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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. Special Bailments
novel - useful - non obvious
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

2. What are the requirements for adverse possession to be recognized?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

3. Title VII protected categories?
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
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
race - sex - national origin - color - religion
another persons right to make limited use of another persons real property without taking anything away from the property

4. Estray statutes encourage what?
key words of a website that are used for search engines
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
given exclusive possession and control over property - and knowingly accept responsibility
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

5. Gold club corporate criminal liability example?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
sufficient evidence
another persons right to make limited use of another persons real property without taking anything away from the property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

6. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
ownership rights to property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

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

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

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9. Triple amount of damages definition
the right to enter onto another persons property with the intentions of removing something valuable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
treble damages

10. 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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

11. Reverse discrimination example firefighters
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
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

12. Roman Catholic Church V. Prince Reality Management regarding a license?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
another persons right to make limited use of another persons real property without taking anything away from the property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

13. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
streamlines and standardizes the processes for applying for a trademark abroad
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

14. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

15. In order to recieve protection what must one do?
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
generally the use of a software to perform a job or deliver product
must effectively try to acquire protection as well as keep the secret
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

16. 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
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
members cannot give nationals favorable treatment
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

17. Trademarks are good for? are they renewable
probable cause
10 year period renewable
generally the use of a software to perform a job or deliver product
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

18. 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
key words of a website that are used for search engines
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
criticism - use in satire - news report - use to educate

19. What is a conveyance?
a deed that transfers interest in a life estate from one to another
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
must effectively try to acquire protection as well as keep the secret

20. What is a license considered to be in real property law?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
secondary meaning
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

21. What conditions are covered by the family medical leave act?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

22. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
hours of employment - conditions - age of workers
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

23. Examples of collective marks
No - but if they find any other reason - like you have been late often than you'll probably get fired
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

24. Fair use is limited to?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the property that is burdened by a profit
cannot be tried again - no appeal

25. Candyland example?
treble damages
arises when customers begin to associate a specific term or phrase with specific trademarked items
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used by members of a cooperative organization to certify the quality of service or product

26. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
distinctive decor - menu - style - service of an offering
10 year period renewable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

27. Mail Fraud Act of 1990 is what?
owners of secret must try and protect - destroy garbage
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
it is a federal crime to use the us postal service to defraud others on false pretenses
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

28. What terminates an easement?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
finder after obtaining a title

29. Mens Rea
criminal defense stating that a crime was necessary in preventing an even greater crime
mental state or intent part 2 of 2 for determining criminal liability
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
sufficient evidence

30. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fraudulent miss-use of funds that have been entrusted to them
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
classic stone corp. owns a profit in gross - and cannot transfer this right to another

31. Engagement rings are considered to be?
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
sally would possess an easement in this case - the right to travel across property owner peter's land
conditional gifts that are only accepted upon the performance of marriage
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

32. Generic terms can never have?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
secondary meaning
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
any party can terminate an employment arrangement at anytime no questions asked

33. What is a covenant of quiet enjoyment?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
10 year period renewable
a warranty that the buyer will not be disturbed in their possession of the land
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

34. 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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

35. What is an easement?
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
another persons right to make limited use of another persons real property without taking anything away from the property
finder after obtaining a title

36. In real property law who is considered to be the servient estate?
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 deed that transfers interest in a life estate from one to another
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
the property that is burdened by a profit

37. Title VII prevents discrimination in?

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38. License in trademark law?
agreement permitting use of a trademark
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
secondary meaning
it rewards citizens for putting land to good use rather than just sitting on expanses of property

39. 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
who has been using it first or filed for it first
test is originality - lasts life of creator - protection is automatic
a deed that transfers interest in a life estate from one to another

40. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
multiple owners of real or personal property
breaking into a residence with the intent of performing a felony. this is a crime against property.

41. What is the determining issue when proving entrapment?
conditional gifts that are only accepted upon the performance of marriage
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
secondary meaning
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

42. What is an implied warranty of habitability?
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
fraudulent miss-use of funds that have been entrusted to them

43. Strong Marks Case Example

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44. Certification mark
generally the use of a software to perform a job or deliver product
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
hours of employment - conditions - age of workers
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

45. How long are patents protected?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
No - but if they find any other reason - like you have been late often than you'll probably get fired
signed by hundreds of countries that establishes standards for the international protection of intellectual property
20 years from filing

46. Business process patents involve?
generally the use of a software to perform a job or deliver 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
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 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

47. Money laundering
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
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
process of hiding the source of illegally acquired funds
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

48. Adverse possession
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
obtaining ownership by living on anothers property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

49. What uses fall under the fair use doctrine?
this for that - sexual favors - general conduct however one incident is not enough
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
used by members of a cooperative organization to certify the quality of service or product
criticism - use in satire - news report - use to educate

50. Counterfeiting example? regarding punishment
criticism - use in satire - news report - use to educate
offering someone who works at a different firm money for their trade secrets
streamlines and standardizes the processes for applying for a trademark abroad
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