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. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
test is originality - lasts life of creator - protection is automatic
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 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


2. Title VII prevents discrimination in?

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3. Collective mark
used by members of a cooperative organization to certify the quality of service or product
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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. How long is a trademark protected? is it renewable
first person to invent not file for patent
10 years and it is renewable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
record of such condition - being regarded as actually having a condition


5. Title VII protected categories?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
race - sex - national origin - color - religion
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


6. The EEOC requires that victims do what before they hold employers liable?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
key words of a website that are used for search engines
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


7. Meta tags
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
owner of premise where it was found - after good title is acquired
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


8. Determining disability regarding with and without equipment?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
fraudulent miss-use of funds that have been entrusted to them
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


9. How can you come to possess land through adverse possession?
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
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
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


10. 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?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
classic stone corp. owns a profit in gross - and cannot transfer this right to another


11. Secondary Meaning Example frosty treats
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
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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


12. Example of an exception to the at will doctrine based on contract theory
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
crops is considered to be real property and should be considered in the sale of such property.
sufficient evidence
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


13. Gold club corporate criminal liability example?
owners of secret must try and protect - destroy garbage
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
this for that - sexual favors - general conduct however one incident is not enough


14. Can you be fired for whistle blowing?

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15. What protection does the 6th amendment provide?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
used by members of a cooperative organization to certify the quality of service or product
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


16. How long is a copyright protected? for a corporation?
the corporation could have prevented such acts
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
must effectively try to acquire protection as well as keep the secret


17. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owner of premise where it was found - after good title is acquired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


18. In order to prove discrimination in hiring one has to prove?
obtaining ownership by living on anothers property
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
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
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.


19. Triple amount of damages definition
treble damages
20 years from filing
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


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

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21. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
distinctive decor - menu - style - service of an offering
mental state or intent part 2 of 2 for determining criminal liability
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


22. What is retaliatory discharge?
multiple owners of real or personal property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a deed that transfers interest in a life estate from one to another
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


23. Trademark dilution
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 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
criticism - use in satire - news report - use to educate
key words of a website that are used for search engines


24. The Berne Convention
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
distinctive decor - menu - style - service of an offering
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


25. Duress criminal defense
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


26. Sambucks vs. starbucks
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
reverse engineer - go through garbage..


27. When property is found who gets property when it was abondoned?
prohibits excessive bail and fines - cruel and unusual punishment
document by which title to property is passed
finder after obtaining a title
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


28. Reasonable accommodation requirements by the ADA
members cannot give nationals favorable treatment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
used by members of a cooperative organization to certify the quality of service or product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


29. Facts to be used in the fair use standard are?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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.
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


30. 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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31. Mens Rea
20 years from filing
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
mental state or intent part 2 of 2 for determining criminal liability
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


32. Significance of coca-cola V. koke Co of America
a deed that transfers interest in a life estate from one to another
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
process of hiding the source of illegally acquired funds
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


33. When property is found that was mislaid who owns it?
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
agreement permitting use of a trademark
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
owner of premise where it was found - after good title is acquired


34. Arrest requires
allows for use of copyrighted material under certain guidelines
probable cause
used by members of a cooperative organization to certify the quality of service or product
it rewards citizens for putting land to good use rather than just sitting on expanses of property


35. What is the difference between real and personal property?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the corporation could have prevented such acts
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


36. Darst V. Interstate Brands Corp. regarding family and medical leave rights
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


37. What is Actus Reus
a deed that transfers interest in a life estate from one to another
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
20 years from filing
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


38. What terminates an easement?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
distinctive decor - menu - style - service of an offering


39. Arraignment is what?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
entry of a plea - guilty/ not guilty
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


40. Patent Requirements
criticism - use in satire - news report - use to educate
novel - useful - non obvious
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


41. What are the requirements for making a gift an effective transfer of ownership?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
intent - delivery - acceptance
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


42. What is the determining issue when proving entrapment?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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


43. Age discrimination achieves what?
No - they are considered to be goods and is governed by the uniform commercial code
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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


44. Remedies for patent infringement
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
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 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
arises when customers begin to associate a specific term or phrase with specific trademarked items


45. The madrid protocol accomplishes what?
record of such condition - being regarded as actually having a condition
owners of secret must try and protect - destroy garbage
streamlines and standardizes the processes for applying for a trademark abroad
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


46. 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?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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


47. Strong Marks Case Example

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48. What composes an 'at will doctrine'
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
finder after obtaining a title
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
any party can terminate an employment arrangement at anytime no questions asked


49. Examples of collective marks
the corporation could have prevented such acts
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
property of one person rightfully in possession of another - custody
signed by hundreds of countries that establishes standards for the international protection of intellectual property


50. Fair labor standards act covers issues such as?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
hours of employment - conditions - age of workers
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
members cannot give nationals favorable treatment