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. Copyright requirements
test is originality - lasts life of creator - protection is automatic
the corporation could have prevented such acts
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
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


2. What composes an 'at will doctrine'
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
given exclusive possession and control over property - and knowingly accept responsibility
any party can terminate an employment arrangement at anytime no questions asked
signed by hundreds of countries that establishes standards for the international protection of intellectual property


3. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
the right to enter onto another persons property with the intentions of removing something valuable
20 years from filing


4. Can you be fired for whistle blowing?

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5. Gold club corporate criminal liability example?
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
it rewards citizens for putting land to good use rather than just sitting on expanses of property
finder after obtaining a title


6. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
work for a company with more than 50 employees - employed for a year - and must try to give notice
No - they are considered to be goods and is governed by the uniform commercial code
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


7. What is Actus Reus
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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


8. What is a job offer?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
entry of a plea - guilty/ not guilty
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


9. Workers comp and negligence

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10. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a warranty that the buyer will not be disturbed in their possession of the land
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


11. Business process patents involve?
generally the use of a software to perform a job or deliver product
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
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


12. Is it a fixture?
No - they are considered to be goods and is governed by the uniform commercial code
entry of a plea - guilty/ not guilty
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent when attached and will item be damaged because of removal? hard to determine


13. Trademark dilution
conditional gifts that are only accepted upon the performance of marriage
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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


14. Dominion
ownership rights to 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
key words of a website that are used for search engines
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


15. How can you come to possess land through adverse possession?
secondary meaning
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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


16. Meta tags
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
key words of a website that are used for search engines
a physical or mental impairment that substantially limits one or more major life activities
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


17. What composes RICO?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
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
first person to invent not file for patent


18. Cybersquatting
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


19. Responsible corporate officer doctrine?
mistake of fact
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
a deed that transfers interest in a life estate from one to another


20. What uses fall under the fair use doctrine?
owners of secret must try and protect - destroy garbage
intent when attached and will item be damaged because of removal? hard to determine
criticism - use in satire - news report - use to educate
given exclusive possession and control over property - and knowingly accept responsibility


21. What determines likeliness of confusion?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
any party can terminate an employment arrangement at anytime no questions asked


22. 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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23. License in trademark law?
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
can 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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
agreement permitting use of a trademark


24. In real property law who is considered to be the dominant estate?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the property that will benefit from a profit
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


25. What protection does the 8th amendment provide?
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
another persons right to make limited use of another persons real property without taking anything away from the property
prohibits excessive bail and fines - cruel and unusual punishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


26. Possible ruling interpretations for accession cases
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 is a federal crime to use the us postal service to defraud others on false pretenses
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
distinctive decor - menu - style - service of an offering


27. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
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
owner of premise where it was found - after good title is acquired
the property that will benefit from a profit


28. In order to prove discrimination in hiring one has to prove?
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
prohibits excessive bail and fines - cruel and unusual punishment
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
generally the use of a software to perform a job or deliver product


29. Significance of coca-cola V. koke Co of America
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
distinctive decor - menu - style - service of an offering
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
this for that - sexual favors - general conduct however one incident is not enough


30. What is an implied warranty of habitability?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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


31. 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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


32. In order to recieve protection what must one do?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
distinctive decor - menu - style - service of an offering
must effectively try to acquire protection as well as keep the secret
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


33. Constructive bailments are?

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34. Discrimination during the hiring process is acceptable when?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
obtaining ownership by living on anothers property
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


35. Bailments are?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
hours of employment - conditions - age of workers
property of one person rightfully in possession of another - custody
another persons right to make limited use of another persons real property without taking anything away from the property


36. Examples of collective marks
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
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
ownership rights to property


37. What are strong Marks?
voluntarily parted with at the time - but then later tries to find it
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
another persons right to make limited use of another persons real property without taking anything away from the property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


38. Sexual harassment is treated as what?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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


39. 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?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


40. Remedies for patent infringement
first person to invent not file for patent
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


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

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42. How long is a trademark protected? is it renewable
multiple owners of real or personal property
10 years and it is renewable
secondary meaning
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


43. Arrest requires
a deed that transfers interest in a life estate from one to another
owners of secret must try and protect - destroy garbage
signed by hundreds of countries that establishes standards for the international protection of intellectual property
probable cause


44. In real property law who is considered to be the servient estate?
given exclusive possession and control over property - and knowingly accept responsibility
the corporation could have prevented such acts
the property that is burdened by a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


45. Derivative work
classic stone corp. owns a profit in gross - and cannot transfer this right to another
process of hiding the source of illegally acquired funds
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


46. In order to receive protection under the family medical leave act - one must?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


47. Patents allow for the owner to?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
sufficient evidence
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


48. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
10 year period renewable
process of hiding the source of illegally acquired funds
the corporation could have prevented such acts
a warranty that the buyer will not be disturbed in their possession of the land


49. Triple amount of damages definition
owner of premise where it was found - after good title is acquired
treble damages
first person to invent not file for patent
key words of a website that are used for search engines


50. Members of the TRIPS agreement cannot do what?
agreement permitting use of a trademark
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent when attached and will item be damaged because of removal? hard to determine
members cannot give nationals favorable treatment