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 conveyance?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a deed that transfers interest in a life estate from one to another
test is originality - lasts life of creator - protection is automatic
No - they are considered to be goods and is governed by the uniform commercial code


2. Example of an exception to the at will doctrine based on contract theory
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
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
given exclusive possession and control over property - and knowingly accept responsibility


3. Napster example?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
record of such condition - being regarded as actually having a condition


4. What conditions are covered by the family medical leave act?
streamlines and standardizes the processes for applying for a trademark abroad
birth - child placement - employee health - care for spouse - child - or parent - military duty
record of such condition - being regarded as actually having a condition
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


5. What uses fall under the fair use doctrine?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
criticism - use in satire - news report - use to educate
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.
process of hiding the source of illegally acquired funds


6. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
cannot be tried again - no appeal
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


7. Indictment requires
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
sufficient evidence
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
the right to enter onto another persons property with the intentions of removing something valuable


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

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9. What is not copyrightable?
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
property of one person rightfully in possession of another - custody
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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


10. Members of the TRIPS agreement cannot do what?
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
entry of a plea - guilty/ not guilty
signed by hundreds of countries that establishes standards for the international protection of intellectual property
members cannot give nationals favorable treatment


11. Americans with disabilities act accomplishes what?
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
prohibits excessive bail and fines - cruel and unusual punishment
the corporation could have prevented such acts
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


12. Bailments are?
property of one person rightfully in possession of another - custody
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
who has been using it first or filed for it first


13. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
it rewards citizens for putting land to good use rather than just sitting on expanses of property
multiple owners of real or personal property
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. What is the result of a mistrial or a hung jury?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


15. What is a warranty deed?
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
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
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


16. Mistake of fact criminal defense example

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17. Constructive bailments are?

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18. What is a profit under real property law?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


19. 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.
20 years from filing
a physical or mental impairment that substantially limits one or more major life activities
No - property gifts are common


20. Age discrimination achieves what?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
reverse engineer - go through garbage..
criticism - use in satire - news report - use to educate
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


21. In order for a disability to be legally recognized what must exist?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a deed that transfers interest in a life estate from one to another


22. 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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23. What is retaliatory discharge?
the corporation could have prevented such acts
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
property of one person rightfully in possession of another - custody


24. Robbery
owners of secret must try and protect - destroy garbage
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
prohibits excessive bail and fines - cruel and unusual punishment


25. What kind of mistake can be used as criminal defense?
mistake of fact
No - they are considered to be goods and is governed by the uniform commercial code
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
taking property away from the owner with the intent of permanently removing them of ownership


26. In the united states who gets the patent if there is a conflict?
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
first person to invent not file for patent
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
cannot be tried again - no appeal


27. Examples of collective marks
No - they are considered to be goods and is governed by the uniform commercial code
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the corporation could have prevented such acts
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


28. 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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
treble damages
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


29. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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


30. Outcome of unanimous not guilty?
criminal defense stating that a crime was necessary in preventing an even greater crime
cannot be tried again - no appeal
given exclusive possession and control over property - and knowingly accept responsibility
test is originality - lasts life of creator - protection is automatic


31. Secondary Meaning Example frosty treats
the right to enter onto another persons property with the intentions of removing something valuable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


32. Workers comp and negligence

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33. Patent Requirements
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
finder after obtaining a title
novel - useful - non obvious
ownership rights to property


34. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
secondary meaning
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


35. The madrid protocol accomplishes what?
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
intent - delivery - acceptance
agreement permitting use of a trademark
streamlines and standardizes the processes for applying for a trademark abroad


36. What protection does the 8th amendment provide?
secondary meaning
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
conditional gifts that are only accepted upon the performance of marriage
prohibits excessive bail and fines - cruel and unusual punishment


37. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
secondary meaning
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


38. How long is a copyright protected? for a corporation?
criminal defense stating that a crime was necessary in preventing an even greater crime
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
test is originality - lasts life of creator - protection is automatic
first person to invent not file for patent


39. Discrimination during the hiring process is acceptable when?
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


40. What is a covenant of quiet enjoyment?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
a warranty that the buyer will not be disturbed in their possession of the land


41. Are crops real property when they are sold?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
No - they are considered to be goods and is governed by the uniform commercial code
breaking into a residence with the intent of performing a felony. this is a crime against property.


42. Meta tag example about terri welles
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
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
agreement permitting use of a trademark
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


43. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


44. How can you come to possess land through adverse possession?
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
intent - delivery - acceptance
signed by hundreds of countries that establishes standards for the international protection of intellectual 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


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

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46. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a deed that transfers interest in a life estate from one to another
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
owner of premise where it was found - after good title is acquired


47. Certification mark
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
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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


48. Drake V. Walton County regarding the county taking property
mistake of fact
members cannot give nationals favorable treatment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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.


49. In order to recieve protection what must one do?
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
must effectively try to acquire protection as well as keep the secret


50. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
the corporation could have prevented such acts
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted