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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. Commercial bribery example
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
offering someone who works at a different firm money for their trade secrets
work for a company with more than 50 employees - employed for a year - and must try to give notice
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

2. Are crops real property when they are sold?
key words of a website that are used for search engines
prohibits excessive bail and fines - cruel and unusual punishment
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
No - they are considered to be goods and is governed by the uniform commercial code

3. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
used by members of a cooperative organization to certify the quality of service or product
secondary meaning
intent - delivery - acceptance

4. Napster example?
work for a company with more than 50 employees - employed for a year - and must try to give notice
it rewards citizens for putting land to good use rather than just sitting on expanses of property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

5. 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
No - they are considered to be goods and is governed by the uniform commercial code
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

6. Arraignment is what?
entry of a plea - guilty/ not guilty
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

7. The WARN act calls for what?
secondary meaning
property of one person rightfully in possession of another - custody
members cannot give nationals favorable treatment
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

8. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
agreement permitting use of a trademark
the corporation could have prevented such acts
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property

9. Are commercial flights permitted to fly over private property?
obtaining ownership by living on anothers property
used by members of a cooperative organization to certify the quality of service or product
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

10. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
entrapment is the influence of a police officer to commit a crime - one must prove that they would not have done it without the influence

11. What is the result of a mistrial or a hung jury?
intent - delivery - acceptance
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
owner of premise where it was found - after good title is acquired

12. What is Actus Reus
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

13. Copyright requirements
sexual harassment is protected under title 7 because it effects genders differently in the workplace
test is originality - lasts life of creator - protection is automatic
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

14. Mistake of fact criminal defense example

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15. What is a license considered to be in real property law?
mistake of fact
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

16. Special Bailments
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
test is originality - lasts life of creator - protection is automatic

17. In order to prove discrimination in hiring one has to prove?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
allows for use of copyrighted material under certain guidelines
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

18. Title VII prevents discrimination in?

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19. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
classic stone corp. owns a profit in gross - and cannot transfer this right to another
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
record of such condition - being regarded as actually having a condition

20. Determining disability regarding with and without equipment?
10 years and it is renewable
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
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

21. Do Deeds require consideration to be valid?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
intent - delivery - acceptance
No - property gifts are common

22. What is not copyrightable?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

23. Roman Catholic Church V. Prince Reality Management regarding a license?
process of hiding the source of illegally acquired funds
20 years from filing
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

24. Sexual harassment is treated as 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
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
a deed that transfers interest in a life estate from one to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace

25. What are the requirements for adverse possession to be recognized?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

26. Country club case
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
No - property gifts are common

27. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
sufficient evidence
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
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

28. What is a covenant of quiet enjoyment?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a warranty that the buyer will not be disturbed in their possession of the land

29. Reasonable accommodation requirements by the ADA
the corporation could have prevented such acts
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
process of hiding the source of illegally acquired funds
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

30. 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
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

31. What must a deed possess to be valid?

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32. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
novel - useful - non obvious
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
crops is considered to be real property and should be considered in the sale of such property.

33. Indictment requires
sufficient evidence
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
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
voluntarily parted with at the time - but then later tries to find it

34. Collective mark
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
used by members of a cooperative organization to certify the quality of service or product
owners of secret must try and protect - destroy garbage
owner of premise where it was found - after good title is acquired

35. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
streamlines and standardizes the processes for applying for a trademark abroad
document by which title to property is passed
probable cause

36. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

37. 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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

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

39. What is the difference between real and personal property?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

40. Significance of coca-cola V. koke Co of America
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
owner of premise where it was found - after good title is acquired
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
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

41. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
members cannot give nationals favorable treatment
the right to enter onto another persons property with the intentions of removing something valuable
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

42. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
the property that is burdened by a profit
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

43. Outcome of a unanimous guilty verdict?
it is a federal crime to use the us postal service to defraud others on false pretenses
a warranty that the buyer will not be disturbed in their possession of the land
can appeal - subject to new trial
mental state or intent part 2 of 2 for determining criminal liability

44. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
can appeal - subject to new trial

45. Mail fraud act example senator?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
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

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

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47. Fair labor standards act covers issues such as?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
hours of employment - conditions - age of workers
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

48. Gold club corporate criminal liability example?
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
hours of employment - conditions - age of workers
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

49. Reverse discrimination example firefighters
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
another persons right to make limited use of another persons real property without taking anything away from the property
the corporation could have prevented such acts
the property that is burdened by a profit

50. What is the determining issue when proving entrapment?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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