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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. What composes RICO?
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
the corporation could have prevented such acts
a physical or mental impairment that substantially limits one or more major life activities
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

2. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
streamlines and standardizes the processes for applying for a trademark abroad
agreement permitting use of a trademark

3. What is the result of a mistrial or a hung jury?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
another persons right to make limited use of another persons real property without taking anything away from the property
novel - useful - non obvious

4. 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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5. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a physical or mental impairment that substantially limits one or more major life activities
mistake of fact
who has been using it first or filed for it first

6. Service mark
generally the use of a software to perform a job or deliver product
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
allows for use of copyrighted material under certain guidelines
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

7. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
intent when attached and will item be damaged because of removal? hard to determine

8. Generic terms can never have?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
secondary meaning

9. What is protected expression?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
key words of a website that are used for search engines
10 years and it is renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

10. Discrimination during the hiring process is acceptable when?
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
document by which title to property is passed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

11. What are some criminal defenses
agreement permitting use of a trademark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
must effectively try to acquire protection as well as keep the secret

12. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
probable cause
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
multiple owners of real or personal property

13. When property is found who gets property when it was abondoned?
finder after obtaining a title
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

14. Patent Requirements
property of one person rightfully in possession of another - custody
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
novel - useful - non obvious
No - but if they find any other reason - like you have been late often than you'll probably get fired

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

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16. Collective mark
used by members of a cooperative organization to certify the quality of service or product
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

17. Sexual harassment is treated as what?
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
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
sufficient evidence

18. Counterfeiting example? regarding punishment
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
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

19. Engagement rings are considered to be?
sufficient evidence
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
conditional gifts that are only accepted upon the performance of marriage
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

20. TRIPS agreement
hours of employment - conditions - age of workers
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.
signed by hundreds of countries that establishes standards for the international protection of intellectual property
mental state or intent part 2 of 2 for determining criminal liability

21. Responsible corporate officer doctrine?
owners of secret must try and protect - destroy garbage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

22. Attorney client privilege accomplishes what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
mistake of fact
secondary meaning

23. In the united states who gets the patent if there is a conflict?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
first person to invent not file for patent
it rewards citizens for putting land to good use rather than just sitting on expanses of property

24. Reasonable accommodation requirements by the ADA
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

25. Candyland example?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

26. Derivative work
10 year period renewable
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 right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

27. What terminates an easement?
property of one person rightfully in possession of another - custody
who has been using it first or filed for it first
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
criticism - use in satire - news report - use to educate

28. Country club case
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
finder after obtaining a title
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

29. 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
secondary meaning
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

30. Mistake of fact criminal defense example

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31. What is not copyrightable?
multiple owners of real or personal property
a warranty that the buyer will not be disturbed in their possession of the land
who has been using it first or filed for it first
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

32. Robbery
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
criticism - use in satire - news report - use to educate
it is a federal crime to use the us postal service to defraud others on false pretenses
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

33. Commercial bribery example
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
another persons right to make limited use of another persons real property without taking anything away from the property
offering someone who works at a different firm money for their trade secrets
intent when attached and will item be damaged because of removal? hard to determine

34. In order to receive protection under the family medical leave act - one must?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can appeal - subject to new trial
finder after obtaining a title
work for a company with more than 50 employees - employed for a year - and must try to give notice

35. Adverse possession
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
obtaining ownership by living on anothers property
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

36. Indictment requires
any party can terminate an employment arrangement at anytime no questions asked
birth - child placement - employee health - care for spouse - child - or parent - military duty
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
sufficient evidence

37. What is Actus Reus
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
crops is considered to be real property and should be considered in the sale of such property.

38. Certification mark
breaking into a residence with the intent of performing a felony. this is a crime against property.
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
conditional gifts that are only accepted upon the performance of marriage
any party can terminate an employment arrangement at anytime no questions asked

39. Are commercial flights permitted to fly over private property?
a deed that transfers interest in a life estate from one to another
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - they are considered to be goods and is governed by the uniform commercial code

40. Special Bailments
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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

41. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
who has been using it first or filed for it first
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

42. Fair use is limited to?
offering someone who works at a different firm money for their trade secrets
mistake of fact
secondary meaning
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

43. Examples of collective marks
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
cannot be tried again - no appeal
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

44. Title VII protected categories?
20 years from filing
race - sex - national origin - color - religion
this for that - sexual favors - general conduct however one incident is not enough
joint tenancy results in the ownership of property after the partner dies - a joint tenancy becomes a tenancy in common upon one party selling their stake

45. Joint tenancy
crops is considered to be real property and should be considered in the sale of such property.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
20 years from filing
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

46. What is secondary meaning?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
mental state or intent part 2 of 2 for determining criminal liability
arises when customers begin to associate a specific term or phrase with specific trademarked items
cannot be tried again - no appeal

47. What is a Deed
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
document by which title to property is passed
the property that will benefit from a profit
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

48. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - they are considered to be goods and is governed by the uniform commercial code
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
10 year period renewable

49. What is a covenant of quiet enjoyment?
a deed that transfers interest in a life estate from one to another
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

50. Example of an exception to the at will doctrine based on contract theory
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
probable cause
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
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