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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 someone legally acquire trade secrets?
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
reverse engineer - go through garbage..
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

2. Outcome of a unanimous guilty verdict?
work for a company with more than 50 employees - employed for a year - and must try to give notice
can appeal - subject to new trial
owner of premise where it was found - after good title is acquired
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

3. The Berne Convention
birth - child placement - employee health - care for spouse - child - or parent - military duty
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
arises when customers begin to associate a specific term or phrase with specific trademarked items
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

4. Counterfeiting example? regarding punishment
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
members cannot give nationals favorable treatment
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

5. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
No - they are considered to be goods and is governed by the uniform commercial code
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
the corporation could have prevented such acts

6. How long are patents protected?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
20 years from filing
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
No - they are considered to be goods and is governed by the uniform commercial code

7. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

8. Mistake of fact criminal defense example

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9. 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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
can appeal - subject to new trial
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.

10. The WARN act calls for what?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
another persons right to make limited use of another persons real property without taking anything away from the 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

11. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
work for a company with more than 50 employees - employed for a year - and must try to give notice
finder after obtaining a title
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

12. Is it a fixture?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
intent when attached and will item be damaged because of removal? hard to determine
10 years and it is renewable

13. What happens when land is sold that is growing crops?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
owner of premise where it was found - after good title is acquired
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
crops is considered to be real property and should be considered in the sale of such property.

14. What is a warranty deed?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

15. Determining disability regarding with and without equipment?
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
race - sex - national origin - color - religion
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
owner of premise where it was found - after good title is acquired

16. Copyright requirements
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
intent when attached and will item be damaged because of removal? hard to determine
test is originality - lasts life of creator - protection is automatic
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

17. Joint tenancy
mental state or intent part 2 of 2 for determining criminal liability
if one owner dies - property goes to the other - can seperately sell but becomes a 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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

18. Patent Requirements
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 year period renewable
this for that - sexual favors - general conduct however one incident is not enough
novel - useful - non obvious

19. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
arises when customers begin to associate a specific term or phrase with specific trademarked items
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a warranty that the buyer will not be disturbed in their possession of the land

20. What is retaliatory discharge?
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
the property that will benefit from a profit

21. Drake V. Walton County regarding the county taking property
20 years from filing
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.
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

22. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
criticism - use in satire - news report - use to educate
it rewards citizens for putting land to good use rather than just sitting on expanses of property

23. When property is found who gets property when it was abondoned?
finder after obtaining a title
key words of a website that are used for search engines
mental state or intent part 2 of 2 for determining criminal liability
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

24. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
10 year period renewable
mistake of fact
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

25. Are crops real property when they are sold?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
cannot be tried again - no appeal
20 years from filing
No - they are considered to be goods and is governed by the uniform commercial code

26. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
novel - useful - non obvious
mistake of fact
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

27. Indictment requires
the corporation could have prevented such acts
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
sufficient evidence
conditional gifts that are only accepted upon the performance of marriage

28. Service mark
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
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
race - sex - national origin - color - religion
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

29. Meta tags
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
key words of a website that are used for search engines
taking property away from the owner with the intent of permanently removing them of ownership

30. How long is a copyright protected? for a corporation?
intent when attached and will item be damaged because of removal? hard to determine
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
process of hiding the source of illegally acquired funds
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

31. How long is a trademark protected? is it renewable
10 year period renewable
10 years and it is renewable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

32. Constructive bailments are?

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33. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
conditional gifts that are only accepted upon the performance of marriage
generally the use of a software to perform a job or deliver product
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

34. Napster example?
can appeal - subject to new trial
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

35. Concurrent ownership
must effectively try to acquire protection as well as keep the secret
multiple owners of real or personal property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owner of premise where it was found - after good title is acquired

36. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

37. What is protected expression?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
taking property away from the owner with the intent of permanently removing them of ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
any party can terminate an employment arrangement at anytime no questions asked

38. Example of an exception to the at will doctrine based on contract theory
allows for use of copyrighted material under certain guidelines
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
property of one person rightfully in possession of another - custody
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

39. Employers should handle hostile environments regarding protected members of title 7 by?
used by members of a cooperative organization to certify the quality of service or product
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

40. Roman Catholic Church V. Prince Reality Management regarding a license?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
cannot be tried again - no appeal
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.

41. Bailments are?
property of one person rightfully in possession of another - custody
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
generally the use of a software to perform a job or deliver product
test is originality - lasts life of creator - protection is automatic

42. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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
ownership rights to property

43. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
used by members of a cooperative organization to certify the quality of service or product
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

44. What is not copyrightable?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
fraudulent miss-use of funds that have been entrusted to them
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

45. Remedies for patent infringement
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
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
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

46. Fair use doctrine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
used by members of a cooperative organization to certify the quality of service or product
allows for use of copyrighted material under certain guidelines
the right to enter onto another persons property with the intentions of removing something valuable

47. 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
novel - useful - non obvious
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

48. Collective mark
novel - useful - non obvious
used by members of a cooperative organization to certify the quality of service or product
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

49. Commercial bribery example
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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
offering someone who works at a different firm money for their trade secrets

50. What are some criminal defenses
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others