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. Workers comp and negligence

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2. Robbery
criticism - use in satire - news report - use to educate
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
offering someone who works at a different firm money for their trade secrets
first person to invent not file for patent


3. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
birth - child placement - employee health - care for spouse - child - or parent - military duty
secondary meaning
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the property that is burdened by a profit


4. The EEOC requires that victims do what before they hold employers liable?
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
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
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
10 years and it is renewable


5. Constructive bailments are?

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6. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sufficient evidence
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


7. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
streamlines and standardizes the processes for applying for a trademark abroad
No - property gifts are common
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
allows for use of copyrighted material under certain guidelines


8. What is the determining issue when proving entrapment?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
process of hiding the source of illegally acquired funds


9. What is the result of a mistrial or a hung jury?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
used by members of a cooperative organization to certify the quality of service or product
generally the use of a software to perform a job or deliver product
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


10. What is a license considered to be in real property law?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
can appeal - subject to new trial
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


11. Joint tenancy
sufficient evidence
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
classic stone corp. owns a profit in gross - and cannot transfer this right to another
No - but if they find any other reason - like you have been late often than you'll probably get fired


12. Members of the TRIPS agreement cannot do what?
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
members cannot give nationals favorable treatment
the corporation could have prevented such acts
intent - delivery - acceptance


13. 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?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
it is a federal crime to use the us postal service to defraud others on false pretenses


14. How long is a copyright protected? for a corporation?
criticism - use in satire - news report - use to educate
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


15. What is a profit under real property law?
entry of a plea - guilty/ not guilty
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the right to enter onto another persons property with the intentions of removing something valuable


16. Mistake of fact criminal defense example

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17. Drake V. Walton County regarding the county taking property
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
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.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


18. What are strong Marks?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles 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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


19. Necessity defense
hours of employment - conditions - age of workers
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
allows for use of copyrighted material under certain guidelines


20. Example of an exception to the at will doctrine based on tort theory
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
entry of a plea - guilty/ not guilty
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


21. Tenancy in common
owners of secret must try and protect - destroy garbage
the corporation could have prevented such acts
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


22. Outcome of unanimous not guilty?
cannot be tried again - no appeal
treble damages
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


23. Meta tag example about terri welles
property of one person rightfully in possession of another - custody
crops is considered to be real property and should be considered in the sale of such property.
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
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. 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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
this for that - sexual favors - general conduct however one incident is not enough


25. 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
must effectively try to acquire protection as well as keep the secret
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


26. Reverse discrimination example firefighters
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 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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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


27. Example of an exception to the at will doctrine based on contract theory
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 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
a warranty that the buyer will not be disturbed in their possession of the land


28. Trademark dilution
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
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
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


29. What is secondary meaning?
breaking into a residence with the intent of performing a felony. this is a crime against property.
arises when customers begin to associate a specific term or phrase with specific trademarked items
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


30. In the united states who gets the patent if there is a conflict?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
it is a federal crime to use the us postal service to defraud others on false pretenses
first person to invent not file for patent
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


31. Adverse possession
obtaining ownership by living on anothers property
No - but if they find any other reason - like you have been late often than you'll probably get fired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


32. Trademarks are good for? are they renewable
secondary meaning
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
10 year period renewable
treble damages


33. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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 transfers interest in a life estate from one to another
who has been using it first or filed for it first


34. Money laundering
secondary meaning
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
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
process of hiding the source of illegally acquired funds


35. TRIPS agreement
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
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
signed by hundreds of countries that establishes standards for the international protection of intellectual property


36. What is a warranty deed?
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


37. George V restauration s.a. V. Little Rest Twelve licensing case example

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38. What is the difference between real and personal property?
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
probable cause
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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


39. What is an implied warranty of habitability?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
finder after obtaining a title
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


40. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
10 year period renewable
any party can terminate an employment arrangement at anytime no questions asked
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


41. License in trademark law?
agreement permitting use of a trademark
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ownership rights to property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


42. How are trade secrets treated and protected?
mistake of fact
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
owners of secret must try and protect - destroy garbage
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


43. What terminates 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
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


44. Commercial bribery example
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
novel - useful - non obvious
offering someone who works at a different firm money for their trade secrets


45. 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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46. Triple amount of damages definition
a deed that transfers interest in a life estate from one to another
treble damages
it is a federal crime to use the us postal service to defraud others on false pretenses
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


47. Concurrent ownership
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
multiple owners of real or personal property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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


48. Can you be fired for whistle blowing?

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49. Special Bailments
members cannot give nationals favorable treatment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
this for that - sexual favors - general conduct however one incident is not enough


50. 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
No - property gifts are common
generally the use of a software to perform a job or deliver product
classic stone corp. owns a profit in gross - and cannot transfer this right to another