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. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
10 year period renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


2. Adverse possession
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
mistake of fact
obtaining ownership by living on anothers property
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


3. 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?
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
mental state or intent part 2 of 2 for determining criminal liability
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


4. Bailments are?
conditional gifts that are only accepted upon the performance of marriage
property of one person rightfully in possession of another - custody
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
offering someone who works at a different firm money for their trade secrets


5. Sexual harassment is treated as what?
fraudulent miss-use of funds that have been entrusted to them
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
document by which title to property is passed
sexual harassment is protected under title 7 because it effects genders differently in the workplace


6. Estray statutes encourage what?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
it rewards citizens for putting land to good use rather than just sitting on expanses of property


7. Duress criminal defense
generally the use of a software to perform a job or deliver product
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
test is originality - lasts life of creator - protection is automatic


8. Trademark dilution
mistake of fact
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 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
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


9. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
owner of premise where it was found - after good title is acquired
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


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

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11. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
No - but if they find any other reason - like you have been late often than you'll probably get fired
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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 corporation could have prevented such acts


12. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
criminal defense stating that a crime was necessary in preventing an even greater crime
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
treble damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


13. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
sufficient evidence
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability


14. Joint tenancy
a warranty that the buyer will not be disturbed in their possession of the land
No - they are considered to be goods and is governed by the uniform commercial code
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


15. In order to prove discrimination in hiring one has to prove?
No - property gifts are common
process of hiding the source of illegally acquired funds
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
entry of a plea - guilty/ not guilty


16. What is the purpose of the adverse possession doctrine?
secondary meaning
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


17. 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
voluntarily parted with at the time - but then later tries to find it
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


18. Workers comp and negligence

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19. Money laundering
process of hiding the source of illegally acquired funds
sally would possess an easement in this case - the right to travel across property owner peter's land
10 years and it is renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property


20. TRIPS agreement
generally the use of a software to perform a job or deliver product
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
distinctive decor - menu - style - service of an offering
signed by hundreds of countries that establishes standards for the international protection of intellectual property


21. Tenancy by the entirety - or community ownership
No - property gifts are common
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
allows for use of copyrighted material under certain guidelines
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


22. Derivative work
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mistake of fact


23. Difference between joint tenancy and tenancy in 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
crops is considered to be real property and should be considered in the sale of such property.
intent when attached and will item be damaged because of removal? hard to determine
another persons right to make limited use of another persons real property without taking anything away from the property


24. What is an easement by prescription?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
any party can terminate an employment arrangement at anytime no questions asked
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


25. Reasonable accommodation requirements by the ADA
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
No - they are considered to be goods and is governed by the uniform commercial code
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


26. Requirements of a bailement
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
given exclusive possession and control over property - and knowingly accept responsibility


27. Robbery
No - property gifts are common
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the property that will benefit from a profit


28. Gold club corporate criminal liability example?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


29. What terminates an easement?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
who has been using it first or filed for it first
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
No - but if they find any other reason - like you have been late often than you'll probably get fired


30. In order for a disability to be legally recognized what must exist?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


31. Generic terms can never have?
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
entry of a plea - guilty/ not guilty


32. Commercial bribery example
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
finder after obtaining a title
members cannot give nationals favorable treatment
offering someone who works at a different firm money for their trade secrets


33. Sambucks vs. starbucks
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
sexual harassment is protected under title 7 because it effects genders differently in the workplace


34. Concurrent ownership
a physical or mental impairment that substantially limits one or more major life activities
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
multiple owners of real or personal property


35. What is an implied warranty of habitability?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
ownership rights to 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


36. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


37. Title VII prevents discrimination in?

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38. Business process patents involve?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
sexual harassment is protected under title 7 because it effects genders differently in the workplace
generally the use of a software to perform a job or deliver product
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


39. Mistake of fact criminal defense example

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40. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
treble damages


41. Possible ruling interpretations for accession cases
agreement permitting use of a trademark
any party can terminate an employment arrangement at anytime no questions asked
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
novel - useful - non obvious


42. What must a deed possess to be valid?

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43. Engagement rings are considered to be?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
conditional gifts that are only accepted upon the performance of marriage
agreement permitting use of a trademark
generally the use of a software to perform a job or deliver product


44. What is an easement by implication?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in 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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


45. In order to receive protection under the family medical leave act - one must?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
work for a company with more than 50 employees - employed for a year - and must try to give notice
sally would possess an easement in this case - the right to travel across property owner peter's land


46. In real property law who is considered to be the servient estate?
voluntarily parted with at the time - but then later tries to find it
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
the property that is burdened by a profit
allows for use of copyrighted material under certain guidelines


47. Examples of collective marks
the right to enter onto another persons property with the intentions of removing something valuable
prohibits excessive bail and fines - cruel and unusual punishment
given exclusive possession and control over property - and knowingly accept responsibility
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


48. Do Deeds require consideration to be valid?
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
generally the use of a software to perform a job or deliver product
No - property gifts are common
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


49. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
No - property gifts are common
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


50. The WARN act calls for what?
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
sufficient evidence
fraudulent miss-use of funds that have been entrusted to them
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