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. 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
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
property of one person rightfully in possession of another - custody
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


2. In order for a disability to be legally recognized what must exist?
process of hiding the source of illegally acquired funds
owners of secret must try and protect - destroy garbage
any party can terminate an employment arrangement at anytime no questions asked
record of such condition - being regarded as actually having a condition


3. Burglary
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
breaking into a residence with the intent of performing a felony. this is a crime against property.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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


4. Trademark dilution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
record of such condition - being regarded as actually having a condition
novel - useful - non obvious
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


5. Meta tag example about terri welles
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
No - property gifts are common


6. Larceny
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
taking property away from the owner with the intent of permanently removing them of ownership


7. Reverse discrimination example firefighters
reverse engineer - go through garbage..
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
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
entry of a plea - guilty/ not guilty


8. Determining disability regarding with and without equipment?
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


9. Engagement rings are considered to be?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
classic stone corp. owns a profit in gross - and cannot transfer this right to another
conditional gifts that are only accepted upon the performance of marriage
mental state or intent part 2 of 2 for determining criminal liability


10. What is the result of a mistrial or a hung jury?
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


11. Gold club corporate criminal liability example?
hours of employment - conditions - age of workers
work for a company with more than 50 employees - employed for a year - and must try to give notice
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


12. What is an easement by prescription?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


13. KSR Internation V. Teleflex INC. regarding what is patentable?

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14. Estray statutes encourage what?
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
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
allows for use of copyrighted material under certain guidelines
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


15. Embezzlement
owners of secret must try and protect - destroy garbage
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
property of one person rightfully in possession of another - custody
fraudulent miss-use of funds that have been entrusted to them


16. What is an easement?
mental state or intent part 2 of 2 for determining criminal liability
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
another persons right to make limited use of another persons real property without taking anything away from the property


17. Constructive bailments are?

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18. Triple amount of damages definition
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
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
treble damages


19. Examples of collective marks
finder after obtaining a title
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
a warranty that the buyer will not be disturbed in their possession of the land
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


20. Example of an exception to the at will doctrine based on tort theory
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
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
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


21. Can you be fired for whistle blowing?

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22. Arrest requires
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the property that is burdened by a profit
20 years from filing
probable cause


23. License in trademark law?
given exclusive possession and control over property - and knowingly accept responsibility
agreement permitting use of a trademark
process of hiding the source of illegally acquired funds
first person to invent not file for patent


24. Business process patents involve?
generally the use of a software to perform a job or deliver product
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
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that is burdened by a profit


25. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
entry of a plea - guilty/ not guilty
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


26. Mail fraud act example senator?
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
treble damages
generally the use of a software to perform a job or deliver product
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


27. 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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28. What is an easement by implication?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
test is originality - lasts life of creator - protection is automatic
who has been using it first or filed for it first


29. What composes RICO?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
process of hiding the source of illegally acquired funds
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
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


30. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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31. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
hours of employment - conditions - age of workers


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

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33. What are the requirements for making a gift an effective transfer of ownership?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
intent - delivery - acceptance


34. Secondary Meaning Example frosty treats
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
secondary meaning
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


35. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
20 years from filing
reverse engineer - go through garbage..
secondary meaning


36. Copyright requirements
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
sally would possess an easement in this case - the right to travel across property owner peter's land
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
test is originality - lasts life of creator - protection is automatic


37. Money laundering
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
used by members of a cooperative organization to certify the quality of service or product
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
process of hiding the source of illegally acquired funds


38. Arraignment is what?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
entry of a plea - guilty/ not guilty
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


39. Attorney client privilege accomplishes what?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
10 year period renewable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


40. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
must effectively try to acquire protection as well as keep the secret
secondary meaning
No - but if they find any other reason - like you have been late often than you'll probably get fired


41. Trademarks are good for? are they renewable
prohibits excessive bail and fines - cruel and unusual punishment
criticism - use in satire - news report - use to educate
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
10 year period renewable


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

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43. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
taking property away from the owner with the intent of permanently removing them of ownership
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
fraudulent miss-use of funds that have been entrusted to them


44. Fair use doctrine
members cannot give nationals favorable treatment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
allows for use of copyrighted material under certain guidelines
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


45. Generic terms can never have?
secondary meaning
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
this for that - sexual favors - general conduct however one incident is not enough


46. 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?
test is originality - lasts life of creator - protection is automatic
classic stone corp. owns a profit in gross - and cannot transfer this right to another
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
multiple owners of real or personal property


47. The EEOC requires that victims do what before they hold employers liable?
streamlines and standardizes the processes for applying for a trademark abroad
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


48. Remedies for patent infringement
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
reverse engineer - go through garbage..


49. Darst V. Interstate Brands Corp. regarding family and medical leave rights
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
can appeal - subject to new trial
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
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


50. Title VII protected categories?
race - sex - national origin - color - religion
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
test is originality - lasts life of creator - protection is automatic