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. Commercial bribery example
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
offering someone who works at a different firm money for their trade secrets
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


2. What composes RICO?
record of such condition - being regarded as actually having a condition
a warranty that the buyer will not be disturbed in their possession of the land
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


3. What protection does the 6th amendment provide?
offering someone who works at a different firm money for their trade secrets
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the right to enter onto another persons property with the intentions of removing something valuable
test is originality - lasts life of creator - protection is automatic


4. Darst V. Interstate Brands Corp. regarding family and medical leave rights
crops is considered to be real property and should be considered in the sale of such property.
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
the property that will benefit from a profit
birth - child placement - employee health - care for spouse - child - or parent - military duty


5. In order to prove discrimination in hiring one has to prove?
agreement permitting use of a trademark
treble damages
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
another persons right to make limited use of another persons real property without taking anything away from the property


6. When property is found that was mislaid who owns it?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
arises when customers begin to associate a specific term or phrase with specific trademarked items
finder after obtaining a title
owner of premise where it was found - after good title is acquired


7. Meta tags
mental state or intent part 2 of 2 for determining criminal liability
key words of a website that are used for search engines
criticism - use in satire - news report - use to educate
finder after obtaining a title


8. What is a conveyance?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
conditional gifts that are only accepted upon the performance of marriage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a deed that transfers interest in a life estate from one to another


9. What must a deed possess to be valid?

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10. Reverse discrimination example firefighters
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
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
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
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


11. Can you be fired for whistle blowing?

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12. Copyright requirements
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
test is originality - lasts life of creator - protection is automatic
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


13. Trademark dilution
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
distinctive decor - menu - style - service of an offering
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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


14. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


15. Candyland 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
test is originality - lasts life of creator - protection is automatic
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
sexual harassment is protected under title 7 because it effects genders differently in the workplace


16. Meta tag example about terri welles
intent when attached and will item be damaged because of removal? hard to determine
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


17. Bailments are?
property of one person rightfully in possession of another - custody
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


18. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
novel - useful - non obvious
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
finder after obtaining a title


19. How is the right to use a trademark determined?
test is originality - lasts life of creator - protection is automatic
sexual harassment is protected under title 7 because it effects genders differently in the workplace
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
who has been using it first or filed for it first


20. Burglary
first person to invent not file for patent
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


21. Napster example?
process of hiding the source of illegally acquired funds
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
multiple owners of real or personal property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


22. Discrimination during the hiring process is acceptable when?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
mistake of fact
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


23. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
probable cause
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the property that is burdened by a profit


24. Sambucks vs. starbucks
the property that is burdened by a profit
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


25. What is legally a disability?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
intent when attached and will item be damaged because of removal? hard to determine
a physical or mental impairment that substantially limits one or more major life activities
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


26. Fair labor standards act covers issues such as?
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
hours of employment - conditions - age of workers
intent - delivery - acceptance
10 year period renewable


27. Example of how an idea can be inseparable from its expression

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28. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
intent when attached and will item be damaged because of removal? hard to determine
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


29. Business process patents involve?
voluntarily parted with at the time - but then later tries to find it
cannot be tried again - no appeal
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally the use of a software to perform a job or deliver product


30. What determines likeliness of confusion?
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
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
agreement permitting use of a trademark


31. Tenancy in common
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
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
ownership rights to property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


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

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33. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
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
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
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


34. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
first person to invent not file for patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


35. What uses fall under the fair use doctrine?
crops is considered to be real property and should be considered in the sale of such property.
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
criticism - use in satire - news report - use to educate


36. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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37. EEOC is responsible for doing what?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
fraudulent miss-use of funds that have been entrusted to them
the property that is burdened by a profit
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


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

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39. When property is found who gets property when it was abondoned?
must effectively try to acquire protection as well as keep the secret
novel - useful - non obvious
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
finder after obtaining a title


40. Title VII protected categories?
race - sex - national origin - color - religion
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
document by which title to property is passed
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


41. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


42. Reasonable accommodation requirements by the ADA
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property


43. Patent Requirements
any party can terminate an employment arrangement at anytime no questions asked
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the corporation could have prevented such acts
novel - useful - non obvious


44. Country club case
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
probable cause
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


45. Workers comp and negligence

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46. What terminates an easement?
No - they are considered to be goods and is governed by the uniform commercial code
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
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


47. How long is a trademark protected? is it renewable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
10 years and it is renewable
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
fraudulent miss-use of funds that have been entrusted to them


48. Arrest requires
who has been using it first or filed for it first
No - they are considered to be goods and is governed by the uniform commercial code
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
probable cause


49. Significance of coca-cola V. koke Co of America
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
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
obtaining ownership by living on anothers property
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


50. Outcome of a unanimous guilty verdict?
secondary meaning
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
can appeal - subject to new trial
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