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. Meta tags
probable cause
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
key words of a website that are used for search engines
intent - delivery - acceptance

2. Triple amount of damages definition
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
treble damages
the property that is burdened by a profit
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

3. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
prohibits excessive bail and fines - cruel and unusual punishment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

4. Commercial bribery example
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
cannot be tried again - no appeal
offering someone who works at a different firm money for their trade secrets
conditional gifts that are only accepted upon the performance of marriage

5. What is not copyrightable?
generally the use of a software to perform a job or deliver product
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can appeal - subject to new trial

6. Arraignment is what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
entry of a plea - guilty/ not guilty
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
race - sex - national origin - color - religion

7. Example of an exception to the at will doctrine based on tort theory
voluntarily parted with at the time - but then later tries to find it
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
key words of a website that are used for search engines
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

8. Country club case
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
must effectively try to acquire protection as well as keep the secret
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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

9. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
any party can terminate an employment arrangement at anytime no questions asked

10. 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?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
offering someone who works at a different firm money for their trade secrets
classic stone corp. owns a profit in gross - and cannot transfer this right to another
novel - useful - non obvious

11. What is the purpose of the adverse possession doctrine?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

12. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
10 years and it is renewable
No - property gifts are common
reverse engineer - go through garbage..

13. Sambucks vs. starbucks
voluntarily parted with at the time - but then later tries to find it
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
allows for use of copyrighted material under certain guidelines
must effectively try to acquire protection as well as keep the secret

14. Special Bailments
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
key words of a website that are used for search engines
owner of premise where it was found - after good title is acquired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

15. What is the determining issue when proving entrapment?
birth - child placement - employee health - care for spouse - child - or parent - military duty
sexual harassment is protected under title 7 because it effects genders differently in the workplace
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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

16. KSR Internation V. Teleflex INC. regarding what is patentable?

17. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
distinctive decor - menu - style - service of an offering
10 year period renewable
agreement permitting use of a trademark

18. What is a covenant of quiet enjoyment?
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
this for that - sexual favors - general conduct however one incident is not enough
a warranty that the buyer will not be disturbed in their possession of the land
race - sex - national origin - color - religion

19. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
distinctive decor - menu - style - service of an offering

20. Meta tag example about terri welles
property of one person rightfully in possession of another - custody
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

21. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
hours of employment - conditions - age of workers

22. Necessity defense
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
criminal defense stating that a crime was necessary in preventing an even greater crime
streamlines and standardizes the processes for applying for a trademark abroad
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

23. 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?

24. Reverse discrimination example firefighters
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
cannot be tried again - no appeal
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
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

25. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
used by members of a cooperative organization to certify the quality of service or product
criminal defense stating that a crime was necessary in preventing an even greater crime
process of hiding the source of illegally acquired funds

26. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate
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
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

27. What is protected expression?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

28. Engagement rings are considered to be?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
conditional gifts that are only accepted upon the performance of marriage

29. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

30. Dominion
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ownership rights to property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
intent when attached and will item be damaged because of removal? hard to determine

31. Fair use is limited to?
the property that will benefit from a profit
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

32. Mistake of fact criminal defense example

33. Title VII prevents discrimination in?

34. Determining disability regarding with and without equipment?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
conditional gifts that are only accepted upon the performance of marriage

35. What could be considered as sexual harassment in the work place
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
secondary meaning
this for that - sexual favors - general conduct however one incident is not enough
generally the use of a software to perform a job or deliver product

36. In order to recieve protection what must one do?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
must effectively try to acquire protection as well as keep the secret

37. Patents allow for the owner to?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
secondary meaning
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

38. Reasonable accommodation requirements by the ADA
ownership rights to property
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
the property that is burdened by a profit
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

39. What are the requirements for making a gift an effective transfer of ownership?
process of hiding the source of illegally acquired funds
10 year period renewable
intent - delivery - acceptance
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

40. Fair use doctrine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
allows for use of copyrighted material under certain guidelines
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

41. Are commercial flights permitted to fly over private property?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
another persons right to make limited use of another persons real property without taking anything away from the property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

42. What is an easement?
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
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
another persons right to make limited use of another persons real property without taking anything away from the property
record of such condition - being regarded as actually having a condition

43. Requirements of a bailement
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
given exclusive possession and control over property - and knowingly accept responsibility
breaking into a residence with the intent of performing a felony. this is a crime against property.

44. Mail Fraud Act of 1990 is what?
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses
the right to enter onto another persons property with the intentions of removing something valuable
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

45. Tenancy in common
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

46. What happens when land is sold that is growing crops?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
entry of a plea - guilty/ not guilty
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
crops is considered to be real property and should be considered in the sale of such property.

47. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
must effectively try to acquire protection as well as keep the secret
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
the corporation could have prevented such acts
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

48. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
treble damages
key words of a website that are used for search engines

49. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
must effectively try to acquire protection as well as keep the secret
entry of a plea - guilty/ not guilty
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. Bailments are?
taking property away from the owner with the intent of permanently removing them of ownership
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
property of one person rightfully in possession of another - custody
sufficient evidence