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. In order to recieve protection what must one do?
used by members of a cooperative organization to certify the quality of service or product
must effectively try to acquire protection as well as keep the secret
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


2. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


3. Example of an exception to the at will doctrine based on tort theory
mistake of fact
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
multiple owners of real or personal property


4. When property is found who gets property when it was abondoned?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
finder after obtaining a title
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


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

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

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7. Can you be fired for whistle blowing?

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8. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
breaking into a residence with the intent of performing a felony. this is a crime against property.
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


9. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
test is originality - lasts life of creator - protection is automatic
work for a company with more than 50 employees - employed for a year - and must try to give notice


10. Counterfeiting example? regarding punishment
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
process of hiding the source of illegally acquired funds
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


11. Tenancy by the entirety - or community ownership
probable cause
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
the property that is burdened by a profit
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


12. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


13. What is an implied warranty of habitability?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
first person to invent not file for patent


14. What happens when land is sold that is growing crops?
owner of premise where it was found - after good title is acquired
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
crops is considered to be real property and should be considered in the sale of such property.


15. Joint tenancy
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
streamlines and standardizes the processes for applying for a trademark abroad
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


16. Mail fraud act example senator?
No - property gifts are common
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


17. Burglary
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
entry of a plea - guilty/ not guilty
breaking into a residence with the intent of performing a felony. this is a crime against property.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


18. Bailments are?
reverse engineer - go through garbage..
property of one person rightfully in possession of another - custody
prohibits excessive bail and fines - cruel and unusual punishment
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


19. Darst V. Interstate Brands Corp. regarding family and medical leave rights
obtaining ownership by living on anothers property
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
criminal defense stating that a crime was necessary in preventing an even greater crime
prohibits excessive bail and fines - cruel and unusual punishment


20. Duress criminal defense
treble damages
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


21. EEOC is responsible for doing what?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
given exclusive possession and control over property - and knowingly accept responsibility


22. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
voluntarily parted with at the time - but then later tries to find it
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


23. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
multiple owners of real or personal property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


24. Difference between joint tenancy and tenancy in common?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
multiple owners of real or personal property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


25. 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
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
race - sex - national origin - color - religion
No - they are considered to be goods and is governed by the uniform commercial code


26. What determines likeliness of confusion?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
secondary meaning
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
offering someone who works at a different firm money for their trade secrets


27. Collective mark
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 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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used by members of a cooperative organization to certify the quality of service or product


28. Constructive bailments are?

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29. How can someone legally acquire trade secrets?
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
reverse engineer - go through garbage..
process of hiding the source of illegally acquired funds
conditional gifts that are only accepted upon the performance of marriage


30. What kind of mistake can be used as criminal defense?
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
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
mistake of fact


31. Embezzlement
members cannot give nationals favorable treatment
test is originality - lasts life of creator - protection is automatic
fraudulent miss-use of funds that have been entrusted to them
10 year period renewable


32. 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


33. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
crops is considered to be real property and should be considered in the sale of such property.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


34. Requirements of a bailement
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
process of hiding the source of illegally acquired funds
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
given exclusive possession and control over property - and knowingly accept responsibility


35. Roman Catholic Church V. Prince Reality Management regarding a license?
the property that is burdened by a profit
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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


36. In order to prove discrimination in hiring one has to prove?
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
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


37. Special Bailments
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
classic stone corp. owns a profit in gross - and cannot transfer this right to another
taking property away from the owner with the intent of permanently removing them of ownership


38. Mislaid property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
voluntarily parted with at the time - but then later tries to find it
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


39. Generic terms can never have?
No - property gifts are common
sally would possess an easement in this case - the right to travel across property owner peter's land
secondary meaning
distinctive decor - menu - style - service of an offering


40. Arrest requires
probable cause
ownership rights to property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mistake of fact


41. Strong Marks Case Example

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42. Arraignment is what?
sally would possess an easement in this case - the right to travel across property owner peter's land
entry of a plea - guilty/ not guilty
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
test is originality - lasts life of creator - protection is automatic


43. Is it a fixture?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
intent when attached and will item be damaged because of removal? hard to determine
document by which title to property is passed
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


44. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
key words of a website that are used for search engines
secondary meaning


45. What is an easement by implication?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
novel - useful - non obvious


46. Are crops real property when they are sold?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
No - they are considered to be goods and is governed by the uniform commercial code
who has been using it first or filed for it first
document by which title to property is passed


47. What is retaliatory discharge?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
who has been using it first or filed for it first


48. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
it is a federal crime to use the us postal service to defraud others on false pretenses


49. Money laundering
process of hiding the source of illegally acquired funds
10 years and it is renewable
No - but if they find any other reason - like you have been late often than you'll probably get fired
intent when attached and will item be damaged because of removal? hard to determine


50. Adverse possession
process of hiding the source of illegally acquired funds
obtaining ownership by living on anothers property
conditional gifts that are only accepted upon the performance of marriage
No - property gifts are common