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

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2. What is protected expression?
No - they are considered to be goods and is governed by the uniform commercial code
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


3. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
obtaining ownership by living on anothers property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
agreement permitting use of a trademark


4. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
agreement permitting use of a trademark
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
another persons right to make limited use of another persons real property without taking anything away from the property


5. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
allows for use of copyrighted material under certain guidelines
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
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


6. What composes an 'at will doctrine'
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
any party can terminate an employment arrangement at anytime no questions asked
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


7. TRIPS agreement
birth - child placement - employee health - care for spouse - child - or parent - military duty
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
signed by hundreds of countries that establishes standards for the international protection of intellectual property


8. What is an easement?
a deed that transfers interest in a life estate from one to another
another persons right to make limited use of another persons real property without taking anything away from the property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used by members of a cooperative organization to certify the quality of service or product


9. Mislaid property
10 year period renewable
voluntarily parted with at the time - but then later tries to find it
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 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


10. What is a warranty deed?
process of hiding the source of illegally acquired funds
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


11. 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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12. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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


13. Drake V. Walton County regarding the county taking property
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.
No - but if they find any other reason - like you have been late often than you'll probably get fired
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
it is a federal crime to use the us postal service to defraud others on false pretenses


14. Outcome of unanimous not guilty?
agreement permitting use of a trademark
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
cannot be tried again - no appeal


15. Dominion
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
ownership rights to property
the property that will benefit from a profit
novel - useful - non obvious


16. What could be considered as sexual harassment in the work place
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
entry of a plea - guilty/ not guilty
this for that - sexual favors - general conduct however one incident is not enough
intent when attached and will item be damaged because of removal? hard to determine


17. Remedies for patent infringement
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mental state or intent part 2 of 2 for determining criminal liability


18. Arraignment is what?
20 years from filing
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
No - property gifts are common
entry of a plea - guilty/ not guilty


19. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
streamlines and standardizes the processes for applying for a trademark abroad
the right to enter onto another persons property with the intentions of removing something valuable
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


20. Strong Marks Case Example

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21. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
classic stone corp. owns a profit in gross - and cannot transfer this right to another
treble damages
ownership rights to property


22. In real property law who is considered to be the servient estate?
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
hours of employment - conditions - age of workers
the property that is burdened by a profit
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


23. Indictment requires
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
it is a federal crime to use the us postal service to defraud others on false pretenses
intent when attached and will item be damaged because of removal? hard to determine
sufficient evidence


24. Outcome of a unanimous guilty verdict?
treble damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
can appeal - subject to new trial


25. Duress criminal defense
the property that will benefit from a profit
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
classic stone corp. owns a profit in gross - and cannot transfer this right to another
criminal defense stating that a crime was necessary in preventing an even greater crime


26. What composes RICO?
10 year period renewable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


27. Fair use is limited to?
novel - useful - non obvious
reverse engineer - go through garbage..
work for a company with more than 50 employees - employed for a year - and must try to give notice
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


28. Members of the TRIPS agreement cannot do what?
cannot be tried again - no appeal
members cannot give nationals favorable treatment
mistake of fact
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


29. When property is found who gets property when it was abondoned?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


30. Embezzlement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fraudulent miss-use of funds that have been entrusted to them
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
probable cause


31. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


32. What are the requirements for making a gift an effective transfer of ownership?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
intent - delivery - acceptance
a physical or mental impairment that substantially limits one or more major life activities


33. Workers comp and negligence

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34. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
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
entry of a plea - guilty/ not guilty
arises when customers begin to associate a specific term or phrase with specific trademarked items


35. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


36. 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
sally would possess an easement in this case - the right to travel across property owner peter's land
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


37. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
agreement permitting use of a trademark
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


38. Business process patents involve?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
generally the use of a software to perform a job or deliver product
fraudulent miss-use of funds that have been entrusted to them
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


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?
10 year period renewable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the property that is burdened by a profit


40. Constructive bailments are?

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41. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


42. Joint tenancy
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
No - property gifts are common
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
entry of a plea - guilty/ not guilty


43. Meta tags
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
key words of a website that are used for search engines
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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


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

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45. Can you be fired for whistle blowing?

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46. Trademark dilution
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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


47. Is it a fixture?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
intent when attached and will item be damaged because of removal? hard to determine
allows for use of copyrighted material under certain guidelines
intent - delivery - acceptance


48. 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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
offering someone who works at a different firm money for their trade secrets
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


49. Tenancy in common
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
owners of secret must try and protect - destroy garbage
crops is considered to be real property and should be considered in the sale of such property.


50. EEOC is responsible for doing what?
reverse engineer - go through garbage..
No - property gifts are common
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter