Business Law Yale

Instructions:

• Answer 50 questions in 15 minutes.
• If you are not ready to take this test, you can study here.
• Match each statement with the correct term.
• Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.

This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.

1. What is a warranty deed?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
fraudulent miss-use of funds that have been entrusted to them
ownership rights to property


2. EEOC is responsible for doing what?
secondary meaning
No - but if they find any other reason - like you have been late often than you'll probably get fired
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


3. Facts to be used in the fair use standard are?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


4. Difference between joint tenancy and tenancy in common?
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
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


5. Estray statutes encourage what?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
crops is considered to be real property and should be considered in the sale of such property.
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


6. When property is found who gets property when it was abondoned?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
finder after obtaining a title
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


7. Concurrent ownership
owners of secret must try and protect - destroy garbage
taking property away from the owner with the intent of permanently removing them of ownership
multiple owners of real or personal property
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


8. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
mental state or intent part 2 of 2 for determining criminal liability
ownership rights to property
given exclusive possession and control over property - and knowingly accept responsibility


9. Strong Marks Case Example

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10. Mens Rea
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
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
mental state or intent part 2 of 2 for determining criminal liability


11. The WARN act calls for what?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


12. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
given exclusive possession and control over property - and knowingly accept responsibility
criminal defense stating that a crime was necessary in preventing an even greater crime
classic stone corp. owns a profit in gross - and cannot transfer this right to another


13. Service mark
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
distinctive decor - menu - style - service of an offering
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


14. Money laundering
a warranty that the buyer will not be disturbed in their possession of the land
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
process of hiding the source of illegally acquired funds
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.


15. What uses fall under the fair use doctrine?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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
criticism - use in satire - news report - use to educate


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

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17. Robbery
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
obtaining ownership by living on anothers property
finder after obtaining a title
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


18. What determines likeliness of confusion?
owner of premise where it was found - after good title is acquired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
defendent pleaded guilty to using the zig zag name to sell inferior product and was sentenced to prison and to only pay damages equal to the actual sellers of zig zag
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


19. What is a license considered to be in real property law?
10 year period renewable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


20. Counterfeiting example? regarding punishment
voluntarily parted with at the time - but then later tries to find it
probable cause
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
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


21. Cybersquatting
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
process of hiding the source of illegally acquired funds
treble damages
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


22. Adverse possession
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
cannot be tried again - no appeal
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
obtaining ownership by living on anothers property


23. Trademark dilution
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
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
No - property gifts are common
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


24. Fair labor standards act covers issues such as?
voluntarily parted with at the time - but then later tries to find it
hours of employment - conditions - age of workers
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
can appeal - subject to new trial


25. TRIPS agreement
novel - useful - non obvious
signed by hundreds of countries that establishes standards for the international protection of intellectual property
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


26. Sambucks vs. starbucks
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the property that will benefit from a profit
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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


27. Mail Fraud Act of 1990 is what?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
arises when customers begin to associate a specific term or phrase with specific trademarked items
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


28. Duress criminal defense
offering someone who works at a different firm money for their trade secrets
finder after obtaining a title
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
agreement permitting use of a trademark


29. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
classic stone corp. owns a profit in gross - and cannot transfer this right to another
it rewards citizens for putting land to good use rather than just sitting on expanses of property
given exclusive possession and control over property - and knowingly accept responsibility


30. Purpose of criminal penalties?
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
generally the use of a software to perform a job or deliver product
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


31. What are strong Marks?
the corporation could have prevented such acts
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
a warranty that the buyer will not be disturbed in their possession of the land
birth - child placement - employee health - care for spouse - child - or parent - military duty


32. What is the determining issue when proving entrapment?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
finder after obtaining a title
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


33. What is a profit under real property law?
voluntarily parted with at the time - but then later tries to find it
the right to enter onto another persons property with the intentions of removing something valuable
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
No - they are considered to be goods and is governed by the uniform commercial code


34. Outcome of unanimous not guilty?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
cannot be tried again - no appeal
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
No - but if they find any other reason - like you have been late often than you'll probably get fired


35. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mental state or intent part 2 of 2 for determining criminal liability
classic stone corp. owns a profit in gross - and cannot transfer this right to another
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


36. Mistake of fact criminal defense example

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37. What must a deed possess to be valid?

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38. What composes RICO?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
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


39. 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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40. Example of an exception to the at will doctrine based on contract theory
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
secondary meaning
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
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


41. Title VII prevents discrimination in?

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42. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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43. Determining disability regarding with and without equipment?
distinctive decor - menu - style - service of an offering
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


44. Outcome of a unanimous guilty verdict?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
novel - useful - non obvious
can appeal - subject to new trial
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


45. Meta tags
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
key words of a website that are used for search engines
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


46. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
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
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
streamlines and standardizes the processes for applying for a trademark abroad


47. Drake V. Walton County regarding the county taking property
criticism - use in satire - news report - use to educate
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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.
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


48. Responsible corporate officer doctrine?
birth - child placement - employee health - care for spouse - child - or parent - military duty
members cannot give nationals favorable treatment
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


49. The madrid protocol accomplishes what?
obtaining ownership by living on anothers property
No - they are considered to be goods and is governed by the uniform commercial code
streamlines and standardizes the processes for applying for a trademark abroad
agreement permitting use of a trademark


50. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.