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. Gold club corporate criminal liability example?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


2. Adverse possession
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
obtaining ownership by living on anothers property
who has been using it first or filed for it first
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


3. The WARN act calls for what?
the property that is burdened by a profit
process of hiding the source of illegally acquired funds
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


4. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
members cannot give nationals favorable treatment
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
test is originality - lasts life of creator - protection is automatic


5. What is a Deed
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
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
document by which title to property is passed
used by members of a cooperative organization to certify the quality of service or product


6. Mislaid property
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
voluntarily parted with at the time - but then later tries to find it
secondary meaning
No - they are considered to be goods and is governed by the uniform commercial code


7. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
can appeal - subject to new trial
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
probable cause


8. In order to recieve protection what must one do?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
must effectively try to acquire protection as well as keep the secret
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


9. Strong Marks Case Example

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10. Napster example?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


11. 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
test is originality - lasts life of creator - protection is automatic
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
work for a company with more than 50 employees - employed for a year - and must try to give notice


12. What terminates an easement?
cannot be tried again - no appeal
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
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


13. Reverse discrimination example firefighters
hours of employment - conditions - age of workers
allows for use of copyrighted material under certain guidelines
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
streamlines and standardizes the processes for applying for a trademark abroad


14. 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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


15. Constructive bailments are?

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16. Title VII prevents discrimination in?

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

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18. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
document by which title to property is passed


19. Fair use doctrine
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
another persons right to make limited use of another persons real property without taking anything away from the property
allows for use of copyrighted material under certain guidelines
taking property away from the owner with the intent of permanently removing them of ownership


20. Age discrimination achieves what?
intent when attached and will item be damaged because of removal? hard to determine
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
test is originality - lasts life of creator - protection is automatic


21. Joint tenancy
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
first person to invent not file for patent
it is a federal crime to use the us postal service to defraud others on false pretenses


22. What is the result of a mistrial or a hung jury?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
birth - child placement - employee health - care for spouse - child - or parent - military duty
voluntarily parted with at the time - but then later tries to find it
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


23. Example of an exception to the at will doctrine based on contract theory
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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 for that - sexual favors - general conduct however one incident is not enough


24. Money laundering
process of hiding the source of illegally acquired funds
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


25. What is a warranty deed?
the corporation could have prevented such acts
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
multiple owners of real or personal property
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


26. Requirements of a bailement
treble damages
generally the use of a software to perform a job or deliver product
record of such condition - being regarded as actually having a condition
given exclusive possession and control over property - and knowingly accept responsibility


27. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


28. Generic terms can never have?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
signed by hundreds of countries that establishes standards for the international protection of intellectual property
secondary meaning
a warranty that the buyer will not be disturbed in their possession of the land


29. What must a deed possess to be valid?

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30. License in trademark law?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
streamlines and standardizes the processes for applying for a trademark abroad
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
agreement permitting use of a trademark


31. EEOC is responsible for doing what?
record of such condition - being regarded as actually having a condition
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
distinctive decor - menu - style - service of an offering
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


32. Service mark
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
reverse engineer - go through garbage..
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
secondary meaning


33. Meta tags
key words of a website that are used for search engines
given exclusive possession and control over property - and knowingly accept responsibility
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


34. What protection does the 8th amendment provide?
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
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
prohibits excessive bail and fines - cruel and unusual punishment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


35. How long is a copyright protected? for a corporation?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


36. When property is found who gets property when it was abondoned?
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
voluntarily parted with at the time - but then later tries to find it
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
finder after obtaining a title


37. Determining disability regarding with and without equipment?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


38. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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


39. What is an implied warranty of habitability?
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
conditional gifts that are only accepted upon the performance of marriage
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


40. What are the requirements for making a gift an effective transfer of ownership?
mistake of fact
intent - delivery - acceptance
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


41. Patents allow for the owner to?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
another persons right to make limited use of another persons real property without taking anything away from the property


42. The EEOC requires that victims do what before they hold employers liable?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the right to enter onto another persons property with the intentions of removing something valuable
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


43. Engagement rings are considered to be?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
fraudulent miss-use of funds that have been entrusted to them
conditional gifts that are only accepted upon the performance of marriage
streamlines and standardizes the processes for applying for a trademark abroad


44. How long is a trademark protected? is it renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
10 years and it is renewable
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


45. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
intent - delivery - acceptance
work for a company with more than 50 employees - employed for a year - and must try to give notice


46. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
reverse engineer - go through garbage..
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


47. Robbery
the right to enter onto another persons property with the intentions of removing something valuable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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


48. What are strong Marks?
members cannot give nationals favorable treatment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
key words of a website that are used for search engines


49. Duress criminal defense
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
20 years from filing


50. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
sexual harassment is protected under title 7 because it effects genders differently in the workplace