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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. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

2. TRIPS agreement
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property

3. How can someone legally acquire trade secrets?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
reverse engineer - go through garbage..
used by members of a cooperative organization to certify the quality of service or product
intent - delivery - acceptance

4. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a physical or mental impairment that substantially limits one or more major life activities
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

5. Collective mark
used by members of a cooperative organization to certify the quality of service or product
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
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

6. Steps to determining trademark infringement?
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
10 year period renewable
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

7. Title VII prevents discrimination in?

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8. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
members cannot give nationals favorable treatment
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

9. Attorney client privilege accomplishes what?
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
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
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

10. What is the determining issue when proving entrapment?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
No - they are considered to be goods and is governed by the uniform commercial code
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

11. What is not copyrightable?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a deed that transfers interest in a life estate from one to another
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
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

12. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

13. Engagement rings are considered to be?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
conditional gifts that are only accepted upon the performance of marriage
ownership rights to property

14. What is secondary meaning?
allows for use of copyrighted material under certain guidelines
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

15. Sambucks vs. starbucks
can appeal - subject to new trial
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 found that sambucks caused significant confusion required to harm the value of starbacks trademark
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

16. Possible ruling interpretations for accession cases
reverse engineer - go through garbage..
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
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

17. Example of an exception to the at will doctrine based on tort theory
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

18. What is an easement by implication?
10 years and it is renewable
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
who has been using it first or filed for it first
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

19. What is legally a disability?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
race - sex - national origin - color - religion
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a physical or mental impairment that substantially limits one or more major life activities

20. Secondary Meaning Example frosty treats
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
generally the use of a software to perform a job or deliver product
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

21. Members of the TRIPS agreement cannot do what?
generally the use of a software to perform a job or deliver product
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
members cannot give nationals favorable treatment

22. Roman Catholic Church V. Prince Reality Management regarding a license?
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
No - they are considered to be goods and is governed by the uniform commercial code

23. Arrest requires
finder after obtaining a title
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
probable cause
can appeal - subject to new trial

24. What protection does the 8th amendment provide?
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
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
prohibits excessive bail and fines - cruel and unusual punishment
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

25. Purpose of criminal penalties?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

26. In order to receive protection under the family medical leave act - one must?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

27. How are trade secrets treated and protected?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
this for that - sexual favors - general conduct however one incident is not enough
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
owners of secret must try and protect - destroy garbage

28. Is it a fixture?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
intent when attached and will item be damaged because of removal? hard to determine

29. What are the requirements for making a gift an effective transfer of ownership?
the property that will benefit from a profit
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
intent - delivery - acceptance

30. Examples of collective marks
it rewards citizens for putting land to good use rather than just sitting on expanses of property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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

31. What could be considered as sexual harassment in the work place
a physical or mental impairment that substantially limits one or more major life activities
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
this for that - sexual favors - general conduct however one incident is not enough

32. Are compilation of facts copyrightable? case example
cannot be tried again - no appeal
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

33. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
secondary meaning
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
arises when customers begin to associate a specific term or phrase with specific trademarked items

34. Estray statutes encourage what?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
generally the use of a software to perform a job or deliver product
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

35. Patents allow for the owner to?
property of one person rightfully in possession of another - custody
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

36. What is can be considered trade dress?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
distinctive decor - menu - style - service of an offering
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
reverse engineer - go through garbage..

37. Business process patents involve?
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
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
generally the use of a software to perform a job or deliver product
voluntarily parted with at the time - but then later tries to find it

38. What are the requirements for adverse possession to be recognized?
agreement permitting use of a trademark
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
members cannot give nationals favorable treatment
another persons right to make limited use of another persons real property without taking anything away from the property

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

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40. Mens Rea
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mental state or intent part 2 of 2 for determining criminal liability
probable cause
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

41. Meta tag example about terri welles
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
given exclusive possession and control over property - and knowingly accept responsibility
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
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

42. Money laundering
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
process of hiding the source of illegally acquired funds
mental state or intent part 2 of 2 for determining criminal liability

43. Do Deeds require consideration to be valid?
No - property gifts are common
voluntarily parted with at the time - but then later tries to find it
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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

44. 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
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
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
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

45. Fair labor standards act covers issues such as?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
mistake of fact
hours of employment - conditions - age of workers
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

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

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47. When property is found that was mislaid who owns it?
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
10 year period renewable
owner of premise where it was found - after good title is acquired

48. 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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49. Adverse possession
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
obtaining ownership by living on anothers property

50. Triple amount of damages definition
treble damages
cannot be tried again - no appeal
mistake of fact
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement