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. Tenancy by the entirety - or community ownership
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
criticism - use in satire - news report - use to educate
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


2. Members of the TRIPS agreement cannot do what?
the property that is burdened by a profit
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
any party can terminate an employment arrangement at anytime no questions asked
members cannot give nationals favorable treatment


3. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
key words of a website that are used for search engines
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


4. In order to prove discrimination in hiring one has to prove?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a physical or mental impairment that substantially limits one or more major life activities
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


5. Sexual harassment is treated as what?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
a deed that transfers interest in a life estate from one to another


6. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
process of hiding the source of illegally acquired funds
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


7. Business process patents involve?
first person to invent not file for patent
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
criminal defense stating that a crime was necessary in preventing an even greater crime
generally the use of a software to perform a job or deliver product


8. Can you be fired for whistle blowing?

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9. Triple amount of damages definition
treble damages
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 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
secondary meaning


10. Reasonable accommodation requirements by the ADA
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


11. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
No - but if they find any other reason - like you have been late often than you'll probably get fired


12. Workers comp and negligence

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13. In real property law who is considered to be the servient estate?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
No - property gifts are common
the property that is burdened by a profit
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


14. Joint tenancy
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
classic stone corp. owns a profit in gross - and cannot transfer this right to another
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


15. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
arises when customers begin to associate a specific term or phrase with specific trademarked items
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


16. Concurrent ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
multiple owners of real or personal property
fraudulent miss-use of funds that have been entrusted to them


17. What are the requirements for making a gift an effective transfer of ownership?
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
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
intent - delivery - acceptance


18. What is an easement?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
another persons right to make limited use of another persons real property without taking anything away from the property


19. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
owners of secret must try and protect - destroy garbage
criminal defense stating that a crime was necessary in preventing an even greater crime


20. Candyland example?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
finder after obtaining a title
work for a company with more than 50 employees - employed for a year - and must try to give notice


21. Bailments are?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
property of one person rightfully in possession of another - custody
owner of premise where it was found - after good title is acquired
10 years and it is renewable


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

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23. The Berne Convention
given exclusive possession and control over property - and knowingly accept responsibility
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


24. What could be considered as sexual harassment in the work place
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
taking property away from the owner with the intent of permanently removing them of ownership
this for that - sexual favors - general conduct however one incident is not enough
first person to invent not file for patent


25. Copyright requirements
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
probable cause
test is originality - lasts life of creator - protection is automatic
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


26. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
mental state or intent part 2 of 2 for determining criminal liability


27. Arraignment is what?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
entry of a plea - guilty/ not guilty
probable cause


28. Drake V. Walton County regarding the county taking property
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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.


29. Are crops real property when they are sold?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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 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
No - they are considered to be goods and is governed by the uniform commercial code


30. 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
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
a deed that transfers interest in a life estate from one to another
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


31. What composes an 'at will doctrine'
prohibits excessive bail and fines - cruel and unusual punishment
property of one person rightfully in possession of another - custody
treble damages
any party can terminate an employment arrangement at anytime no questions asked


32. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
mistake of fact
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
process of hiding the source of illegally acquired funds


33. Mistake of fact criminal defense example

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34. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
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
secondary meaning
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


35. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
intent when attached and will item be damaged because of removal? hard to determine
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
No - property gifts are common


36. Service mark
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prohibits excessive bail and fines - cruel and unusual punishment


37. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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38. Darst V. Interstate Brands Corp. regarding family and medical leave rights
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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


39. What is an implied warranty of habitability?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire 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
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
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. Gold club corporate criminal liability example?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


41. Mail Fraud Act of 1990 is what?
No - property gifts are common
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
the property that will benefit from a profit
it is a federal crime to use the us postal service to defraud others on false pretenses


42. 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
process of hiding the source of illegally acquired funds
test is originality - lasts life of creator - protection is automatic
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


43. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


44. What protection does the 6th amendment provide?
fraudulent miss-use of funds that have been entrusted to them
10 years and it is renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


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. Cybersquatting
offering someone who works at a different firm money for their trade secrets
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


47. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the property that is burdened by a profit


48. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
members cannot give nationals favorable treatment
signed by hundreds of countries that establishes standards for the international protection of intellectual property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


49. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


50. What is protected expression?
treble damages
breaking into a residence with the intent of performing a felony. this is a crime against property.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
first person to invent not file for patent