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Test your basic knowledge |
Business Law Yale
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Subjects
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law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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 protection does the 6th amendment provide?
mental state or intent part 2 of 2 for determining criminal liability
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
2. Sexual harassment is treated as what?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
sexual harassment is protected under title 7 because it effects genders differently in the workplace
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
3. The Berne Convention
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
10 years and it is renewable
criticism - use in satire - news report - use to educate
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
4. Meta tag example about terri welles
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
20 years from filing
hours of employment - conditions - age of workers
5. Necessity defense
birth - child placement - employee health - care for spouse - child - or parent - military duty
a deed that transfers interest in a life estate from one to another
criminal defense stating that a crime was necessary in preventing an even greater crime
can appeal - subject to new trial
6. Mens Rea
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
prohibits excessive bail and fines - cruel and unusual punishment
mental state or intent part 2 of 2 for determining criminal liability
must effectively try to acquire protection as well as keep the secret
7. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
conditional gifts that are only accepted upon the performance of marriage
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
8. 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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the right to enter onto another persons property with the intentions of removing something valuable
9. Can you be fired for whistle blowing?
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10. What is the difference between real and personal property?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the right to enter onto another persons property with the intentions of removing something valuable
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
11. Meta tags
mental state or intent part 2 of 2 for determining criminal liability
sufficient evidence
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
key words of a website that are used for search engines
12. Requirements of a bailement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
No - they are considered to be goods and is governed by the uniform commercial code
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
given exclusive possession and control over property - and knowingly accept responsibility
13. Difference between joint tenancy and tenancy in common?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
14. Triple amount of damages definition
treble damages
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a warranty that the buyer will not be disturbed in their possession of the land
15. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
the property that will benefit from a profit
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
16. What composes RICO?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
prohibits excessive bail and fines - cruel and unusual punishment
17. Collective mark
used by members of a cooperative organization to certify the quality of service or product
hours of employment - conditions - age of workers
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
18. How can someone legally acquire trade secrets?
secondary meaning
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
reverse engineer - go through garbage..
19. What is a profit under real property law?
agreement permitting use of a trademark
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
distinctive decor - menu - style - service of an offering
the right to enter onto another persons property with the intentions of removing something valuable
20. Strong Marks Case Example
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21. Mail Fraud Act of 1990 is what?
another persons right to make limited use of another persons real property without taking anything away from the property
key words of a website that are used for search engines
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
it is a federal crime to use the us postal service to defraud others on false pretenses
22. What is a covenant of quiet enjoyment?
given exclusive possession and control over property - and knowingly accept responsibility
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
owners of secret must try and protect - destroy garbage
a warranty that the buyer will not be disturbed in their possession of the land
23. What is a conveyance?
a deed that transfers interest in a life estate from one to another
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
multiple owners of real or personal property
key words of a website that are used for search engines
24. What protection does the 8th amendment provide?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
prohibits excessive bail and fines - cruel and unusual punishment
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
No - they are considered to be goods and is governed by the uniform commercial code
25. Tenancy in common
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
26. Concurrent ownership
multiple owners of real or personal property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
who has been using it first or filed for it first
27. Burglary
novel - useful - non obvious
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
10 year period renewable
breaking into a residence with the intent of performing a felony. this is a crime against property.
28. Purpose of criminal penalties?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
novel - useful - non obvious
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
29. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
property of one person rightfully in possession of another - custody
30. Commercial bribery example
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
multiple owners of real or personal property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
offering someone who works at a different firm money for their trade secrets
31. Facts to be used in the fair use standard are?
given exclusive possession and control over property - and knowingly accept responsibility
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
32. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
voluntarily parted with at the time - but then later tries to find it
entry of a plea - guilty/ not guilty
finder after obtaining a title
33. What is an implied warranty of habitability?
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared
test is originality - lasts life of creator - protection is automatic
property of one person rightfully in possession of another - custody
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
34. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
breaking into a residence with the intent of performing a felony. this is a crime against property.
ownership rights to property
intent when attached and will item be damaged because of removal? hard to determine
35. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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 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
mistake of fact
novel - useful - non obvious
36. Determining disability regarding with and without equipment?
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
the property that will benefit from a profit
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
37. When property is found that was mislaid who owns it?
work for a company with more than 50 employees - employed for a year - and must try to give notice
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
novel - useful - non obvious
owner of premise where it was found - after good title is acquired
38. Mislaid property
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes
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
voluntarily parted with at the time - but then later tries to find it
owners of secret must try and protect - destroy garbage
39. Are commercial flights permitted to fly over private property?
voluntarily parted with at the time - but then later tries to find it
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
40. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the right to enter onto another persons property with the intentions of removing something valuable
the corporation could have prevented such acts
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
owner of premise where it was found - after good title is acquired
41. How are trade secrets treated and protected?
10 year period renewable
owners of secret must try and protect - destroy garbage
mental state or intent part 2 of 2 for determining criminal liability
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
42. Drake V. Walton County regarding the county taking 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.
key words of a website that are used for search engines
voluntarily parted with at the time - but then later tries to find it
work for a company with more than 50 employees - employed for a year - and must try to give notice
43. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
criticism - use in satire - news report - use to educate
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
44. Embezzlement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
fraudulent miss-use of funds that have been entrusted to them
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
45. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
mistake of fact
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
46. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
given exclusive possession and control over property - and knowingly accept responsibility
47. Gold club corporate criminal liability example?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
criminal defense stating that a crime was necessary in preventing an even greater crime
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
48. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - but if they find any other reason - like you have been late often than you'll probably get fired
49. Under the americans with disabilities act - when can a disability be discussed?
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50. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
sufficient evidence
the property that is burdened by a profit
arises when customers begin to associate a specific term or phrase with specific trademarked items
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