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Test your basic knowledge |
Business Law Yale
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Subjects
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law
,
business-law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
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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. Money laundering
criticism - use in satire - news report - use to educate
test is originality - lasts life of creator - protection is automatic
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
process of hiding the source of illegally acquired funds
2. Example of an exception to the at will doctrine based on contract theory
conditional gifts that are only accepted upon the performance of marriage
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
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
3. TRIPS agreement
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
secondary meaning
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
signed by hundreds of countries that establishes standards for the international protection of intellectual property
4. The madrid protocol accomplishes what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
streamlines and standardizes the processes for applying for a trademark abroad
generally the use of a software to perform a job or deliver product
5. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
fraudulent miss-use of funds that have been entrusted to them
distinctive decor - menu - style - service of an offering
used by members of a cooperative organization to certify the quality of service or product
6. Are commercial flights permitted to fly over private property?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
7. Requirements of a bailement
20 years from filing
given exclusive possession and control over property - and knowingly accept responsibility
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
a physical or mental impairment that substantially limits one or more major life activities
8. What composes RICO?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the right to enter onto another persons property with the intentions of removing something valuable
9. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
conditional gifts that are only accepted upon the performance of marriage
10. Drake V. Walton County regarding the county taking property
birth - child placement - employee health - care for spouse - child - or parent - military duty
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.
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
11. When property is found who gets property when it was abondoned?
finder after obtaining a title
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
12. Can you be fired for whistle blowing?
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13. Special Bailments
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
14. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
crops is considered to be real property and should be considered in the sale of such 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
15. What is an implied warranty of habitability?
sufficient evidence
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
16. Examples of collective marks
process of hiding the source of illegally acquired funds
must effectively try to acquire protection as well as keep the secret
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
17. How long are patents protected?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
20 years from filing
novel - useful - non obvious
10 year period renewable
18. 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
No - property gifts are common
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
19. What are the requirements for adverse possession to be recognized?
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
streamlines and standardizes the processes for applying for a trademark abroad
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
20. What composes an 'at will doctrine'
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
any party can terminate an employment arrangement at anytime no questions asked
No - property gifts are common
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
21. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
22. Country club case
breaking into a residence with the intent of performing a felony. this is a crime against property.
key words of a website that are used for search engines
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
novel - useful - non obvious
23. What is the difference between real and personal property?
record of such condition - being regarded as actually having a condition
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 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
24. Adverse possession
obtaining ownership by living on anothers property
conditional gifts that are only accepted upon the performance of marriage
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
25. 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?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
26. What is a warranty deed?
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
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.
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
probable cause
27. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
intent when attached and will item be damaged because of removal? hard to determine
28. Burglary
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
the corporation could have prevented such acts
the property that is burdened by a profit
breaking into a residence with the intent of performing a felony. this is a crime against property.
29. Larceny
first person to invent not file for patent
taking property away from the owner with the intent of permanently removing them of ownership
any party can terminate an employment arrangement at anytime no questions asked
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
30. Tenancy in common
No - they are considered to be goods and is governed by the uniform commercial code
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
key words of a website that are used for search engines
31. Possible ruling interpretations for accession cases
conditional gifts that are only accepted upon the performance of marriage
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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
32. How can someone legally acquire trade secrets?
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
the right to enter onto another persons property with the intentions of removing something valuable
breaking into a residence with the intent of performing a felony. this is a crime against property.
reverse engineer - go through garbage..
33. How can you come to possess land through adverse possession?
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
conditional gifts that are only accepted upon the performance of marriage
34. Patents allow for the owner to?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
35. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
used by members of a cooperative organization to certify the quality of service or product
cannot be tried again - no appeal
36. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
this for that - sexual favors - general conduct however one incident is not enough
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the corporation could have prevented such acts
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
37. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
38. 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
generally the use of a software to perform a job or deliver product
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ownership rights to property
39. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?
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40. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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 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
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
41. Outcome of unanimous not guilty?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
can appeal - subject to new trial
sally would possess an easement in this case - the right to travel across property owner peter's land
cannot be tried again - no appeal
42. Mail fraud act example senator?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
secondary meaning
43. Example of an exception to the at will doctrine based on tort theory
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
obtaining ownership by living on anothers property
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
entry of a plea - guilty/ not guilty
44. What terminates an easement?
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
ownership rights to property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
45. KSR Internation V. Teleflex INC. regarding what is patentable?
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46. Meta tags
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
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
key words of a website that are used for search engines
it rewards citizens for putting land to good use rather than just sitting on expanses of property
47. 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?
process of hiding the source of illegally acquired funds
finder after obtaining a title
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
48. Collective mark
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
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
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
used by members of a cooperative organization to certify the quality of service or product
49. Mislaid property
secondary meaning
birth - child placement - employee health - care for spouse - child - or parent - military duty
voluntarily parted with at the time - but then later tries to find it
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
50. Responsible corporate officer doctrine?
sally would possess an easement in this case - the right to travel across property owner peter's land
treble damages
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
Sorry!:) No result found.
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