Test your basic knowledge |

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. Difference between joint tenancy and tenancy in common?
distinctive decor - menu - style - service of an offering
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
first person to invent not file for patent
crops is considered to be real property and should be considered in the sale of such property.

2. Reverse discrimination example firefighters
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
it rewards citizens for putting land to good use rather than just sitting on expanses of property

3. Outcome of a unanimous guilty verdict?
must effectively try to acquire protection as well as keep the secret
can appeal - subject to new trial
a warranty that the buyer will not be disturbed in their possession of the land
voluntarily parted with at the time - but then later tries to find it

4. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
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

5. Requirements of a bailement
fraudulent miss-use of funds that have been entrusted to them
given exclusive possession and control over property - and knowingly accept responsibility
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability

6. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a physical or mental impairment that substantially limits one or more major life activities

7. Facts to be used in the fair use standard are?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board 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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

8. What determines likeliness of confusion?
another persons right to make limited use of another persons real property without taking anything away from the property
it rewards citizens for putting land to good use rather than just sitting on expanses of property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

9. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
cannot be tried again - no appeal
the corporation could have prevented such acts
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a physical or mental impairment that substantially limits one or more major life activities

10. How is the right to use a trademark determined?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criminal defense stating that a crime was necessary in preventing an even greater crime
who has been using it first or filed for it first

11. EEOC is responsible for doing what?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

12. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
mental state or intent part 2 of 2 for determining criminal liability
taking property away from the owner with the intent of permanently removing them of ownership
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

13. What is a Deed
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
document by which title to property is passed
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

14. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
document by which title to property is passed
agreement permitting use of a trademark
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

15. Napster example?
20 years from filing
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

16. What must a deed possess to be valid?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

17. Collective mark
arises when customers begin to associate a specific term or phrase with specific trademarked items
this for that - sexual favors - general conduct however one incident is not enough
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
used by members of a cooperative organization to certify the quality of service or product

18. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
probable cause

19. In order for a disability to be legally recognized what must exist?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
record of such condition - being regarded as actually having a condition
prohibits excessive bail and fines - cruel and unusual punishment
test is originality - lasts life of creator - protection is automatic

20. What is the result of a mistrial or a hung jury?
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
intent when attached and will item be damaged because of removal? hard to determine
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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

21. Members of the TRIPS agreement cannot do what?
intent - delivery - acceptance
members cannot give nationals favorable treatment
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

22. Steps to determining trademark infringement?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
criticism - use in satire - news report - use to educate
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

23. Patents allow for the owner to?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

24. Counterfeiting example? regarding punishment
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
another persons right to make limited use of another persons real property without taking anything away from the property
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

25. In order to receive protection under the family medical leave act - one must?
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
cannot be tried again - no appeal
work for a company with more than 50 employees - employed for a year - and must try to give notice
10 year period renewable

26. Gold club corporate criminal liability example?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

27. What is the determining issue when proving entrapment?
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
No - property gifts are common
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

28. What is not copyrightable?
20 years from filing
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
mistake of fact

29. What are the requirements for adverse possession to be recognized?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

30. Dominion
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
hours of employment - conditions - age of workers
ownership rights to property
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

31. Reasonable accommodation requirements by the ADA
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

32. Fair use doctrine
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
allows for use of copyrighted material under certain guidelines
it rewards citizens for putting land to good use rather than just sitting on expanses of property

33. When property is found that was mislaid who owns it?
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
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
owner of premise where it was found - after good title is acquired
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. Arraignment is what?
entry of a plea - guilty/ not guilty
owner of premise where it was found - after good title is acquired
taking property away from the owner with the intent of permanently removing them of ownership
work for a company with more than 50 employees - employed for a year - and must try to give notice

35. Workers comp and negligence

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

36. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
can appeal - subject to new trial
a warranty that the buyer will not be disturbed in their possession of the land
test is originality - lasts life of creator - protection is automatic

37. What is a conveyance?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
a deed that transfers interest in a life estate from one to another
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

38. In the united states who gets the patent if there is a conflict?
hours of employment - conditions - age of workers
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
first person to invent not file for patent
probable cause

39. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
probable cause
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

40. Example of an exception to the at will doctrine based on contract theory
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
conditional gifts that are only accepted upon the performance of marriage
reverse engineer - go through garbage..
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

41. Fair use is limited to?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
criminal defense stating that a crime was necessary in preventing an even greater crime
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
owners of secret must try and protect - destroy garbage

42. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
sufficient evidence
a deed that transfers interest in a life estate from one to another

43. Trademark dilution
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
sufficient evidence
process of hiding the source of illegally acquired funds

44. Is it a fixture?
finder after obtaining a title
intent when attached and will item be damaged because of removal? hard to determine
No - property gifts are common
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

45. 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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
document by which title to property is passed

46. Sexual harassment is treated as what?
who has been using it first or filed for it first
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

47. Embezzlement
offering someone who works at a different firm money for their trade secrets
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
fraudulent miss-use of funds that have been entrusted to them
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

48. What is an easement?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
another persons right to make limited use of another persons real property without taking anything away from the property
signed by hundreds of countries that establishes standards for the international protection of intellectual property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

49. Bailments are?
fraudulent miss-use of funds that have been entrusted to them
mental state or intent part 2 of 2 for determining criminal liability
property of one person rightfully in possession of another - custody
can appeal - subject to new trial

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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183