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. When property is found who gets property when it was abondoned?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
intent when attached and will item be damaged because of removal? hard to determine
finder after obtaining a title


2. Meta tags
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
key words of a website that are used for search engines
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


3. Sambucks vs. starbucks
offering someone who works at a different firm money for their trade secrets
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


4. Robbery
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


5. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
can appeal - subject to new trial


6. What are strong Marks?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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


7. In order to prove discrimination in hiring one has to prove?
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
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


8. 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


9. Can you be fired for whistle blowing?

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


10. Triple amount of damages definition
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
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
treble damages
secondary meaning


11. 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?

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


12. Country club case
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
another persons right to make limited use of another persons real property without taking anything away from the property
criticism - use in satire - news report - use to educate
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


13. Reverse discrimination example firefighters
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
key words of a website that are used for search engines
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
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


14. Employers should handle hostile environments regarding protected members of title 7 by?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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


15. What composes an 'at will doctrine'
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
any party can terminate an employment arrangement at anytime no questions asked
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


16. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
mistake of fact
voluntarily parted with at the time - but then later tries to find it
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


17. How can someone legally acquire trade secrets?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
reverse engineer - go through garbage..
crops is considered to be real property and should be considered in the sale of such property.
arises when customers begin to associate a specific term or phrase with specific trademarked items


18. The EEOC requires that victims do what before they hold employers liable?
birth - child placement - employee health - care for spouse - child - or parent - military duty
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
sally would possess an easement in this case - the right to travel across property owner peter's land
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


19. In order for a disability to be legally recognized what must exist?
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
record of such condition - being regarded as actually having a condition
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


20. 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
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
the property that will benefit from a profit
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


21. 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
the right to enter onto another persons property with the intentions of removing something valuable


22. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
prohibits excessive bail and fines - cruel and unusual punishment
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


23. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


24. What is a license considered to be in real property law?
distinctive decor - menu - style - service of an offering
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


25. What is not copyrightable?
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
distinctive decor - menu - style - service of an offering
who has been using it first or filed for it first
owners of secret must try and protect - destroy garbage


26. Fair use doctrine
allows for use of copyrighted material under certain guidelines
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
test is originality - lasts life of creator - protection is automatic


27. Mislaid property
classic stone corp. owns a profit in gross - and cannot transfer this right to another
can appeal - subject to new trial
voluntarily parted with at the time - but then later tries to find it
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


28. What is the determining issue when proving entrapment?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
allows for use of copyrighted material under certain guidelines
the corporation could have prevented such acts


29. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
who has been using it first or filed for it first
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
secondary meaning
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


30. How long is a trademark protected? is it renewable
No - but if they find any other reason - like you have been late often than you'll probably get fired
10 years and it is renewable
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


31. Indictment requires
sufficient evidence
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
10 years and it is renewable


32. Difference between joint tenancy and tenancy in common?
this for that - sexual favors - general conduct however one incident is not enough
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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


33. Candyland example?
breaking into a residence with the intent of performing a felony. this is a crime against property.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
distinctive decor - menu - style - service of an offering
voluntarily parted with at the time - but then later tries to find it


34. What is a warranty deed?
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
members cannot give nationals favorable treatment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


35. EEOC is responsible for doing what?
must effectively try to acquire protection as well as keep the secret
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


36. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
treble damages
intent - delivery - acceptance


37. Bailments are?
property of one person rightfully in possession of another - custody
owners of secret must try and protect - destroy garbage
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


38. Mens Rea
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mental state or intent part 2 of 2 for determining criminal liability
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


39. Are commercial flights permitted to fly over private property?
the property that is burdened by a profit
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
offering someone who works at a different firm money for their trade secrets
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


40. What is a Deed
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
the property that is burdened by a profit
document by which title to property is passed


41. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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


42. What is an implied warranty of habitability?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
record of such condition - being regarded as actually having a condition
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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


43. What is Actus Reus
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
finder after obtaining a title
ownership rights to property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


44. What is a job offer?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
10 years and it is renewable
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
members cannot give nationals favorable treatment


45. KSR Internation V. Teleflex INC. regarding what is patentable?

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


46. The Berne Convention
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
owners of secret must try and protect - destroy garbage
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 the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


47. What terminates an easement?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


48. What protection does the 8th amendment provide?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
prohibits excessive bail and fines - cruel and unusual punishment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


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. Engagement rings are considered to be?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
conditional gifts that are only accepted upon the performance of marriage
20 years from filing
it is a federal crime to use the us postal service to defraud others on false pretenses