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 is an implied warranty of habitability?
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
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
used by members of a cooperative organization to certify the quality of service or product
document by which title to property is passed


2. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
allows for use of copyrighted material under certain guidelines
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
this for that - sexual favors - general conduct however one incident is not enough


3. The WARN act calls for what?
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
key words of a website that are used for search engines
multiple owners of real or personal property
mental state or intent part 2 of 2 for determining criminal liability


4. What is an easement?
reverse engineer - go through garbage..
No - but if they find any other reason - like you have been late often than you'll probably get fired
document by which title to property is passed
another persons right to make limited use of another persons real property without taking anything away from the property


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

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6. What are the requirements for making a gift an effective transfer of ownership?
given exclusive possession and control over property - and knowingly accept responsibility
intent - delivery - acceptance
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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


7. What terminates an easement?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
criminal defense stating that a crime was necessary in preventing an even greater crime
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


8. How can someone legally acquire trade secrets?
10 years and it is renewable
used by members of a cooperative organization to certify the quality of service or product
reverse engineer - go through garbage..
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


9. Country club case
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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


10. How long is a trademark protected? is it renewable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
10 years and it is renewable
novel - useful - non obvious
the right to enter onto another persons property with the intentions of removing something valuable


11. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
any party can terminate an employment arrangement at anytime no questions asked
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


12. What must a deed possess to be valid?

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13. Trademark dilution
treble damages
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
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


14. 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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15. What are the requirements for adverse possession to be recognized?
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
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
record of such condition - being regarded as actually having a condition
owner of premise where it was found - after good title is acquired


16. Secondary Meaning Example frosty treats
classic stone corp. owns a profit in gross - and cannot transfer this right to another
reverse engineer - go through 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
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


17. Discrimination during the hiring process is acceptable when?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


18. Cybersquatting
birth - child placement - employee health - care for spouse - child - or parent - military duty
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
a warranty that the buyer will not be disturbed in their possession of the land


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

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20. Concurrent ownership
property of one person rightfully in possession of another - custody
another persons right to make limited use of another persons real property without taking anything away from the property
multiple owners of real or personal property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


21. What is a Deed
classic stone corp. owns a profit in gross - and cannot transfer this right to another
document by which title to property is passed
must effectively try to acquire protection as well as keep the secret
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


22. Outcome of a unanimous guilty verdict?
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
sally would possess an easement in this case - the right to travel across property owner peter's land
secondary meaning
can appeal - subject to new trial


23. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
breaking into a residence with the intent of performing a felony. this is a crime against property.
can appeal - subject to new trial
the right to enter onto another persons property with the intentions of removing something valuable


24. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
document by which title to property is passed
sexual harassment is protected under title 7 because it effects genders differently in the workplace


25. Larceny
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
offering someone who works at a different firm money for their trade secrets
taking property away from the owner with the intent of permanently removing them of ownership
race - sex - national origin - color - religion


26. Outcome of unanimous not guilty?
criminal defense stating that a crime was necessary in preventing an even greater crime
the corporation could have prevented such acts
this for that - sexual favors - general conduct however one incident is not enough
cannot be tried again - no appeal


27. Mens Rea
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
owner of premise where it was found - after good title is acquired
cannot be tried again - no appeal
mental state or intent part 2 of 2 for determining criminal liability


28. What is a license considered to be in real property law?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
treble damages


29. In the united states who gets the patent if there is a conflict?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
hours of employment - conditions - age of workers
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
first person to invent not file for patent


30. What is the result of a mistrial or a hung jury?
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
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
mental state or intent part 2 of 2 for determining criminal liability
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


31. Generic terms can never have?
secondary meaning
document by which title to property is passed
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


32. In real property law who is considered to be the servient estate?
ownership rights to property
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the property that is burdened by a profit


33. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


34. Patent Requirements
10 year period renewable
novel - useful - non obvious
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
multiple owners of real or personal property


35. Mistake of fact criminal defense example

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36. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
another persons right to make limited use of another persons real property without taking anything away from the property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
intent when attached and will item be damaged because of removal? hard to determine


37. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
No - property gifts are common
cannot be tried again - no appeal


38. Workers comp and negligence

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39. What kind of mistake can be used as criminal defense?
reverse engineer - go through garbage..
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
first person to invent not file for patent
mistake of fact


40. Arrest requires
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
probable cause


41. How long are patents protected?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
20 years from filing
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


42. Indictment requires
property of one person rightfully in possession of another - custody
sufficient evidence
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


43. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
must effectively try to acquire protection as well as keep the secret
secondary meaning


44. Money laundering
process of hiding the source of illegally acquired funds
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
novel - useful - non obvious
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


45. Candyland example?
voluntarily parted with at the time - but then later tries to find it
members cannot give nationals favorable treatment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


46. What is secondary meaning?
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
arises when customers begin to associate a specific term or phrase with specific trademarked items
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


47. Strong Marks Case Example

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48. Tenancy by the entirety - or community ownership
the property that is burdened by a profit
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


49. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
can appeal - subject to new trial
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
mistake of fact


50. The madrid protocol accomplishes what?
work for a company with more than 50 employees - employed for a year - and must try to give notice
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
streamlines and standardizes the processes for applying for a trademark abroad
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