Test your basic knowledge |

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. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
sally would possess an easement in this case - the right to travel across property owner peter's land
can appeal - subject to new trial
sufficient evidence

2. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the right to enter onto another persons property with the intentions of removing something valuable
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

3. How can someone legally acquire trade secrets?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
signed by hundreds of countries that establishes standards for the international protection of intellectual property
crops is considered to be real property and should be considered in the sale of such property.
reverse engineer - go through garbage..

4. 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?
generally the use of a software to perform a job or deliver product
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

5. 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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
offering someone who works at a different firm money for their trade secrets

6. Cybersquatting
a deed that transfers interest in a life estate from one to another
intent - delivery - acceptance
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
given exclusive possession and control over property - and knowingly accept responsibility

7. Duress criminal defense
cannot be tried again - no appeal
property of one person rightfully in possession of another - custody
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

8. Purpose of criminal penalties?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

9. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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.
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

10. Concurrent ownership
another persons right to make limited use of another persons real property without taking anything away from the property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
multiple owners of real or personal property
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

11. Are compilation of facts copyrightable? case example
No - they are considered to be goods and is governed by the uniform commercial code
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

12. How long are patents protected?
birth - child placement - employee health - care for spouse - child - or parent - military duty
cannot be tried again - no appeal
20 years from filing
used by members of a cooperative organization to certify the quality of service or product

13. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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 - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
breaking into a residence with the intent of performing a felony. this is a crime against property.
sexual harassment is protected under title 7 because it effects genders differently in the workplace

14. Collective mark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
used by members of a cooperative organization to certify the quality of service or product
property of one person rightfully in possession of another - custody
race - sex - national origin - color - religion

15. The Berne Convention
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

16. Remedies for patent infringement
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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
a deed that transfers interest in a life estate from one to another

17. What is an easement by implication?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

18. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
entry of a plea - guilty/ not guilty
another persons right to make limited use of another persons real property without taking anything away from the property
any party can terminate an employment arrangement at anytime no questions asked

19. Mail fraud act example senator?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
classic stone corp. owns a profit in gross - and cannot transfer this right to another
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

20. 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

21. Embezzlement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
ownership rights to property
fraudulent miss-use of funds that have been entrusted to them
offering someone who works at a different firm money for their trade secrets

22. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
agreement permitting use of a trademark

23. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
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 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

24. Country club case
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
girl in texas got fired for performing better than her boss - it is a tort - exception to 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
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

25. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

26. Sambucks vs. starbucks
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

27. When property is found who gets property when it was abondoned?
the property that is burdened by a profit
finder after obtaining a title
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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

28. Are commercial flights permitted to fly over private property?
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

29. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
secondary meaning

30. What is an easement?
No - they are considered to be goods and is governed by the uniform commercial code
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
another persons right to make limited use of another persons real property without taking anything away from the property

31. Service mark
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

32. In real property law who is considered to be the servient estate?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that is burdened by a profit

33. How can you come to possess land through adverse possession?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

34. Adverse possession
obtaining ownership by living on anothers property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
used by members of a cooperative organization to certify the quality of service or product
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

35. What protection does the 6th amendment provide?
conditional gifts that are only accepted upon the performance of marriage
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
allows for use of copyrighted material under certain guidelines

36. Example of an exception to the at will doctrine based on tort theory
finder after obtaining a title
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
criticism - use in satire - news report - use to educate

37. What protection does the 8th amendment provide?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
prohibits excessive bail and fines - cruel and unusual punishment
who has been using it first or filed for it first
given exclusive possession and control over property - and knowingly accept responsibility

38. Reverse discrimination example firefighters
this for that - sexual favors - general conduct however one incident is not enough
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

39. Roman Catholic Church V. Prince Reality Management regarding a license?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
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
record of such condition - being regarded as actually having a condition

40. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
classic stone corp. owns a profit in gross - and cannot transfer this right to another
fraudulent miss-use of funds that have been entrusted to them
streamlines and standardizes the processes for applying for a trademark abroad

41. Possible ruling interpretations for accession cases
it rewards citizens for putting land to good use rather than just sitting on expanses of property
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
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

42. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
the right to enter onto another persons property with the intentions of removing something valuable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
birth - child placement - employee health - care for spouse - child - or parent - military duty

43. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sally would possess an easement in this case - the right to travel across property owner peter's land
finder after obtaining a title
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

44. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
No - property gifts are common

45. What is Actus Reus
test is originality - lasts life of creator - protection is automatic
used by members of a cooperative organization to certify the quality of service or product
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

46. What are strong Marks?
owners of secret must try and protect - destroy garbage
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
this for that - sexual favors - general conduct however one incident is not enough
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

47. What is not copyrightable?
finder after obtaining a title
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
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
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

48. What is the result of a mistrial or a hung jury?
first person to invent not file for patent
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
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

49. Tenancy by the entirety - or community ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

50. Outcome of a unanimous guilty verdict?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
can appeal - subject to new trial
generally the use of a software to perform a job or deliver product