Test your basic knowledge |

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. 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?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

2. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
sufficient evidence
offering someone who works at a different firm money for their trade secrets
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

3. Mislaid property
first person to invent not file for patent
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
voluntarily parted with at the time - but then later tries to find it
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

4. Burglary
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
breaking into a residence with the intent of performing a felony. this is a crime against property.
10 years and it is renewable

5. In order to recieve protection what must one do?
prohibits excessive bail and fines - cruel and unusual punishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
must effectively try to acquire protection as well as keep the secret
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

6. Meta tags
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
key words of a website that are used for search engines
the right to enter onto another persons property with the intentions of removing something valuable

7. What is a warranty deed?
mistake of fact
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
reverse engineer - go through garbage..
this for that - sexual favors - general conduct however one incident is not enough

8. What determines likeliness of confusion?
multiple owners of real or personal property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

9. Trademark dilution
10 year period renewable
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
novel - useful - non obvious
obtaining ownership by living on anothers property

10. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
20 years from filing

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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

12. What is the purpose of the adverse possession doctrine?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

13. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
10 year period renewable
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

14. Fair labor standards act covers issues such as?
another persons right to make limited use of another persons real property without taking anything away from the property
hours of employment - conditions - age of workers
criminal defense stating that a crime was necessary in preventing an even greater crime
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

15. Tenancy by the entirety - or community ownership
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
ownership rights to property

16. Steps to determining trademark infringement?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
prohibits excessive bail and fines - cruel and unusual punishment

17. Cybersquatting
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
10 year period renewable
mistake of fact
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

18. Members of the TRIPS agreement cannot do what?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
members cannot give nationals favorable treatment

19. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to enter onto another persons property with the intentions of removing something valuable
secondary meaning
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

20. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
criticism - use in satire - news report - use to educate
used by members of a cooperative organization to certify the quality of service or product

21. Are compilation of facts copyrightable? case example
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
generally the use of a software to perform a job or deliver product
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
a warranty that the buyer will not be disturbed in their possession of the land

22. Tenancy in common
classic stone corp. owns a profit in gross - and cannot transfer this right to another
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
treble damages
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

23. Triple amount of damages definition
treble damages
10 years and it is renewable
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
agreement permitting use of a trademark

24. What uses fall under the fair use doctrine?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
criticism - use in satire - news report - use to educate
can appeal - subject to new trial
the corporation could have prevented such acts

25. Bailments are?
process of hiding the source of illegally acquired funds
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
mental state or intent part 2 of 2 for determining criminal liability
property of one person rightfully in possession of another - custody

26. How can you come to possess land through adverse possession?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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
fraudulent miss-use of funds that have been entrusted to them

27. Requirements of a bailement
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
given exclusive possession and control over property - and knowingly accept responsibility
criminal defense stating that a crime was necessary in preventing an even greater crime

28. Robbery
finder after obtaining a title
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - but if they find any other reason - like you have been late often than you'll probably get fired
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

29. What is a conveyance?
a deed that transfers interest in a life estate from one to another
generally the use of a software to perform a job or deliver product
hours of employment - conditions - age of workers
the property that is burdened by a profit

30. 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
fraudulent miss-use of funds that have been entrusted to them
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
conditional gifts that are only accepted upon the performance of marriage

31. Embezzlement
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
probable cause
fraudulent miss-use of funds that have been entrusted to them
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

32. Dominion
taking property away from the owner with the intent of permanently removing them of ownership
cannot be tried again - no appeal
ownership rights to property
key words of a website that are used for search engines

33. What protection does the 6th amendment provide?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
birth - child placement - employee health - care for spouse - child - or parent - military duty
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

34. What must a deed possess to be valid?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

35. EEOC is responsible for doing what?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

36. Copyright requirements
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
test is originality - lasts life of creator - protection is automatic
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
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

37. Country club case
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
can appeal - subject to new trial
it is a federal crime to use the us postal service to defraud others on false pretenses

38. Estray statutes encourage what?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
any party can terminate an employment arrangement at anytime no questions asked

39. Is it a fixture?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
process of hiding the source of illegally acquired funds
intent when attached and will item be damaged because of removal? hard to determine

40. How long is a copyright protected? for a corporation?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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

41. What is the determining issue when proving entrapment?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
novel - useful - non obvious
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

42. How is the right to use a trademark determined?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
who has been using it first or filed for it first
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

43. Special Bailments
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 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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

44. Age discrimination achieves what?
intent when attached and will item be damaged because of removal? hard to determine
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
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

45. In order to prove discrimination in hiring one has to prove?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
a deed that transfers interest in a life estate from one to another
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

46. The Berne Convention
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
given exclusive possession and control over property - and knowingly accept responsibility
the corporation could have prevented such acts

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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

48. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
mistake of fact
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

49. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
taking property away from the owner with the intent of permanently removing them of ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
streamlines and standardizes the processes for applying for a trademark abroad

50. Possible ruling interpretations for accession cases
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
key words of a website that are used for search engines
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks