Test your basic knowledge |

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. Significance of coca-cola V. koke Co of America
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
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

2. 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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
obtaining ownership by living on anothers property
a warranty that the buyer will not be disturbed in their possession of the land

3. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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 corporation could have prevented such acts
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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

4. What is a job offer?
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
key words of a website that are used for search engines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

5. 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?

6. Roman Catholic Church V. Prince Reality Management regarding a license?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
crops is considered to be real property and should be considered in the sale of such property.
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

7. What kind of mistake can be used as criminal defense?
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
mistake of fact

8. TRIPS agreement
a physical or mental impairment that substantially limits one or more major life activities
signed by hundreds of countries that establishes standards for the international protection of intellectual 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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

9. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
allows for use of copyrighted material under certain guidelines
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
novel - useful - non obvious

10. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
criminal defense stating that a crime was necessary in preventing an even greater crime
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

11. Fair use is limited to?
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
intent - delivery - acceptance
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

12. What is the determining issue when proving entrapment?
property of one person rightfully in possession of another - custody
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
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
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

13. The EEOC requires that victims do what before they hold employers liable?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

14. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
can appeal - subject to new trial
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the corporation could have prevented such acts

15. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
work for a company with more than 50 employees - employed for a year - and must try to give notice
the property that will benefit from a profit

16. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
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

17. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
finder after obtaining a title
another persons right to make limited use of another persons real property without taking anything away from the property
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

18. Dominion
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
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
ownership rights to property
voluntarily parted with at the time - but then later tries to find it

19. What is retaliatory discharge?
novel - useful - non obvious
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
cannot be tried again - no appeal
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

20. Secondary Meaning Example frosty treats
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
conditional gifts that are only accepted upon the performance of marriage
finder after obtaining a title
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

21. Trademarks are good for? are they renewable
offering someone who works at a different firm money for their trade secrets
10 year period renewable
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

22. Members of the TRIPS agreement cannot do what?
intent - delivery - acceptance
members cannot give nationals favorable treatment
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
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

23. What uses fall under the fair use doctrine?
entry of a plea - guilty/ not guilty
criticism - use in satire - news report - use to educate
taking property away from the owner with the intent of permanently removing them of ownership
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

24. In real property law who is considered to be the servient estate?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
the property that is burdened by a profit
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res

25. What are the requirements for adverse possession to be recognized?
this for that - sexual favors - general conduct however one incident is not enough
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

26. How long is a copyright protected? for a corporation?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
prohibits excessive bail and fines - cruel and unusual punishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

27. Napster example?
breaking into a residence with the intent of performing a felony. this is a crime against property.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
streamlines and standardizes the processes for applying for a trademark abroad
a deed that transfers interest in a life estate from one to another

28. Fair use doctrine
20 years from filing
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
allows for use of copyrighted material under certain guidelines

29. In order to recieve protection what must one do?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
No - they are considered to be goods and is governed by the uniform commercial code
must effectively try to acquire protection as well as keep the secret
key words of a website that are used for search engines

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

31. What is a profit under real property law?
No - but if they find any other reason - like you have been late often than you'll probably get fired
the right to enter onto another persons property with the intentions of removing something valuable
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
secondary meaning

32. Patent Requirements
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
novel - useful - non obvious

33. Burglary
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
hours of employment - conditions - age of workers
breaking into a residence with the intent of performing a felony. this is a crime against property.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

34. What is the result of a mistrial or a hung jury?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
it rewards citizens for putting land to good use rather than just sitting on expanses of property
any party can terminate an employment arrangement at anytime no questions asked

35. In order to receive protection under the family medical leave act - one must?
conditional gifts that are only accepted upon the performance of marriage
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
a deed that transfers interest in a life estate from one to another

36. Estray statutes encourage what?
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 rewards citizens for putting land to good use rather than just sitting on expanses of property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

37. Steps to determining trademark infringement?
breaking into a residence with the intent of performing a felony. this is a crime against property.
sally would possess an easement in this case - the right to travel across property owner peter's land
mental state or intent part 2 of 2 for determining criminal liability
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

38. Attorney client privilege accomplishes what?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
who has been using it first or filed for it first
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

39. Requirements of a bailement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
it is a federal crime to use the us postal service to defraud others on false pretenses
given exclusive possession and control over property - and knowingly accept responsibility

40. Engagement rings are considered to be?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
conditional gifts that are only accepted upon the performance of marriage

41. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
can appeal - subject to new trial
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
sufficient evidence

42. What are strong Marks?
any party can terminate an employment arrangement at anytime no questions asked
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
sexual harassment is protected under title 7 because it effects genders differently in the workplace
arises when customers begin to associate a specific term or phrase with specific trademarked items

43. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
given exclusive possession and control over property - and knowingly accept responsibility
must effectively try to acquire protection as well as keep the secret
fraudulent miss-use of funds that have been entrusted to them

44. Country club case
criticism - use in satire - news report - use to educate
No - they are considered to be goods and is governed by the uniform commercial code
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
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

45. Arraignment is what?
voluntarily parted with at the time - but then later tries to find it
entry of a plea - guilty/ not guilty
the property that will benefit from a profit
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

46. Reverse discrimination example firefighters
a warranty that the buyer will not be disturbed in their possession of the land
a deed that transfers interest in a life estate from one to another
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.

47. What is a conveyance?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a deed that transfers interest in a life estate from one to another
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
first person to invent not file for patent

48. Strong Marks Case Example

49. Difference between joint tenancy and tenancy in common?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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. What must a deed possess to be valid?