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 profit under real property law?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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 right to enter onto another persons property with the intentions of removing something valuable
the property that is burdened by a profit


2. The madrid protocol accomplishes what?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
members cannot give nationals favorable treatment
streamlines and standardizes the processes for applying for a trademark abroad
agreement permitting use of a trademark


3. Mislaid property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
voluntarily parted with at the time - but then later tries to find it
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


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

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5. Sambucks vs. starbucks
allows for use of copyrighted material under certain guidelines
No - property gifts are common
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property


6. What are some criminal defenses
key words of a website that are used for search engines
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fraudulent miss-use of funds that have been entrusted to them
the property that is burdened by a profit


7. Attorney client privilege accomplishes what?
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
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
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
criticism - use in satire - news report - use to educate


8. Derivative work
mental state or intent part 2 of 2 for determining criminal liability
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 disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


9. Strong Marks Case Example

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10. Reverse discrimination example firefighters
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


11. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
distinctive decor - menu - style - service of an offering
given exclusive possession and control over property - and knowingly accept responsibility
property of one person rightfully in possession of another - custody


12. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
distinctive decor - menu - style - service of an offering
intent when attached and will item be damaged because of removal? hard to determine


13. Bailments are?
crops is considered to be real property and should be considered in the sale of such property.
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
property of one person rightfully in possession of another - custody
allows for use of copyrighted material under certain guidelines


14. Copyright requirements
test is originality - lasts life of creator - protection is automatic
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
ownership rights to property
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


15. What is the determining issue when proving entrapment?
reverse engineer - go through garbage..
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


16. TRIPS agreement
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
cannot be tried again - no appeal


17. Is it a fixture?
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
intent when attached and will item be damaged because of removal? hard to determine
must effectively try to acquire protection as well as keep the secret
crops is considered to be real property and should be considered in the sale of such property.


18. What is an easement by implication?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property


19. What uses fall under the fair use doctrine?
generally the use of a software to perform a job or deliver product
criticism - use in satire - news report - use to educate
another persons right to make limited use of another persons real property without taking anything away from the property
any party can terminate an employment arrangement at anytime no questions asked


20. Title VII protected categories?
can appeal - subject to new trial
race - sex - national origin - color - religion
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.
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


21. Mail fraud act example senator?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
crops is considered to be real property and should be considered in the sale of such property.
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


22. How is the right to use a trademark determined?
No - but if they find any other reason - like you have been late often than you'll probably get fired
finder after obtaining a title
reverse engineer - go through garbage..
who has been using it first or filed for it first


23. Commercial bribery example
20 years from filing
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
offering someone who works at a different firm money for their trade secrets
criminal defense stating that a crime was necessary in preventing an even greater crime


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

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25. Requirements of a bailement
criticism - use in satire - news report - use to educate
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
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
given exclusive possession and control over property - and knowingly accept responsibility


26. Mail Fraud Act of 1990 is what?
any party can terminate an employment arrangement at anytime no questions asked
it is a federal crime to use the us postal service to defraud others on false pretenses
streamlines and standardizes the processes for applying for a trademark abroad
a physical or mental impairment that substantially limits one or more major life activities


27. Remedies for patent infringement
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
members cannot give nationals favorable treatment
cannot be tried again - no appeal
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


28. How long is a trademark protected? is it renewable
sufficient evidence
record of such condition - being regarded as actually having a condition
10 years and it is renewable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


29. What are the requirements for adverse possession to be recognized?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
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
members cannot give nationals favorable treatment


30. 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
owner of premise where it was found - after good title is acquired
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


31. Determining disability regarding with and without equipment?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
No - but if they find any other reason - like you have been late often than you'll probably get fired
voluntarily parted with at the time - but then later tries to find it
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


32. Workers comp and negligence

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33. Tenancy in common
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
classic stone corp. owns a profit in gross - and cannot transfer this right to another
key words of a website that are used for search engines


34. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
generally the use of a software to perform a job or deliver product
secondary meaning


35. The Berne Convention
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


36. Do Deeds require consideration to be valid?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
No - property gifts are common
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


37. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
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.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
sally would possess an easement in this case - the right to travel across property owner peter's land


38. What is the result of a mistrial or a hung jury?
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
must effectively try to acquire protection as well as keep the secret
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
ownership rights to property


39. What kind of mistake can be used as criminal defense?
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
mistake of fact
multiple owners of real or personal property


40. Outcome of unanimous not guilty?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
birth - child placement - employee health - care for spouse - child - or parent - military duty
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
cannot be tried again - no appeal


41. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
signed by hundreds of countries that establishes standards for the international protection of intellectual property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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


42. Larceny
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
race - sex - national origin - color - religion


43. Mistake of fact criminal defense example

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44. Patent Requirements
novel - useful - non obvious
any party can terminate an employment arrangement at anytime no questions asked
generally the use of a software to perform a job or deliver product
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


45. What is protected expression?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
must effectively try to acquire protection as well as keep the secret
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
10 year period renewable


46. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items


47. What composes RICO?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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


48. When property is found who gets property when it was abondoned?
sally would possess an easement in this case - the right to travel across property owner peter's land
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
finder after obtaining a title


49. Reasonable accommodation requirements by the ADA
10 year period renewable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


50. Necessity defense
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
criminal defense stating that a crime was necessary in preventing an even greater crime
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused