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 not copyrightable?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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


2. Tenancy by the entirety - or community ownership
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
20 years from filing
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


3. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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
the right to enter onto another persons property with the intentions of removing something valuable
birth - child placement - employee health - care for spouse - child - or parent - military duty


4. Estray statutes encourage what?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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


5. Outcome of a unanimous guilty verdict?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
can appeal - subject to new trial
20 years from filing


6. What is a covenant of quiet enjoyment?
cannot be tried again - no appeal
a warranty that the buyer will not be disturbed in their possession of the land
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another


7. The Berne Convention
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
a physical or mental impairment that substantially limits one or more major life activities


8. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
classic stone corp. owns a profit in gross - and cannot transfer this right to another
10 year period renewable


9. What is a Deed
agreement permitting use of a trademark
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
document by which title to property is passed
the property that is burdened by a profit


10. Mistake of fact criminal defense example

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11. TRIPS agreement
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
No - they are considered to be goods and is governed by the uniform commercial code
taking property away from the owner with the intent of permanently removing them of ownership
signed by hundreds of countries that establishes standards for the international protection of intellectual property


12. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
this for that - sexual favors - general conduct however one incident is not enough


13. Are crops real property when they are sold?
distinctive decor - menu - style - service of an offering
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
No - they are considered to be goods and is governed by the uniform commercial code


14. What is retaliatory discharge?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
owners of secret must try and protect - destroy garbage
crops is considered to be real property and should be considered in the sale of such property.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


15. How is the right to use a trademark determined?
ownership rights to property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
who has been using it first or filed for it first


16. Triple amount of damages definition
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.
mistake of fact
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
treble damages


17. How long are patents protected?
another persons right to make limited use of another persons real property without taking anything away from the property
20 years from filing
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


18. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
allows for use of copyrighted material under certain guidelines
used by members of a cooperative organization to certify the quality of service or product
secondary meaning
conditional gifts that are only accepted upon the performance of marriage


19. What kind of mistake can be used as criminal defense?
entry of a plea - guilty/ not guilty
mistake of fact
mental state or intent part 2 of 2 for determining criminal liability
first person to invent not file for patent


20. What must a deed possess to be valid?

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21. Mail fraud act example senator?
No - they are considered to be goods and is governed by the uniform commercial code
classic stone corp. owns a profit in gross - and cannot transfer this right to another
hours of employment - conditions - age of workers
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


22. Patent Requirements
novel - useful - non obvious
it is a federal crime to use the us postal service to defraud others on false pretenses
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
given exclusive possession and control over property - and knowingly accept responsibility


23. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


24. Can you be fired for whistle blowing?

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25. Necessity defense
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the 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
criminal defense stating that a crime was necessary in preventing an even greater crime
it is a federal crime to use the us postal service to defraud others on false pretenses


26. When property is found that was mislaid who owns it?
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
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
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
owner of premise where it was found - after good title is acquired


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

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28. What is the purpose of the adverse possession doctrine?
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
sufficient evidence
it rewards citizens for putting land to good use rather than just sitting on expanses of property
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


29. 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
finder after obtaining a title
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


30. What is an easement by prescription?
obtaining ownership by living on anothers 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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
cannot be tried again - no appeal


31. In the united states who gets the patent if there is a conflict?
the right to enter onto another persons property with the intentions of removing something valuable
No - property gifts are common
first person to invent not file for patent
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. Difference between joint tenancy and tenancy in common?
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
document by which title to property is passed
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


33. Patents allow for the owner to?
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
members cannot give nationals favorable treatment
must effectively try to acquire protection as well as keep the secret
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


34. Strong Marks Case Example

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35. What protection does the 6th amendment provide?
10 year period renewable
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


36. Sambucks vs. starbucks
probable cause
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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.


37. Members of the TRIPS agreement cannot do what?
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
race - sex - national origin - color - religion
birth - child placement - employee health - care for spouse - child - or parent - military duty
members cannot give nationals favorable treatment


38. How are trade secrets treated and protected?
first person to invent not file for patent
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
owners of secret must try and protect - destroy garbage


39. License in trademark law?
owners of secret must try and protect - destroy garbage
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
agreement permitting use of a trademark


40. What is an easement?
the property that will benefit from a profit
the right to enter onto another persons property with the intentions of removing something valuable
another persons right to make limited use of another persons real property without taking anything away from the property
given exclusive possession and control over property - and knowingly accept responsibility


41. Tenancy in common
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
signed by hundreds of countries that establishes standards for the international protection of intellectual property


42. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
work for a company with more than 50 employees - employed for a year - and must try to give notice
sally would possess an easement in this case - the right to travel across property owner peter's land
process of hiding the source of illegally acquired funds


43. When property is found who gets property when it was abondoned?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title
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


44. Examples of collective marks
document by which title to property is passed
taking property away from the owner with the intent of permanently removing them of ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


45. Responsible corporate officer doctrine?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
it is a federal crime to use the us postal service to defraud others on false pretenses


46. What is a job offer?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


47. What is a conveyance?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a deed that transfers interest in a life estate from one to another
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


48. Facts to be used in the fair use standard are?
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
this for that - sexual favors - general conduct however one incident is not enough
secondary meaning
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


49. What is a profit under real property law?
voluntarily parted with at the time - but then later tries to find it
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
the right to enter onto another persons property with the intentions of removing something valuable
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


50. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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