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 could be considered as sexual harassment in the work place
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
this for that - sexual favors - general conduct however one incident is not enough


2. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
arises when customers begin to associate a specific term or phrase with specific trademarked items
race - sex - national origin - color - religion
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


3. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
criminal defense stating that a crime was necessary in preventing an even greater crime
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
mistake of fact


4. What is a license considered to be in real property law?
generally the use of a software to perform a job or deliver product
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
prohibits excessive bail and fines - cruel and unusual punishment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


5. Trademarks are good for? are they renewable
10 year period renewable
novel - useful - non obvious
No - but if they find any other reason - like you have been late often than you'll probably get fired
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


6. What is an implied warranty of habitability?
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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


7. 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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8. How can someone legally acquire trade secrets?
secondary meaning
reverse engineer - go through garbage..
20 years from filing
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


9. Adverse possession
treble damages
secondary meaning
obtaining ownership by living on anothers property
any party can terminate an employment arrangement at anytime no questions asked


10. What is a conveyance?
cannot be tried again - no appeal
No - but if they find any other reason - like you have been late often than you'll probably get fired
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a deed that transfers interest in a life estate from one to another


11. Larceny
ownership rights to property
taking property away from the owner with the intent of permanently removing them of 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
owner of premise where it was found - after good title is acquired


12. Mens Rea
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
mental state or intent part 2 of 2 for determining criminal liability
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


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.
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
a physical or mental impairment that substantially limits one or more major life activities
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


14. TRIPS agreement
fraudulent miss-use of funds that have been entrusted to them
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the property that is burdened by a profit


15. In order for a disability to be legally recognized what must exist?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
record of such condition - being regarded as actually having a condition


16. Workers comp and negligence

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17. Example of an exception to the at will doctrine based on contract theory
crops is considered to be real property and should be considered in the sale of such property.
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


18. Meta tag example about terri welles
key words of a website that are used for search engines
10 years and it is renewable
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property


19. The EEOC requires that victims do what before they hold employers liable?
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


20. What determines likeliness of confusion?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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


21. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
who has been using it first or filed for it first
breaking into a residence with the intent of performing a felony. this is a crime against property.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


22. Outcome of unanimous not guilty?
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
property of one person rightfully in possession of another - custody
process of hiding the source of illegally acquired funds
cannot be tried again - no appeal


23. Reverse discrimination example firefighters
owner of premise where it was found - after good title is acquired
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
No - but if they find any other reason - like you have been late often than you'll probably get fired


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

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25. Title VII prevents discrimination in?

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26. What is an easement by implication?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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.
10 year period renewable


27. Bailments are?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
No - they are considered to be goods and is governed by the uniform commercial code
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
property of one person rightfully in possession of another - custody


28. Patent Requirements
this for that - sexual favors - general conduct however one incident is not enough
novel - useful - non obvious
generally the use of a software to perform a job or deliver product
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


29. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
generally the use of a software to perform a job or deliver product


30. Robbery
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
members cannot give nationals favorable treatment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a warranty that the buyer will not be disturbed in their possession of the land


31. Fair use doctrine
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
allows for use of copyrighted material under certain guidelines
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


32. Are compilation of facts copyrightable? case example
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
fraudulent miss-use of funds that have been entrusted to them
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


33. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
treble damages
finder after obtaining a title


34. What is the difference between real and personal property?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
No - but if they find any other reason - like you have been late often than you'll probably get fired
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
fraudulent miss-use of funds that have been entrusted to them


35. In real property law who is considered to be the dominant estate?
prohibits excessive bail and fines - cruel and unusual punishment
No - but if they find any other reason - like you have been late often than you'll probably get fired
arises when customers begin to associate a specific term or phrase with specific trademarked items
the property that will benefit from a profit


36. Sexual harassment is treated as what?
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
race - sex - national origin - color - religion
sexual harassment is protected under title 7 because it effects genders differently in the workplace
any party can terminate an employment arrangement at anytime no questions asked


37. How can you come to possess land through adverse possession?
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
conditional gifts that are only accepted upon the performance of marriage
cannot be tried again - no appeal
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


38. Tenancy in common
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


39. Patents allow for the owner to?
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
offering someone who works at a different firm money for their trade secrets
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


40. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
document by which title to property is passed


41. What is the result of a mistrial or a hung jury?
test is originality - lasts life of creator - protection is automatic
sally would possess an easement in this case - the right to travel across property owner peter's land
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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. Mistake of fact criminal defense example

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43. Estray statutes encourage what?
document by which title to property is passed
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


44. Example of an exception to the at will doctrine based on tort theory
race - sex - national origin - color - religion
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


45. What terminates an easement?
sufficient evidence
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


46. Gold club corporate criminal liability example?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
test is originality - lasts life of creator - protection is automatic
sufficient evidence


47. When property is found who gets property when it was abondoned?
given exclusive possession and control over property - and knowingly accept responsibility
the property that will benefit from a profit
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
finder after obtaining a title


48. How long is a trademark protected? is it renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
classic stone corp. owns a profit in gross - and cannot transfer this right to another
10 years and it is renewable
race - sex - national origin - color - religion


49. Business process patents involve?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
No - property gifts are common
generally the use of a software to perform a job or deliver product


50. Possible ruling interpretations for accession cases
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
members cannot give nationals favorable treatment