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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. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
sexual harassment is protected under title 7 because it effects genders differently in the workplace
voluntarily parted with at the time - but then later tries to find it

2. Can you be fired for whistle blowing?

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3. Fair labor standards act covers issues such as?
entry of a plea - guilty/ not guilty
treble damages
hours of employment - conditions - age of workers
property of one person rightfully in possession of another - custody

4. In order to prove discrimination in hiring one has to prove?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
voluntarily parted with at the time - but then later tries to find it
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

5. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
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
another persons right to make limited use of another persons real property without taking anything away from the property
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. Sambucks vs. starbucks
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
document by which title to property is passed

7. Significance of coca-cola V. koke Co of America
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
distinctive decor - menu - style - service of an offering
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

8. Gold club corporate criminal liability example?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the property that is burdened by a profit
taking property away from the owner with the intent of permanently removing them of ownership
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

9. What are some criminal defenses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
No - they are considered to be goods and is governed by the uniform commercial code
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
test is originality - lasts life of creator - protection is automatic

10. Outcome of a unanimous guilty verdict?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
can appeal - subject to new trial
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
probable cause

11. What is a conveyance?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
a deed that transfers interest in a life estate from one to another
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
it rewards citizens for putting land to good use rather than just sitting on expanses of property

12. Strong Marks Case Example

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13. Constructive bailments are?

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14. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
sexual harassment is protected under title 7 because it effects genders differently in the workplace
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

15. EEOC is responsible for doing what?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
must effectively try to acquire protection as well as keep the secret
race - sex - national origin - color - religion

16. In real property law who is considered to be the servient estate?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the property that is burdened by a profit
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

17. What is can be considered trade dress?
document by which title to property is passed
distinctive decor - menu - style - service of an offering
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
20 years from filing

18. What is not copyrightable?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
owners of secret must try and protect - destroy garbage
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

19. Example of an exception to the at will doctrine based on contract theory
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
who has been using it first or filed for it first

20. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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

21. What is the purpose of the adverse possession doctrine?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - they are considered to be goods and is governed by the uniform commercial code
it rewards citizens for putting land to good use rather than just sitting on expanses of property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

22. 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
No - they are considered to be goods and is governed by the uniform commercial code
the property that will benefit from a profit

23. What composes RICO?
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
test is originality - lasts life of creator - protection is automatic
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

24. Is it a fixture?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
obtaining ownership by living on anothers property
sufficient evidence
intent when attached and will item be damaged because of removal? hard to determine

25. What kind of mistake can be used as criminal defense?
mistake of fact
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
conditional gifts that are only accepted upon the performance of marriage
sufficient evidence

26. Reverse discrimination example firefighters
sufficient evidence
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 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
key words of a website that are used for search engines

27. The EEOC requires that victims do what before they hold employers liable?
sufficient evidence
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

28. Dominion
novel - useful - non obvious
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
ownership rights to property
signed by hundreds of countries that establishes standards for the international protection of intellectual property

29. Copyright requirements
sufficient evidence
document by which title to property is passed
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
test is originality - lasts life of creator - protection is automatic

30. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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
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
the property that will benefit from a profit

31. Patent Requirements
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
novel - useful - non obvious

32. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
cannot be tried again - no appeal
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

33. Adverse possession
work for a company with more than 50 employees - employed for a year - and must try to give notice
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
obtaining ownership by living on anothers property
secondary meaning

34. Determining disability regarding with and without equipment?
first person to invent not file for patent
intent - delivery - acceptance
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
mental state or intent part 2 of 2 for determining criminal liability

35. 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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
work for a company with more than 50 employees - employed for a year - and must try to give notice

36. 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
the right to enter onto another persons property with the intentions of removing something valuable
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 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

37. Purpose of criminal penalties?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
owner of premise where it was found - after good title is acquired

38. Difference between joint tenancy and tenancy in common?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
distinctive decor - menu - style - service of an offering
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

39. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
10 year period renewable
hours of employment - conditions - age of workers

40. In order to recieve protection what must one do?
document by which title to property is passed
must effectively try to acquire protection as well as keep the secret
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

41. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
process of hiding the source of illegally acquired funds
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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. Members of the TRIPS agreement cannot do what?
the property that will benefit from a profit
members cannot give nationals favorable treatment
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
novel - useful - non obvious

43. Fair use doctrine
allows for use of copyrighted material under certain guidelines
another persons right to make limited use of another persons real property without taking anything away from the property
a warranty that the buyer will not be disturbed in their possession of the land
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

44. Arrest requires
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
probable cause
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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. Engagement rings are considered to be?
record of such condition - being regarded as actually having a condition
No - property gifts are common
conditional gifts that are only accepted upon the performance of marriage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

46. Counterfeiting example? regarding punishment
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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

47. What protection does the 8th amendment provide?
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
prohibits excessive bail and fines - cruel and unusual punishment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
document by which title to property is passed

48. Patents allow for the owner to?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

49. What is an easement by prescription?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
race - sex - national origin - color - religion
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

50. Meta tags
property of one person rightfully in possession of another - custody
No - property gifts are common
work for a company with more than 50 employees - employed for a year - and must try to give notice
key words of a website that are used for search engines