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. Steps to determining trademark infringement?
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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
fraudulent miss-use of funds that have been entrusted to them


2. What is a profit under real property law?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
document by which title to property is passed
members cannot give nationals favorable treatment
the right to enter onto another persons property with the intentions of removing something valuable


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

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5. Mistake of fact criminal defense example

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

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7. How can someone legally acquire trade secrets?
first person to invent not file for patent
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
reverse engineer - go through garbage..
given exclusive possession and control over property - and knowingly accept responsibility


8. How is the right to use a trademark determined?
who has been using it first or filed for it first
the property that is burdened by a profit
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


9. What is secondary meaning?
a physical or mental impairment that substantially limits one or more major life activities
No - but if they find any other reason - like you have been late often than you'll probably get fired
arises when customers begin to associate a specific term or phrase with specific trademarked items
10 year period renewable


10. Money laundering
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
process of hiding the source of illegally acquired funds
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


11. In order to prove discrimination in hiring one has to prove?
sufficient evidence
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
voluntarily parted with at the time - but then later tries to find it


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

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13. Copyright requirements
test is originality - lasts life of creator - protection is automatic
distinctive decor - menu - style - service of an offering
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
the property that is burdened by a profit


14. Cybersquatting
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


15. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
secondary meaning
criminal defense stating that a crime was necessary in preventing an even greater crime


16. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
taking property away from the owner with the intent of permanently removing them of ownership
arises when customers begin to associate a specific term or phrase with specific trademarked items


17. Tenancy in common
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
used by members of a cooperative organization to certify the quality of service or product
breaking into a residence with the intent of performing a felony. this is a crime against property.


18. Bailments are?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
owners of secret must try and protect - destroy garbage
property of one person rightfully in possession of another - custody
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


19. Indictment requires
members cannot give nationals favorable treatment
must effectively try to acquire protection as well as keep the secret
sufficient evidence
conditional gifts that are only accepted upon the performance of marriage


20. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
owners of secret must try and protect - destroy garbage
can appeal - subject to new trial


21. Trademarks are good for? are they renewable
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
10 year period renewable
document by which title to property is passed
sally would possess an easement in this case - the right to travel across property owner peter's land


22. 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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
members cannot give nationals favorable treatment


23. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
signed by hundreds of countries that establishes standards for the international protection of intellectual property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
sufficient evidence


24. Business process patents involve?
generally the use of a software to perform a job or deliver product
given exclusive possession and control over property - and knowingly accept responsibility
document by which title to property is passed
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


25. What is a conveyance?
used by members of a cooperative organization to certify the quality of service or product
a deed that transfers interest in a life estate from one to another
this for that - sexual favors - general conduct however one incident is not enough
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


26. Dominion
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
first person to invent not file for patent
ownership rights to property
race - sex - national origin - color - religion


27. Fair use is limited to?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
used to protect famous trademarks from unauthorized use with non-competitive or related products; deals with somehow taking away from the value of the trademark - bugs bunny motel example
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


28. Arraignment is what?
the corporation could have prevented such acts
probable cause
entry of a plea - guilty/ not guilty
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


29. Reasonable accommodation requirements by the ADA
generally the use of a software to perform a job or deliver product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


30. Discrimination during the hiring process is acceptable when?
voluntarily parted with at the time - but then later tries to find it
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
this for that - sexual favors - general conduct however one incident is not enough


31. Triple amount of damages definition
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
treble damages
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


32. Commercial bribery example
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
agreement permitting use of a trademark
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
offering someone who works at a different firm money for their trade secrets


33. Remedies for patent infringement
taking property away from the owner with the intent of permanently removing them of ownership
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


34. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
process of hiding the source of illegally acquired funds
secondary meaning
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


35. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
entry of a plea - guilty/ not guilty
test is originality - lasts life of creator - protection is automatic
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


36. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
prohibits excessive bail and fines - cruel and unusual punishment
ownership rights to property
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


37. Fair use doctrine
allows for use of copyrighted material under certain guidelines
fraudulent miss-use of funds that have been entrusted to them
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
secondary meaning


38. What is a license considered to be in real property law?
prohibits excessive bail and fines - cruel and unusual punishment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
it rewards citizens for putting land to good use rather than just sitting on expanses of property
race - sex - national origin - color - religion


39. How long is a trademark protected? is it renewable
process of hiding the source of illegally acquired funds
10 years and it is renewable
this for that - sexual favors - general conduct however one incident is not enough
a physical or mental impairment that substantially limits one or more major life activities


40. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
prohibits excessive bail and fines - cruel and unusual punishment
any party can terminate an employment arrangement at anytime no questions asked
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


41. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
who has been using it first or filed for it first
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


42. What is a Deed
document by which title to property is passed
owners of secret must try and protect - destroy garbage
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
this for that - sexual favors - general conduct however one incident is not enough


43. The WARN act calls for what?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


44. The madrid protocol accomplishes what?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
streamlines and standardizes the processes for applying for a trademark abroad
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


45. What is protected expression?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a warranty that the buyer will not be disturbed in their possession of the land


46. Necessity defense
owner of premise where it was found - after good title is acquired
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
finder after obtaining a title
criminal defense stating that a crime was necessary in preventing an even greater crime


47. Do Deeds require consideration to be valid?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
No - property gifts are common
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


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

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49. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a deed that transfers interest in a life estate from one to another
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


50. Members of the TRIPS agreement cannot do what?
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
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
members cannot give nationals favorable treatment
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