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. Copyright requirements
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
test is originality - lasts life of creator - protection is automatic
intent when attached and will item be damaged because of removal? hard to determine
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


2. 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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3. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
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
multiple owners of real or personal property
who has been using it first or filed for it first


4. The WARN act calls for what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
used by members of a cooperative organization to certify the quality of service or product
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


5. What composes RICO?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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


6. Determining disability regarding with and without equipment?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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 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
ownership rights to property


7. 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
offering someone who works at a different firm money for their trade secrets
process of hiding the source of illegally acquired funds
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


8. Age discrimination achieves what?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


9. 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
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
secondary meaning
offering someone who works at a different firm money for their trade secrets


10. Generic terms can never have?
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 right to enter onto another persons property with the intentions of removing something valuable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
secondary meaning


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

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12. Reverse discrimination example firefighters
secondary meaning
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
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
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


13. 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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
this for that - sexual favors - general conduct however one incident is not enough
work for a company with more than 50 employees - employed for a year - and must try to give notice


14. Drake V. Walton County regarding the county taking property
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
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


15. Sambucks vs. starbucks
owners of secret must try and protect - destroy garbage
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


16. Napster example?
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
record of such condition - being regarded as actually having a condition
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


17. Certification mark
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
can appeal - subject to new trial


18. What is Actus Reus
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


19. Constructive bailments are?

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20. Patent Requirements
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
streamlines and standardizes the processes for applying for a trademark abroad
novel - useful - non obvious
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.


21. The EEOC requires that victims do what before they hold employers liable?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
can appeal - subject to new trial


22. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
mistake of fact
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


23. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.


24. Purpose of criminal penalties?
10 years and it is renewable
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
hours of employment - conditions - age of workers
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


25. Meta tags
key words of a website that are used for search engines
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


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

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27. Mistake of fact criminal defense example

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28. Strong Marks Case Example

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29. Attorney client privilege accomplishes what?
document by which title to property is passed
a deed that transfers interest in a life estate from one to another
the right to enter onto another persons property with the intentions of removing something valuable
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


30. What is a job offer?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


31. 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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
key words of a website that are used for search engines


32. Example of an exception to the at will doctrine based on contract theory
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
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
criticism - use in satire - news report - use to educate
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


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

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34. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


35. What is an easement by prescription?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
arises when customers begin to associate a specific term or phrase with specific trademarked items
prohibits excessive bail and fines - cruel and unusual punishment
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


36. 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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
probable cause
fraudulent miss-use of funds that have been entrusted to them


37. Counterfeiting example? regarding punishment
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
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
10 year period renewable
used by members of a cooperative organization to certify the quality of service or product


38. What is a covenant of quiet enjoyment?
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
a warranty that the buyer will not be disturbed in their possession of the land
sexual harassment is protected under title 7 because it effects genders differently in the workplace


39. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
members cannot give nationals favorable treatment
first person to invent not file for patent
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


40. Are commercial flights permitted to fly over private property?
criminal defense stating that a crime was necessary in preventing an even greater crime
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


41. Dominion
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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


42. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
the corporation could have prevented such acts
generally the use of a software to perform a job or deliver product
used by members of a cooperative organization to certify the quality of service or product


43. 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.
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
voluntarily parted with at the time - but then later tries to find it
a physical or mental impairment that substantially limits one or more major life activities


44. What are strong Marks?
ownership rights to property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
county changed drainage flow during an emergency and did not restore flow - which resulted in permanent damage. state court ruled that the reconfiguration was effectively unjustly taking their land and compensation was due.
process of hiding the source of illegally acquired funds


45. What conditions are covered by the family medical leave act?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
birth - child placement - employee health - care for spouse - child - or parent - military duty
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


46. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
test is originality - lasts life of creator - protection is automatic
multiple owners of real or personal property
secondary meaning


47. In real property law who is considered to be the dominant estate?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
prohibits excessive bail and fines - cruel and unusual punishment
the property that will benefit from a profit
multiple owners of real or personal property


48. 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
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
crops is considered to be real property and should be considered in the sale of such property.


49. What kind of mistake can be used as criminal defense?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
mistake of fact
key words of a website that are used for search engines
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


50. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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.