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. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


2. Reverse discrimination example firefighters
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
entry of a plea - guilty/ not guilty
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


3. Money laundering
first person to invent not file for patent
process of hiding the source of illegally acquired funds
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
sally would possess an easement in this case - the right to travel across property owner peter's land


4. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
secondary meaning
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
it is a federal crime to use the us postal service to defraud others on false pretenses


5. Necessity defense
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
criminal defense stating that a crime was necessary in preventing an even greater crime
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
members cannot give nationals favorable treatment


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

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7. Country club case
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
mistake of fact


8. How long are patents protected?
20 years from filing
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


9. Gold club corporate criminal liability example?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
another persons right to make limited use of another persons real property without taking anything away from the property


10. How long is a trademark protected? is it renewable
ownership rights to property
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
used by members of a cooperative organization to certify the quality of service or product
10 years and it is renewable


11. Service mark
breaking into a residence with the intent of performing a felony. this is a crime against property.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


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

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13. Dominion
any party can terminate an employment arrangement at anytime no questions asked
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ownership rights to property
this for that - sexual favors - general conduct however one incident is not enough


14. Counterfeiting example? regarding punishment
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


15. Burglary
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
10 years and it is renewable
breaking into a residence with the intent of performing a felony. this is a crime against property.
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


16. What is a Deed
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
mistake of fact
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


17. What happens when land is sold that is growing crops?
any party can terminate an employment arrangement at anytime no questions asked
race - sex - national origin - color - religion
crops is considered to be real property and should be considered in the sale of such property.
No - but if they find any other reason - like you have been late often than you'll probably get fired


18. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
intent - delivery - acceptance
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


19. In the united states who gets the patent if there is a conflict?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
first person to invent not file for patent
agreement permitting use of a trademark


20. In order for a disability to be legally recognized what must exist?
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
record of such condition - being regarded as actually having a condition
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
treble damages


21. How long is a copyright protected? for a corporation?
the right to enter onto another persons property with the intentions of removing something valuable
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mental state or intent part 2 of 2 for determining criminal liability
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


22. When property is found that was mislaid who owns it?
breaking into a residence with the intent of performing a felony. this is a crime against property.
birth - child placement - employee health - care for spouse - child - or parent - military duty
owner of premise where it was found - after good title is acquired
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


23. What is a profit under real property law?
streamlines and standardizes the processes for applying for a trademark abroad
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
the right to enter onto another persons property with the intentions of removing something valuable


24. What kind of mistake can be used as criminal defense?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
mistake of fact
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


25. Copyright requirements
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
test is originality - lasts life of creator - protection is automatic
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
must effectively try to acquire protection as well as keep the secret


26. Fair use doctrine
allows for use of copyrighted material under certain guidelines
test is originality - lasts life of creator - protection is automatic
property of one person rightfully in possession of another - custody
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


27. Requirements of a bailement
allows for use of copyrighted material under certain guidelines
first person to invent not file for patent
owners of secret must try and protect - destroy garbage
given exclusive possession and control over property - and knowingly accept responsibility


28. What is the difference between real and personal property?
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
members cannot give nationals favorable treatment
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning


29. Mens Rea
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
mistake of fact
mental state or intent part 2 of 2 for determining criminal liability


30. Concurrent ownership
multiple owners of real or personal property
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
signed by hundreds of countries that establishes standards for the international protection of intellectual property


31. Steps to determining trademark infringement?
ownership rights to property
given exclusive possession and control over property - and knowingly accept responsibility
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


32. What is can be considered trade dress?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
distinctive decor - menu - style - service of an offering
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


33. In order to recieve protection what must one do?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
must effectively try to acquire protection as well as keep the secret
offering someone who works at a different firm money for their trade secrets
work for a company with more than 50 employees - employed for a year - and must try to give notice


34. License in trademark law?
ownership rights to property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
agreement permitting use of a trademark
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


35. What are the requirements for adverse possession to be recognized?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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


36. Workers comp and negligence

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37. Outcome of unanimous not guilty?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
cannot be tried again - no appeal
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


38. Remedies for patent infringement
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
20 years from filing
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
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


39. What is a conveyance?
document by which title to property is passed
a deed that transfers interest in a life estate from one to another
can appeal - subject to new trial
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


40. TRIPS agreement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
record of such condition - being regarded as actually having a condition
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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.


41. 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
it rewards citizens for putting land to good use rather than just sitting on expanses of property
who has been using it first or filed for it first


42. In order to prove discrimination in hiring one has to prove?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


43. In real property law who is considered to be the servient estate?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that is burdened by a profit


44. Fair labor standards act covers issues such as?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
intent - delivery - acceptance
hours of employment - conditions - age of workers


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

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46. Can you be fired for whistle blowing?

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47. Outcome of a unanimous guilty verdict?
generally the use of a software to perform a job or deliver product
can appeal - subject to new trial
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


48. What determines likeliness of confusion?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


49. Business process patents involve?
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
generally the use of a software to perform a job or deliver product
20 years from filing


50. Joint tenancy
sufficient evidence
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
prohibits excessive bail and fines - cruel and unusual punishment
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