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. Title VII prevents discrimination in?

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2. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
sally would possess an easement in this case - the right to travel across property owner peter's land


3. What is a Deed
the property that will benefit from a profit
finder after obtaining a title
document by which title to property is passed
ownership rights to property


4. Commercial bribery example
finder after obtaining a title
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
offering someone who works at a different firm money for their trade secrets
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


5. Trademark dilution
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
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
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
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


6. The Berne Convention
a warranty that the buyer will not be disturbed in their possession of the land
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
intent when attached and will item be damaged because of removal? hard to determine
process of hiding the source of illegally acquired funds


7. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
any party can terminate an employment arrangement at anytime no questions asked
a warranty that the buyer will not be disturbed in their possession of the land


8. Indictment requires
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
owners of secret must try and protect - destroy garbage
sufficient evidence
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


9. What determines likeliness of confusion?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
ownership rights to property


10. Attorney client privilege accomplishes what?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
the property that will benefit from a profit
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


11. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
20 years from filing
the corporation could have prevented such acts
finder after obtaining a title


12. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
ownership rights to property
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. What are the requirements for adverse possession to be recognized?
fraudulent miss-use of funds that have been entrusted to them
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
taking property away from the owner with the intent of permanently removing them of ownership
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


14. Sambucks vs. starbucks
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
first person to invent not file for patent
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
novel - useful - non obvious


15. Mistake of fact criminal defense example

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16. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


17. Purpose of criminal penalties?
owners of secret must try and protect - destroy garbage
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


18. What is a conveyance?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
a deed that transfers interest in a life estate from one to another
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
multiple owners of real or personal property


19. Estray statutes encourage what?
any party can terminate an employment arrangement at anytime no questions asked
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


20. Employers should handle hostile environments regarding protected members of title 7 by?
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
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
allows for use of copyrighted material under certain guidelines
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


21. Facts to be used in the fair use standard are?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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


22. Constructive bailments are?

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

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24. Can you be fired for whistle blowing?

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25. Mens Rea
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
mental state or intent part 2 of 2 for determining criminal liability
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


26. Secondary Meaning Example frosty treats
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
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
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


27. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
secondary meaning
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
key words of a website that are used for search engines


28. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
record of such condition - being regarded as actually having a condition
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


29. What is an easement by prescription?
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
members cannot give nationals favorable treatment
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


30. Tenancy by the entirety - or community ownership
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the corporation could have prevented such acts


31. Arraignment is what?
intent when attached and will item be damaged because of removal? hard to determine
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
entry of a plea - guilty/ not guilty
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


32. Engagement rings are considered to be?
used by members of a cooperative organization to certify the quality of service or product
conditional gifts that are only accepted upon the performance of marriage
can appeal - subject to new trial
fraudulent miss-use of funds that have been entrusted to them


33. Service mark
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
obtaining ownership by living on anothers property
allows for use of copyrighted material under certain guidelines


34. What is not copyrightable?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


35. Possible ruling interpretations for accession cases
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
intent when attached and will item be damaged because of removal? hard to determine
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


36. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
it is a federal crime to use the us postal service to defraud others on false pretenses
treble damages


37. How can someone legally acquire trade secrets?
hours of employment - conditions - age of workers
the corporation could have prevented such acts
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
reverse engineer - go through garbage..


38. What conditions are covered by the family medical leave act?
distinctive decor - menu - style - service of an offering
10 year period renewable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
birth - child placement - employee health - care for spouse - child - or parent - military duty


39. Significance of coca-cola V. koke Co of America
ownership rights to property
fraudulent miss-use of funds that have been entrusted to them
intent - delivery - acceptance
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


40. In order to prove discrimination in hiring one has to prove?
first person to invent not file for patent
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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


41. Meta tag example about terri welles
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the right to enter onto another persons property with the intentions of removing something valuable
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


42. Example of an exception to the at will doctrine based on contract theory
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
record of such condition - being regarded as actually having a condition
owner of premise where it was found - after good title is acquired


43. How is the right to use a trademark determined?
who has been using it first or filed for it first
any party can terminate an employment arrangement at anytime no questions asked
finder after obtaining a title
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


44. Collective mark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
No - they are considered to be goods and is governed by the uniform commercial code
who has been using it first or filed for it first
used by members of a cooperative organization to certify the quality of service or product


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

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46. In order to recieve protection what must one do?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
entry of a plea - guilty/ not guilty
must effectively try to acquire protection as well as keep the secret


47. Members of the TRIPS agreement cannot do what?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
10 year period renewable
a warranty that the buyer will not be disturbed in their possession of the land
members cannot give nationals favorable treatment


48. Patents allow for the owner to?
obtaining ownership by living on anothers property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
classic stone corp. owns a profit in gross - and cannot transfer this right to another


49. What happens when land is sold that is growing crops?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
crops is considered to be real property and should be considered in the sale of such property.
a warranty that the buyer will not be disturbed in their possession of the land
secondary meaning


50. What is can be considered trade dress?
entry of a plea - guilty/ not guilty
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
distinctive decor - menu - style - service of an offering
this for that - sexual favors - general conduct however one incident is not enough