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. Responsible corporate officer doctrine?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
No - property gifts are common
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


2. EEOC is responsible for doing what?
key words of a website that are used for search engines
criticism - use in satire - news report - use to educate
document by which title to property is passed
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


3. Special Bailments
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


4. Money laundering
intent - delivery - acceptance
10 years and it is renewable
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
process of hiding the source of illegally acquired funds


5. Example of an exception to the at will doctrine based on tort theory
secondary meaning
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
probable cause
the property that is burdened by a profit


6. How long is a copyright protected? for a corporation?
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
allows for use of copyrighted material under certain guidelines


7. 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?
offering someone who works at a different firm money for their trade secrets
No - but if they find any other reason - like you have been late often than you'll probably get fired
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


8. Workers comp and negligence

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9. Secondary Meaning Example frosty treats
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
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 someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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. What is the determining issue when proving entrapment?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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


11. The madrid protocol accomplishes what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
taking property away from the owner with the intent of permanently removing them of ownership
streamlines and standardizes the processes for applying for a trademark abroad
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


12. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
secondary meaning
the property that will benefit from a profit


13. Larceny
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
secondary meaning
taking property away from the owner with the intent of permanently removing them of ownership


14. Service mark
first person to invent not file for patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


15. Significance of coca-cola V. koke Co of America
voluntarily parted with at the time - but then later tries to find it
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


16. What is not copyrightable?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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
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


17. 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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18. Meta tags
mental state or intent part 2 of 2 for determining criminal liability
sufficient evidence
key words of a website that are used for search engines
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


19. Business process patents involve?
the right to enter onto another persons property with the intentions of removing something valuable
a physical or mental impairment that substantially limits one or more major life activities
20 years from filing
generally the use of a software to perform a job or deliver product


20. Adverse possession
obtaining ownership by living on anothers property
multiple owners of real or personal property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
agreement permitting use of a trademark


21. Gold club corporate criminal liability example?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
intent when attached and will item be damaged because of removal? hard to determine
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


22. In order to recieve protection what must one do?
secondary meaning
streamlines and standardizes the processes for applying for a trademark abroad
mistake of fact
must effectively try to acquire protection as well as keep the secret


23. In order for a disability to be legally recognized what must exist?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
record of such condition - being regarded as actually having a condition


24. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a warranty that the buyer will not be disturbed in their possession of the land


25. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
given exclusive possession and control over property - and knowingly accept responsibility
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
cannot be tried again - no appeal


26. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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.
hours of employment - conditions - age of workers
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
given exclusive possession and control over property - and knowingly accept responsibility


27. Constructive bailments are?

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28. Arraignment is what?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
entry of a plea - guilty/ not guilty
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


29. Commercial bribery example
a warranty that the buyer will not be disturbed in their possession of the land
offering someone who works at a different firm money for their trade secrets
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
key words of a website that are used for search engines


30. 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?
10 years and it is renewable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


31. How long are patents protected?
20 years from filing
mental state or intent part 2 of 2 for determining criminal liability
No - but if they find any other reason - like you have been late often than you'll probably get fired
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


32. Purpose of criminal penalties?
agreement permitting use of a trademark
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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


33. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
signed by hundreds of countries that establishes standards for the international protection of intellectual property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


34. What terminates an easement?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
owners of secret must try and protect - destroy garbage
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


35. What conditions are covered by the family medical leave act?
the corporation could have prevented such acts
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
birth - child placement - employee health - care for spouse - child - or parent - military duty
criminal defense stating that a crime was necessary in preventing an even greater crime


36. License in trademark law?
the property that is burdened by a profit
agreement permitting use of a trademark
the property that will benefit from a profit
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


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

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38. Remedies for patent infringement
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
fraudulent miss-use of funds that have been entrusted to them
sexual harassment is protected under title 7 because it effects genders differently in the workplace
first person to invent not file for patent


39. Necessity defense
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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


40. Title VII prevents discrimination in?

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41. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
the corporation could have prevented such acts
obtaining ownership by living on anothers property


42. Examples of collective marks
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
No - but if they find any other reason - like you have been late often than you'll probably get fired


43. Copyright requirements
test is originality - lasts life of creator - protection is automatic
taking property away from the owner with the intent of permanently removing them of ownership
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
the corporation could have prevented such acts


44. Darst V. Interstate Brands Corp. regarding family and medical leave rights
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
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 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


45. What is retaliatory discharge?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


46. Mistake of fact criminal defense example

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47. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


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

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49. What is a covenant of quiet enjoyment?
reverse engineer - go through garbage..
a warranty that the buyer will not be disturbed in their possession of 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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


50. In order to prove discrimination in hiring one has to prove?
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
10 year period renewable
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
criminal defense stating that a crime was necessary in preventing an even greater crime