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. In order to receive protection under the family medical leave act - one must?
fraudulent miss-use of funds that have been entrusted to them
work for a company with more than 50 employees - employed for a year - and must try to give notice
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.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

2. Collective mark
can appeal - subject to new trial
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
10 years and it is renewable
used by members of a cooperative organization to certify the quality of service or product

3. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
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
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
first person to invent not file for patent

4. Title VII prevents discrimination in?

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

5. Generic terms can never have?
sally would possess an easement in this case - the right to travel across property owner peter's land
sexual harassment is protected under title 7 because it effects genders differently in the workplace
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
secondary meaning

6. Americans with disabilities act accomplishes what?
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
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

7. Attorney client privilege accomplishes what?
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

8. The EEOC requires that victims do what before they hold employers liable?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

9. Mail Fraud Act of 1990 is what?
criticism - use in satire - news report - use to educate
it is a federal crime to use the us postal service to defraud others on false pretenses
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

10. Tenancy by the entirety - or community ownership
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

11. Special Bailments
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
streamlines and standardizes the processes for applying for a trademark abroad
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

12. In real property law who is considered to be the servient estate?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
the property that is burdened by a profit
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

13. Tenancy in common
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

14. Adverse possession
entry of a plea - guilty/ not guilty
obtaining ownership by living on anothers property
10 years and it is renewable
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

15. How long is a trademark protected? is it renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
10 years and it is renewable
used by members of a cooperative organization to certify the quality of service or product
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

16. Indictment requires
allows for use of copyrighted material under certain guidelines
owners of secret must try and protect - destroy garbage
the property that is burdened by a profit
sufficient evidence

17. Responsible corporate officer doctrine?
agreement permitting use of a trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

18. What is an easement by implication?
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
10 year period renewable
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

19. Secondary Meaning Example frosty treats
owners of secret must try and protect - destroy garbage
sally would possess an easement in this case - the right to travel across property owner peter's land
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
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

20. TRIPS agreement
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
signed by hundreds of countries that establishes standards for the international protection of intellectual property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

21. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
prohibits excessive bail and fines - cruel and unusual punishment
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

22. In order to recieve protection what must one do?
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
secondary meaning
must effectively try to acquire protection as well as keep the secret
sally would possess an easement in this case - the right to travel across property owner peter's land

23. How long is a copyright protected? for a corporation?
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
prohibits excessive bail and fines - cruel and unusual punishment
intent - delivery - acceptance
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

24. Fair use is limited to?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
when someone finds someone else's property a bailment is performed - they accepted to control the property (custody) - considering bailments are temporary - it is implied that they should try and return it - falls under estray statutes

25. Dominion
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
entry of a plea - guilty/ not guilty
ownership rights to property

26. In real property law who is considered to be the dominant estate?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
the property that will benefit from a profit
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
a deed that transfers interest in a life estate from one to another

27. Sambucks vs. starbucks
key words of a website that are used for search engines
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
agreement permitting use of a trademark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

28. What kind of mistake can be used as criminal defense?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
mistake of fact
generally the use of a software to perform a job or deliver product
intent - delivery - acceptance

29. Determining disability regarding with and without equipment?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
conditional gifts that are only accepted upon the performance of marriage
document by which title to property is passed
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

30. Drake V. Walton County regarding the county taking property
process of hiding the source of illegally acquired funds
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.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

31. Fair labor standards act covers issues such as?
voluntarily parted with at the time - but then later tries to find it
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
hours of employment - conditions - age of workers
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

32. What are some criminal defenses
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
10 year period renewable
reverse engineer - go through garbage..

33. Arraignment is what?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
entry of a plea - guilty/ not guilty
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

34. Robbery
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

35. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of 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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
process of hiding the source of illegally acquired funds

36. What is the difference between real and personal property?
document by which title to property is passed
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
birth - child placement - employee health - care for spouse - child - or parent - military duty
criticism - use in satire - news report - use to educate

37. What is a Deed
work for a company with more than 50 employees - employed for a year - and must try to give notice
document by which title to property is passed
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
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

38. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
taking property away from the owner with the intent of permanently removing them of ownership
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. Duress criminal defense
first person to invent not file for patent
10 years and it is renewable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

40. 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?
allows for use of copyrighted material under certain guidelines
classic stone corp. owns a profit in gross - and cannot transfer this right to another
the property that will benefit from a profit
conditional gifts that are only accepted upon the performance of marriage

41. Roman Catholic Church V. Prince Reality Management regarding a license?
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
document by which title to property is passed
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
treble damages

42. Possible ruling interpretations for accession cases
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
first person to invent not file for patent
treble damages
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. What composes RICO?
property of one person rightfully in possession of another - custody
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
10 years and it is renewable
No - they are considered to be goods and is governed by the uniform commercial code

44. When property is found who gets property when it was abondoned?
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
finder after obtaining a title
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that is burdened by a profit

45. License in trademark law?
agreement permitting use of a trademark
who has been using it first or filed for it first
arises when customers begin to associate a specific term or phrase with specific trademarked items
mental state or intent part 2 of 2 for determining criminal liability

46. Necessity defense
the property that will benefit from a profit
criminal defense stating that a crime was necessary in preventing an even greater crime
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
novel - useful - non obvious

47. What is a warranty deed?
it is a federal crime to use the us postal service to defraud others on false pretenses
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
must effectively try to acquire protection as well as keep the secret

48. The madrid protocol accomplishes what?
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
streamlines and standardizes the processes for applying for a trademark abroad
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
ownership rights to property

49. 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

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

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