15. Patents allow for the owner to?
arises when customers begin to associate a specific term or phrase with specific trademarked items
mental state or intent part 2 of 2 for determining criminal liability
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that is burdened by a profit

16. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the corporation could have prevented such acts
cannot be tried again - no appeal
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

17. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
mental state or intent part 2 of 2 for determining criminal liability

18. Mistake of fact criminal defense example
who has been using it first or filed for it first
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

19. What uses fall under the fair use doctrine?
any party can terminate an employment arrangement at anytime no questions asked
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
criticism - use in satire - news report - use to educate
ownership rights to property

20. Outcome of unanimous not guilty?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
cannot be tried again - no appeal
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
10 years and it is renewable

21. Dominion
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
owners of secret must try and protect - destroy garbage
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

22. Meta tags
key words of a website that are used for search engines
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
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

23. Workers comp and negligence
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
intent - delivery - acceptance
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

24. How long are patents protected?
20 years from filing
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

25. The Berne Convention
distinctive decor - menu - style - service of an offering
first person to invent not file for patent
hours of employment - conditions - age of workers
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

26. Significance of coca-cola V. koke Co of America
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

27. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
birth - child placement - employee health - care for spouse - child - or parent - military duty
secondary meaning
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

28. Attorney client privilege accomplishes what?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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
key words of a website that are used for search engines

29. Drake V. Walton County regarding the county taking property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a physical or mental impairment that substantially limits one or more major life activities
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
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.

30. Are compilation of facts copyrightable? case example
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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 rewards citizens for putting land to good use rather than just sitting on expanses of property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

31. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
a deed that transfers interest in a life estate from one to another
owner of premise where it was found - after good title is acquired
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

32. Members of the TRIPS agreement cannot do what?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
members cannot give nationals favorable treatment
No - property gifts are common
secondary meaning

33. Arrest requires
offering someone who works at a different firm money for their trade secrets
process of hiding the source of illegally acquired funds
probable cause
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

34. What is a license considered to be in real property law?
intent when attached and will item be damaged because of removal? hard to determine
probable cause
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
treble damages

35. In order to prove discrimination in hiring one has to prove?
key words of a website that are used for search engines
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
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

36. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

37. Embezzlement
test is originality - lasts life of creator - protection is automatic
fraudulent miss-use of funds that have been entrusted to them
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
obtaining ownership by living on anothers property

38. Secondary Meaning Example frosty treats
treble damages
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
document by which title to property is passed
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

39. Candyland example?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
hours of employment - conditions - age of workers
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

40. Do Deeds require consideration to be valid?
reverse engineer - go through garbage..
No - property gifts are common
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

41. Estray statutes encourage what?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
multiple owners of real or personal property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

42. Sexual harassment is treated as what?
obtaining ownership by living on anothers property
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
sexual harassment is protected under title 7 because it effects genders differently in the workplace

43. What is an easement by prescription?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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

44. What could be considered as sexual harassment in the work place
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
this for that - sexual favors - general conduct however one incident is not enough
signed by hundreds of countries that establishes standards for the international protection of intellectual property
given exclusive possession and control over property - and knowingly accept responsibility

45. Concurrent ownership
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
multiple owners of real or personal property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

46. Discrimination during the hiring process is acceptable when?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
race - sex - national origin - color - religion

47. What kind of mistake can be used as criminal defense?
crops is considered to be real property and should be considered in the sale of such 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
mistake of fact
work for a company with more than 50 employees - employed for a year - and must try to give notice

48. Business process patents involve?
breaking into a residence with the intent of performing a felony. this is a crime against property.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
arises when customers begin to associate a specific term or phrase with specific trademarked items
generally the use of a software to perform a job or deliver product

49. What composes RICO?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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. Title VII prevents discrimination in?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
members cannot give nationals favorable treatment
key words of a website that are used for search engines

Test your basic knowledge |

Business Law Yale

Link to This Test

Related Subjects