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. What composes RICO?
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
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
probable cause
No - they are considered to be goods and is governed by the uniform commercial code


2. Remedies for patent infringement
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
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
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
conditional gifts that are only accepted upon the performance of marriage


3. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
10 years and it is renewable
the corporation could have prevented such acts
fraudulent miss-use of funds that have been entrusted to them


4. 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
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
conditional gifts that are only accepted upon the performance of marriage
it rewards citizens for putting land to good use rather than just sitting on expanses of property


5. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
can appeal - subject to new trial


6. Mail Fraud Act of 1990 is what?
No - property gifts are common
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it is a federal crime to use the us postal service to defraud others on false pretenses


7. Napster example?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


8. EEOC is responsible for doing what?
another persons right to make limited use of another persons real property without taking anything away from the 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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


9. What must a deed possess to be valid?

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10. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
hours of employment - conditions - age of workers
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


11. How long is a trademark protected? is it renewable
10 years and it is renewable
conditional gifts that are only accepted upon the performance of marriage
mental state or intent part 2 of 2 for determining criminal liability
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


12. Indictment requires
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
used by members of a cooperative organization to certify the quality of service or product
sufficient evidence
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


13. How is the right to use a trademark determined?
voluntarily parted with at the time - but then later tries to find it
10 years and it is renewable
who has been using it first or filed for it first
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


14. Country club case
record of such condition - being regarded as actually having a condition
10 years and it is renewable
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
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. Mens Rea
signed by hundreds of countries that establishes standards for the international protection of intellectual property
mental state or intent part 2 of 2 for determining criminal liability
intent when attached and will item be damaged because of removal? hard to determine
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


16. What is a job offer?
test is originality - lasts life of creator - protection is automatic
it is a federal crime to use the us postal service to defraud others on false pretenses
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


17. What is the result of a mistrial or a hung jury?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
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
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


18. What is a profit under real property law?
prohibits excessive bail and fines - cruel and unusual punishment
10 year period renewable
probable cause
the right to enter onto another persons property with the intentions of removing something valuable


19. When property is found who gets property when it was abondoned?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
finder after obtaining a title
used by members of a cooperative organization to certify the quality of service or product
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


20. In the united states who gets the patent if there is a conflict?
No - property gifts are common
first person to invent not file for patent
owners of secret must try and protect - destroy garbage
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


21. Money laundering
allows for use of copyrighted material under certain guidelines
cannot be tried again - no appeal
signed by hundreds of countries that establishes standards for the international protection of intellectual property
process of hiding the source of illegally acquired funds


22. 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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23. How long is a copyright protected? for a corporation?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
offering someone who works at a different firm money for their trade secrets
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
taking property away from the owner with the intent of permanently removing them of ownership


24. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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


25. 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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
cannot be tried again - no appeal
it rewards citizens for putting land to good use rather than just sitting on expanses of property


26. What could be considered as sexual harassment in the work place
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
this for that - sexual favors - general conduct however one incident is not enough
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


27. Service mark
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
finder after obtaining a title
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.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


28. Generic terms can never have?
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
prohibits excessive bail and fines - cruel and unusual punishment
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
secondary meaning


29. Engagement rings are considered to be?
members cannot give nationals favorable treatment
treble damages
document by which title to property is passed
conditional gifts that are only accepted upon the performance of marriage


30. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
generally the use of a software to perform a job or deliver product
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.


31. Employers should handle hostile environments regarding protected members of title 7 by?
fraudulent miss-use of funds that have been entrusted to them
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
any party can terminate an employment arrangement at anytime no questions asked


32. 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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


33. 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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


34. Bailments are?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
property of one person rightfully in possession of another - custody
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
secondary meaning


35. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


36. Drake V. Walton County regarding the county taking property
novel - useful - non obvious
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.
this for that - sexual favors - general conduct however one incident is not enough
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


37. 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?
used by members of a cooperative organization to certify the quality of service or product
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
classic stone corp. owns a profit in gross - and cannot transfer this right to another


38. What are some criminal defenses
entry of a plea - guilty/ not guilty
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
10 year period renewable
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


39. Sexual harassment is treated as what?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sexual harassment is protected under title 7 because it effects genders differently in the workplace
intent - delivery - acceptance
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


40. In real property law who is considered to be the servient estate?
a physical or mental impairment that substantially limits one or more major life activities
the property that will benefit from a profit
the property that is burdened by a profit
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


41. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
any party can terminate an employment arrangement at anytime no questions asked
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


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

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43. In order to prove discrimination in hiring one has to prove?
process of hiding the source of illegally acquired funds
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
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
10 year period renewable


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

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45. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
intent - delivery - acceptance
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
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


46. In order to recieve protection what must one do?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
must effectively try to acquire protection as well as keep the secret
entry of a plea - guilty/ not guilty
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


47. Title VII prevents discrimination in?

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48. Responsible corporate officer doctrine?
reverse engineer - go through garbage..
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
property of one person rightfully in possession of another - custody
intent - delivery - acceptance


49. Arraignment is what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
reverse engineer - go through garbage..
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
entry of a plea - guilty/ not guilty


50. What is an easement?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
another persons right to make limited use of another persons real property without taking anything away from the property
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
criticism - use in satire - news report - use to educate