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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. How can you come to possess land through adverse possession?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
voluntarily parted with at the time - but then later tries to find it

2. Indictment requires
sufficient evidence
a deed that transfers interest in a life estate from one to another
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

3. What determines likeliness of confusion?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
members cannot give nationals favorable treatment

4. What is a conveyance?
the corporation could have prevented such acts
20 years from filing
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 deed that transfers interest in a life estate from one to another

5. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
agreement permitting use of a trademark

6. Can you be fired for whistle blowing?

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7. Constructive bailments are?

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8. In real property law who is considered to be the servient estate?
a warranty that the buyer will not be disturbed in their possession of the land
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
the property that is burdened by a profit

9. Fair use is limited to?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

10. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
owners of secret must try and protect - destroy garbage
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
voluntarily parted with at the time - but then later tries to find it

11. Triple amount of damages definition
streamlines and standardizes the processes for applying for a trademark abroad
novel - useful - non obvious
treble damages
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

12. Arraignment is what?
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
entry of a plea - guilty/ not guilty
breaking into a residence with the intent of performing a felony. this is a crime against property.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

13. Money laundering
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
process of hiding the source of illegally acquired funds

14. Outcome of a unanimous guilty verdict?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
can appeal - subject to new trial
probable cause
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

15. What composes RICO?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
No - property gifts are common
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
this for that - sexual favors - general conduct however one incident is not enough

16. Robbery
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
race - sex - national origin - color - religion
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing

17. Meta tag example about terri welles
owner of premise where it was found - after good title is acquired
can appeal - subject to new trial
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

18. EEOC is responsible for doing what?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
must effectively try to acquire protection as well as keep the secret
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

19. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
No - they are considered to be goods and is governed by the uniform commercial code

20. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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

21. License in trademark law?
10 years and it is renewable
owners of secret must try and protect - destroy garbage
agreement permitting use of a trademark
the property that will benefit from a profit

22. Copyright requirements
No - they are considered to be goods and is governed by the uniform commercial code
sufficient evidence
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
test is originality - lasts life of creator - protection is automatic

23. Are compilation of facts copyrightable? case example
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

24. Concurrent ownership
record of such condition - being regarded as actually having a condition
multiple owners of real or personal property
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
allows for use of copyrighted material under certain guidelines

25. Cybersquatting
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
crops is considered to be real property and should be considered in the sale of such property.

26. Members of the TRIPS agreement cannot do what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
ownership rights to property
members cannot give nationals favorable treatment

27. The madrid protocol accomplishes what?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
streamlines and standardizes the processes for applying for a trademark abroad
distinctive decor - menu - style - service of an offering

28. Tenancy by the entirety - or community ownership
first person to invent not file for patent
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
arises when customers begin to associate a specific term or phrase with specific trademarked items

29. Tenancy in common
obtaining ownership by living on anothers property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another

30. Reverse discrimination example firefighters
the church gave prince a license to erect a plywood wall to protect a construction site - but they placed steel pillars in the licensed area. the court ruled this to be trespassing
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

31. In real property law who is considered to be the dominant estate?
offering someone who works at a different firm money for their trade secrets
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the property that will benefit from a profit
secondary meaning

32. What is a Deed
document by which title to property is passed
birth - child placement - employee health - care for spouse - child - or parent - military duty
another persons right to make limited use of another persons real property without taking anything away from the property
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

33. What is legally a disability?
hours of employment - conditions - age of workers
a physical or mental impairment that substantially limits one or more major life activities
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
mental state or intent part 2 of 2 for determining criminal liability

34. In order to recieve protection what must one do?
given exclusive possession and control over property - and knowingly accept responsibility
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
must effectively try to acquire protection as well as keep the secret
criminal defense stating that a crime was necessary in preventing an even greater crime

35. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
property of one person rightfully in possession of another - custody
hours of employment - conditions - age of workers

36. Example of an exception to the at will doctrine based on contract theory
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
offering someone who works at a different firm money for their trade secrets
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

37. Business process patents involve?
ownership rights to property
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally the use of a software to perform a job or deliver product
work for a company with more than 50 employees - employed for a year - and must try to give notice

38. Mislaid property
No - they are considered to be goods and is governed by the uniform commercial code
criminal defense stating that a crime was necessary in preventing an even greater crime
can appeal - subject to new trial
voluntarily parted with at the time - but then later tries to find it

39. 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?
entry of a plea - guilty/ not guilty
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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

40. What happens when land is sold that is growing crops?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
crops is considered to be real property and should be considered in the sale of such property.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
treble damages

41. Candyland example?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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

42. 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.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
mistake of fact

43. Strong Marks Case Example

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44. What is a job offer?
ownership rights to property
can appeal - subject to new trial
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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

45. The WARN act calls for what?
any party can terminate an employment arrangement at anytime no questions asked
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
intent - delivery - acceptance

46. Trademarks are good for? are they renewable
10 year period renewable
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
sufficient evidence

47. Is it a fixture?
No - they are considered to be goods and is governed by the uniform commercial code
intent when attached and will item be damaged because of removal? hard to determine
birth - child placement - employee health - care for spouse - child - or parent - military duty
any party can terminate an employment arrangement at anytime no questions asked

48. Outcome of unanimous not guilty?
20 years from filing
entry of a plea - guilty/ not guilty
distinctive decor - menu - style - service of an offering
cannot be tried again - no appeal

49. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
another persons right to make limited use of another persons real property without taking anything away from the property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

50. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.