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. Duress criminal defense
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
10 years and it is renewable
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


2. Title VII prevents discrimination in?

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3. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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
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


4. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
another persons right to make limited use of another persons real property without taking anything away from the property
agreement permitting use of a trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


5. TRIPS agreement
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
crops is considered to be real property and should be considered in the sale of such property.
signed by hundreds of countries that establishes standards for the international protection of intellectual property
work for a company with more than 50 employees - employed for a year - and must try to give notice


6. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
mistake of fact
test is originality - lasts life of creator - protection is automatic
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


7. Triple amount of damages definition
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the property that will benefit from a profit
10 year period renewable
treble damages


8. Darst V. Interstate Brands Corp. regarding family and medical leave rights
test is originality - lasts life of creator - protection is automatic
property of one person rightfully in possession of another - custody
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
multiple owners of real or personal property


9. Certification mark
20 years from filing
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
work for a company with more than 50 employees - employed for a year - and must try to give notice
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


10. In the united states who gets the patent if there is a conflict?
mistake of fact
first person to invent not file for patent
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
used by members of a cooperative organization to certify the quality of service or product


11. Difference between joint tenancy and tenancy in common?
property of one person rightfully in possession of another - custody
No - property gifts are common
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
obtaining ownership by living on anothers property


12. What is a covenant of quiet enjoyment?
treble damages
a warranty that the buyer will not be disturbed in their possession of the land
multiple owners of real or personal property
generally the use of a software to perform a job or deliver product


13. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - property gifts are common
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
property of one person rightfully in possession of another - custody


14. Steps to determining trademark infringement?
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
race - sex - national origin - color - religion
treble damages
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


15. Patents allow for the owner to?
20 years from filing
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


16. What is a profit under real property law?
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
fraudulent miss-use of funds that have been entrusted to them
the right to enter onto another persons property with the intentions of removing something valuable
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


17. What is an easement?
this for that - sexual favors - general conduct however one incident is not enough
another persons right to make limited use of another persons real property without taking anything away from the property
owners of secret must try and protect - destroy garbage
reverse engineer - go through garbage..


18. 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
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
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
streamlines and standardizes the processes for applying for a trademark abroad


19. Drake V. Walton County regarding the county taking property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
entry of a plea - guilty/ not guilty
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.


20. Concurrent ownership
No - they are considered to be goods and is governed by the uniform commercial code
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
multiple owners of real or personal property
fraudulent miss-use of funds that have been entrusted to them


21. What is not copyrightable?
property of one person rightfully in possession of another - custody
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


22. What protection does the 6th amendment provide?
property of one person rightfully in possession of another - custody
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
offering someone who works at a different firm money for their trade secrets


23. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
the right to enter onto another persons property with the intentions of removing something valuable
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
offering someone who works at a different firm money for their trade secrets


24. Napster example?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
cannot be tried again - no appeal
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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. 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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26. Discrimination during the hiring process is acceptable when?
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
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
No - property gifts are common
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


27. Significance of coca-cola V. koke Co of America
the corporation could have prevented such acts
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
distinctive decor - menu - style - service of an offering
another persons right to make limited use of another persons real property without taking anything away from the property


28. Collective mark
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
used by members of a cooperative organization to certify the quality of service or product
No - they are considered to be goods and is governed by the uniform commercial code
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


29. 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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
voluntarily parted with at the time - but then later tries to find it


30. In real property law who is considered to be the dominant estate?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
a deed that transfers interest in a life estate from one to another
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
the property that will benefit from a profit


31. Strong Marks Case Example

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32. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
record of such condition - being regarded as actually having a condition
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
sally would possess an easement in this case - the right to travel across property owner peter's land


33. Meta tags
key words of a website that are used for search engines
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
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


34. How is the right to use a trademark determined?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
obtaining ownership by living on anothers property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
who has been using it first or filed for it first


35. Fair use is limited to?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal 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
property of one person rightfully in possession of another - custody


36. What must a deed possess to be valid?

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37. Fair use doctrine
allows for use of copyrighted material under certain guidelines
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
a physical or mental impairment that substantially limits one or more major life activities
generally the use of a software to perform a job or deliver product


38. Trademarks are good for? are they renewable
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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


39. Bailments are?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
property of one person rightfully in possession of another - custody


40. Employers should handle hostile environments regarding protected members of title 7 by?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


41. The EEOC requires that victims do what before they hold employers liable?
voluntarily parted with at the time - but then later tries to find it
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
10 years and it is renewable
criticism - use in satire - news report - use to educate


42. Copyright requirements
test is originality - lasts life of creator - protection is automatic
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
first person to invent not file for patent
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


43. Requirements of a bailement
this for that - sexual favors - general conduct however one incident is not enough
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
given exclusive possession and control over property - and knowingly accept responsibility


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

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45. Gold club corporate criminal liability example?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
key words of a website that are used for search engines
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


46. Burglary
distinctive decor - menu - style - service of an offering
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
taking property away from the owner with the intent of permanently removing them of ownership


47. Constructive bailments are?

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48. What is a warranty deed?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
No - they are considered to be goods and is governed by the uniform commercial code
arises when customers begin to associate a specific term or phrase with specific trademarked items


49. Is it a fixture?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
intent when attached and will item be damaged because of removal? hard to determine


50. What are some criminal defenses
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
secondary meaning
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment