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 a covenant of quiet enjoyment?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
test is originality - lasts life of creator - protection is automatic
arises when customers begin to associate a specific term or phrase with specific trademarked items
a warranty that the buyer will not be disturbed in their possession of the land


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

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3. Meta tags
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
key words of a website that are used for search engines
prohibits excessive bail and fines - cruel and unusual punishment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


4. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
key words of a website that are used for search engines
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


5. 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
treble damages
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


6. What happens when land is sold that is growing crops?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
crops is considered to be real property and should be considered in the sale of such property.
it rewards citizens for putting land to good use rather than just sitting on expanses of property


7. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
generally the use of a software to perform a job or deliver product
cannot be tried again - no appeal


8. What is an implied warranty of habitability?
the corporation could have prevented such acts
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
conditional gifts that are only accepted upon the performance of marriage
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


9. Fair use is limited to?
agreement permitting use of a trademark
process of hiding the source of illegally acquired funds
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
owners of secret must try and protect - destroy garbage


10. Cybersquatting
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
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


11. 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?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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


12. What are the requirements for adverse possession to be recognized?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
prohibits excessive bail and fines - cruel and unusual punishment
race - sex - national origin - color - religion
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


13. Collective mark
race - sex - national origin - color - religion
taking property away from the owner with the intent of permanently removing them of ownership
signed by hundreds of countries that establishes standards for the international protection of intellectual property
used by members of a cooperative organization to certify the quality of service or product


14. Americans with disabilities act accomplishes what?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


15. Reasonable accommodation requirements by the ADA
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
document by which title to property is passed
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


16. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
distinctive decor - menu - style - service of an offering
first person to invent not file for patent
mental state or intent part 2 of 2 for determining criminal liability


17. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
taking property away from the owner with the intent of permanently removing them of ownership
race - sex - national origin - color - religion
secondary meaning
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


18. What is a Deed
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 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
document by which title to property is passed
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


19. The WARN act calls for what?
work for a company with more than 50 employees - employed for a year - and must try to give notice
owners of secret must try and protect - destroy garbage
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


20. Example of an exception to the at will doctrine based on contract theory
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
members cannot give nationals favorable treatment


21. Title VII protected categories?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
must effectively try to acquire protection as well as keep the secret
signed by hundreds of countries that establishes standards for the international protection of intellectual property
race - sex - national origin - color - religion


22. Example of how an idea can be inseparable from its expression

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

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24. What composes RICO?
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
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
20 years from filing
race - sex - national origin - color - religion


25. Sexual harassment is treated as what?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
owner of premise where it was found - after good title is acquired
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
sexual harassment is protected under title 7 because it effects genders differently in the workplace


26. Special Bailments
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
first person to invent not file for patent
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
No - but if they find any other reason - like you have been late often than you'll probably get fired


27. Tenancy in common
secondary meaning
a physical or mental impairment that substantially limits one or more major life activities
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


28. Engagement rings are considered to be?
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
conditional gifts that are only accepted upon the performance of marriage


29. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
fraudulent miss-use of funds that have been entrusted to them
intent when attached and will item be damaged because of removal? hard to determine


30. 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
multiple owners of real or personal property
10 years and it is renewable
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


31. 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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32. Are commercial flights permitted to fly over private property?
mental state or intent part 2 of 2 for determining criminal liability
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


33. Members of the TRIPS agreement cannot do what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
cannot be tried again - no appeal
members cannot give nationals favorable treatment


34. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
reverse engineer - go through garbage..
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


35. What is an easement by implication?
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
must effectively try to acquire protection as well as keep the secret
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
a physical or mental impairment that substantially limits one or more major life activities


36. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
classic stone corp. owns a profit in gross - and cannot transfer this right to another
finder after obtaining a title
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


37. Sambucks vs. starbucks
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
process of hiding the source of illegally acquired funds
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


38. Significance of coca-cola V. koke Co of America
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
No - they are considered to be goods and is governed by the uniform commercial code
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
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


39. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
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


40. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
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
owners of secret must try and protect - destroy garbage
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


41. Napster example?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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


42. What terminates an easement?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
agreement permitting use of a trademark
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


43. Darst V. Interstate Brands Corp. regarding family and medical leave rights
who has been using it first or filed for it first
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
the corporation could have prevented such acts
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


44. The Berne Convention
probable cause
the right to enter onto another persons property with the intentions of removing something valuable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


45. What must a deed possess to be valid?

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46. How long is a trademark protected? is it renewable
key words of a website that are used for search engines
allows for use of copyrighted material under certain guidelines
10 years and it is renewable
owners of secret must try and protect - destroy garbage


47. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
10 year period renewable
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


48. What composes an 'at will doctrine'
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
any party can terminate an employment arrangement at anytime no questions asked
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
20 years from filing


49. What is a conveyance?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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 transfers interest in a life estate from one to another
intent when attached and will item be damaged because of removal? hard to determine


50. What is the result of a mistrial or a hung jury?
the corporation could have prevented such acts
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
criticism - use in satire - news report - use to educate