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. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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


2. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
agreement permitting use of a trademark
reverse engineer - go through garbage..


3. Sexual harassment is treated as what?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
sexual harassment is protected under title 7 because it effects genders differently in the workplace
any party can terminate an employment arrangement at anytime no questions asked


4. Requirements of a bailement
intent - delivery - acceptance
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
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
given exclusive possession and control over property - and knowingly accept responsibility


5. What is an implied warranty of habitability?
finder after obtaining a title
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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


6. What is an easement by implication?
this for that - sexual favors - general conduct however one incident is not enough
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
offering someone who works at a different firm money for their trade secrets


7. Burglary
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
sexual harassment is protected under title 7 because it effects genders differently in the workplace


8. Collective 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
multiple owners of real or personal property
used by members of a cooperative organization to certify the quality of service or product
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


9. Commercial bribery example
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
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
multiple owners of real or personal property
offering someone who works at a different firm money for their trade secrets


10. Remedies for patent infringement
mistake of fact
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 corporation could have prevented such acts
it is a federal crime to use the us postal service to defraud others on false pretenses


11. What is a job offer?
probable cause
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
mistake of fact
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


12. What happens when land is sold that is growing crops?
owners of secret must try and protect - destroy garbage
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
crops is considered to be real property and should be considered in the sale of such property.


13. Concurrent ownership
secondary meaning
multiple owners of real or personal property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


14. What protection does the 6th amendment provide?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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


15. Money laundering
novel - useful - non obvious
process of hiding the source of illegally acquired funds
who has been using it first or filed for it first
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


16. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
No - property gifts are common


17. How long is a trademark protected? is it renewable
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
prohibits excessive bail and fines - cruel and unusual punishment
hours of employment - conditions - age of workers
10 years and it is renewable


18. What is retaliatory discharge?
the property that will benefit from a profit
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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


19. The Berne Convention
multiple owners of real or personal property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


20. In order for a disability to be legally recognized what must exist?
ownership rights to property
first person to invent not file for patent
record of such condition - being regarded as actually having a condition
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


21. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
novel - useful - non obvious


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

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23. How are trade secrets treated and protected?
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
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.
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


24. Patent Requirements
novel - useful - non obvious
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


25. Under the americans with disabilities act - when can a disability be discussed?

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26. 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?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
members cannot give nationals favorable treatment
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


27. Is it a fixture?
reverse engineer - go through garbage..
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
distinctive decor - menu - style - service of an offering
intent when attached and will item be damaged because of removal? hard to determine


28. What must a deed possess to be valid?

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29. In order to prove discrimination in hiring one has to prove?
reverse engineer - go through garbage..
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
owner of premise where it was found - after good title is acquired
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


30. Possible ruling interpretations for accession cases
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
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
streamlines and standardizes the processes for applying for a trademark abroad


31. Dominion
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
ownership rights to property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


32. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
novel - useful - non obvious
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


33. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


34. What is Actus Reus
used by members of a cooperative organization to certify the quality of service or product
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
mistake of fact


35. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
taking property away from the owner with the intent of permanently removing them of ownership
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
finder after obtaining a title


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

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37. Purpose of criminal penalties?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
secondary meaning
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


38. What composes RICO?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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


39. Can you be fired for whistle blowing?

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40. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
it is a federal crime to use the us postal service to defraud others on false pretenses
novel - useful - non obvious
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


41. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
distinctive decor - menu - style - service of an offering
generally the use of a software to perform a job or deliver product


42. Arraignment is what?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
entry of a plea - guilty/ not guilty
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


43. What is the result of a mistrial or a hung jury?
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
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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


44. Service mark
conditional gifts that are only accepted upon the performance of marriage
novel - useful - non obvious
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


45. What are the requirements for making a gift an effective transfer of ownership?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
intent - delivery - acceptance
secondary meaning
arises when customers begin to associate a specific term or phrase with specific trademarked items


46. What is an easement?
who has been using it first or filed for it first
another persons right to make limited use of another persons real property without taking anything away from the property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
prohibits excessive bail and fines - cruel and unusual punishment


47. Duress criminal defense
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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


48. Outcome of unanimous not guilty?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
cannot be tried again - no appeal
taking property away from the owner with the intent of permanently removing them of ownership
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


49. When property is found that was mislaid who owns it?
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.
owner of premise where it was found - after good title is acquired
key words of a website that are used for search engines
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


50. Example of an exception to the at will doctrine based on tort theory
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
document by which title to property is passed
a deed that transfers interest in a life estate from one to another
work for a company with more than 50 employees - employed for a year - and must try to give notice