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. EEOC is responsible for doing what?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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


2. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
first person to invent not file for patent
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.
offering someone who works at a different firm money for their trade secrets


3. What is the result of a mistrial or a hung jury?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
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
crops is considered to be real property and should be considered in the sale of such property.


4. What is a profit under real property law?
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.
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
No - but if they find any other reason - like you have been late often than you'll probably get fired
the right to enter onto another persons property with the intentions of removing something valuable


5. Are compilation of facts copyrightable? case example
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


6. Workers comp and negligence

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7. Possible ruling interpretations for accession cases
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
this for that - sexual favors - general conduct however one incident is not enough
streamlines and standardizes the processes for applying for a trademark abroad


8. What is a Deed
prohibits excessive bail and fines - cruel and unusual punishment
mental state or intent part 2 of 2 for determining criminal liability
document by which title to property is passed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


9. How can you come to possess land through adverse possession?
hours of employment - conditions - age of workers
key words of a website that are used for search engines
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
voluntarily parted with at the time - but then later tries to find it


10. Requirements of a bailement
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
given exclusive possession and control over property - and knowingly accept responsibility


11. 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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12. The WARN act calls for what?
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
race - sex - national origin - color - religion
owners of secret must try and protect - destroy garbage
a warranty that the buyer will not be disturbed in their possession of the land


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

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14. What composes RICO?
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
members cannot give nationals favorable treatment
document by which title to property is passed
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


15. What are the requirements for making a gift an effective transfer of ownership?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
intent - delivery - acceptance
work for a company with more than 50 employees - employed for a year - and must try to give notice
a warranty that the buyer will not be disturbed in their possession of the land


16. 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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
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


17. Joint tenancy
a deed that transfers interest in a life estate from one to another
entry of a plea - guilty/ not guilty
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


18. Remedies for patent infringement
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
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


19. Significance of coca-cola V. koke Co of America
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
10 years and it is renewable
multiple owners of real or personal property
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


20. In real property law who is considered to be the servient estate?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that is burdened by a profit
record of such condition - being regarded as actually having a condition


21. Special Bailments
this for that - sexual favors - general conduct however one incident is not enough
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
voluntarily parted with at the time - but then later tries to find it
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


22. What is a license considered to be in real property law?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
crops is considered to be real property and should be considered in the sale of such property.


23. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
first person to invent not file for patent
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


24. What happens when land is sold that is growing crops?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
crops is considered to be real property and should be considered in the sale of such property.


25. What composes an 'at will doctrine'
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.
any party can terminate an employment arrangement at anytime no questions asked
members cannot give nationals favorable treatment
10 year period renewable


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

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27. Country club case
voluntarily parted with at the time - but then later tries to find it
the corporation could have prevented such acts
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


28. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
No - but if they find any other reason - like you have been late often than you'll probably get fired
No - they are considered to be goods and is governed by the uniform commercial code


29. When property is found who gets property when it was abondoned?
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
crops is considered to be real property and should be considered in the sale of such property.
race - sex - national origin - color - religion
finder after obtaining a title


30. Mislaid property
voluntarily parted with at the time - but then later tries to find it
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


31. Sambucks vs. starbucks
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
hours of employment - conditions - age of workers
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


32. Concurrent ownership
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
multiple owners of real or personal 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
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


33. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a physical or mental impairment that substantially limits one or more major life activities
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


34. In real property law who is considered to be the dominant estate?
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
record of such condition - being regarded as actually having a condition
who has been using it first or filed for it first
the property that will benefit from a profit


35. What is an easement by prescription?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
treble damages
intent - delivery - acceptance


36. Outcome of unanimous not guilty?
10 year period renewable
ownership rights to property
another persons right to make limited use of another persons real property without taking anything away from the property
cannot be tried again - no appeal


37. Example of an exception to the at will doctrine based on contract theory
cannot be tried again - no appeal
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


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

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39. Tenancy in common
owners of secret must try and protect - destroy garbage
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


40. What are some criminal defenses
crops is considered to be real property and should be considered in the sale of such property.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


41. Are crops real property when they are sold?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
No - they are considered to be goods and is governed by the uniform commercial code
crops is considered to be real property and should be considered in the sale of such property.
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


42. What is an easement?
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
agreement permitting use of a trademark
another persons right to make limited use of another persons real property without taking anything away from the property
10 year period renewable


43. 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?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
classic stone corp. owns a profit in gross - and cannot transfer this right to another
a warranty that the buyer will not be disturbed in their possession of the land


44. Steps to determining trademark infringement?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
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


45. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
20 years from filing


46. When property is found that was mislaid who owns it?
race - sex - national origin - color - religion
owner of premise where it was found - after good title is acquired
entry of a plea - guilty/ not guilty
first person to invent not file for patent


47. Dominion
ownership rights to property
prohibits excessive bail and fines - cruel and unusual punishment
streamlines and standardizes the processes for applying for a trademark abroad
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


48. What must a deed possess to be valid?

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49. Arrest requires
generally the use of a software to perform a job or deliver product
probable cause
a warranty that the buyer will not be disturbed in their possession of the land
conditional gifts that are only accepted upon the performance of marriage


50. What is protected expression?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
criminal defense stating that a crime was necessary in preventing an even greater crime