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. How long is a trademark protected? is it renewable
10 years and it is renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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 - property gifts are common


2. Business process patents involve?
allows for use of copyrighted material under certain guidelines
the property that is burdened by a profit
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
generally the use of a software to perform a job or deliver product


3. In real property law who is considered to be the dominant estate?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
No - but if they find any other reason - like you have been late often than you'll probably get fired
the property that will benefit from a profit
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


4. Tenancy by the entirety - or community ownership
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.
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


5. Copyright requirements
test is originality - lasts life of creator - protection is automatic
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
classic stone corp. owns a profit in gross - and cannot transfer this right to another
conditional gifts that are only accepted upon the performance of marriage


6. What is a license considered to be in real property law?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the property that is burdened by a profit
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


7. What is a warranty deed?
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
a deed that transfers interest in a life estate from one to another
who has been using it first or filed for it first


8. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a warranty that the buyer will not be disturbed in their possession of the land


9. Commercial bribery example
finder after obtaining a title
conditional gifts that are only accepted upon the performance of marriage
offering someone who works at a different firm money for their trade secrets
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


10. What is a conveyance?
a deed that transfers interest in a life estate from one to another
generally the use of a software to perform a job or deliver product
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
10 year period renewable


11. Meta tags
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
a warranty that the buyer will not be disturbed in their possession of the land
key words of a website that are used for search engines


12. Mail fraud act example senator?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
property of one person rightfully in possession of another - custody


13. Money laundering
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
distinctive decor - menu - style - service of an offering
process of hiding the source of illegally acquired funds
a physical or mental impairment that substantially limits one or more major life activities


14. Americans with disabilities act accomplishes what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


15. What terminates an easement?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


16. Mail Fraud Act of 1990 is what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
it is a federal crime to use the us postal service to defraud others on false pretenses
hours of employment - conditions - age of workers


17. Tenancy in common
hours of employment - conditions - age of workers
No - but if they find any other reason - like you have been late often than you'll probably get fired
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


18. How long is a copyright protected? for a corporation?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


19. Attorney client privilege accomplishes what?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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


20. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
the property that will benefit from a profit
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sufficient evidence
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


21. How can you come to possess land through adverse possession?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another


22. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
any party can terminate an employment arrangement at anytime no questions asked
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


23. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
sexual harassment is protected under title 7 because it effects genders differently in the workplace
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


24. Darst V. Interstate Brands Corp. regarding family and medical leave rights
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
race - sex - national origin - color - religion
generally the use of a software to perform a job or deliver product


25. Title VII prevents discrimination in?

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26. 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
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
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


27. Can you be fired for whistle blowing?

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28. Sexual harassment is treated as what?
a deed that transfers interest in a life estate from one to another
mistake of fact
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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


29. Cybersquatting
probable cause
test is originality - lasts life of creator - protection is automatic
conditional gifts that are only accepted upon the performance of marriage
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


30. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
agreement permitting use of a trademark
first person to invent not file for patent
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


31. What composes RICO?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
used by members of a cooperative organization to certify the quality of service or product


32. Are commercial flights permitted to fly over private property?
key words of a website that are used for search engines
No - they are considered to be goods and is governed by the uniform commercial code
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
it rewards citizens for putting land to good use rather than just sitting on expanses of property


33. Mistake of fact criminal defense example

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34. How are trade secrets treated and protected?
generally the use of a software to perform a job or deliver product
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
owners of secret must try and protect - destroy garbage
hours of employment - conditions - age of workers


35. What is the result of a mistrial or a hung jury?
process of hiding the source of illegally acquired funds
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
secondary meaning
any party can terminate an employment arrangement at anytime no questions asked


36. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
agreement permitting use of a trademark


37. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
test is originality - lasts life of creator - protection is automatic


38. Triple amount of damages definition
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
treble damages
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
this for that - sexual favors - general conduct however one incident is not enough


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

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40. Burglary
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the corporation could have prevented such acts
breaking into a residence with the intent of performing a felony. this is a crime against property.
given exclusive possession and control over property - and knowingly accept responsibility


41. Mens Rea
record of such condition - being regarded as actually having a condition
mental state or intent part 2 of 2 for determining criminal liability
ownership rights to property
entry of a plea - guilty/ not guilty


42. Collective mark
used by members of a cooperative organization to certify the quality of service or product
novel - useful - non obvious
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


43. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
No - they are considered to be goods and is governed by the uniform commercial code
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


44. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the property that is burdened by a profit
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


45. What must a deed possess to be valid?

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46. Mislaid property
property of one person rightfully in possession of another - custody
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
voluntarily parted with at the time - but then later tries to find it
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


47. What is protected expression?
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
fraudulent miss-use of funds that have been entrusted to them
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


48. Special Bailments
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
owners of secret must try and protect - destroy garbage


49. In order to prove discrimination in hiring one has to prove?
birth - child placement - employee health - care for spouse - child - or parent - military duty
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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. Larceny
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files