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. What is a profit under real property law?
any party can terminate an employment arrangement at anytime no questions asked
secondary meaning
sally would possess an easement in this case - the right to travel across property owner peter's land
the right to enter onto another persons property with the intentions of removing something valuable


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. Arraignment is what?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
entry of a plea - guilty/ not guilty
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


4. Adverse possession
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
obtaining ownership by living on anothers property
used by members of a cooperative organization to certify the quality of service or product


5. How long is a copyright protected? for a corporation?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
breaking into a residence with the intent of performing a felony. this is a crime against property.
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


6. Discrimination during the hiring process is acceptable when?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
taking property away from the owner with the intent of permanently removing them of ownership


7. What kind of mistake can be used as criminal defense?
novel - useful - non obvious
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
No - they are considered to be goods and is governed by the uniform commercial code
mistake of fact


8. Sambucks vs. starbucks
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
multiple owners of real or personal property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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


9. Can you be fired for whistle blowing?

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

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11. TRIPS agreement
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property


12. Collective mark
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
used by members of a cooperative organization to certify the quality of service or product
the property that is burdened by a profit
hours of employment - conditions - age of workers


13. What are some criminal defenses
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
test is originality - lasts life of creator - protection is automatic
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


14. Title VII prevents discrimination in?

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15. Fair use is limited to?
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
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
offering someone who works at a different firm money for their trade secrets
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


16. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
taking property away from the owner with the intent of permanently removing them of ownership
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


17. What is an easement by prescription?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
criminal defense stating that a crime was necessary in preventing an even greater crime
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


18. Drake V. Walton County regarding the county taking property
owners of secret must try and protect - destroy garbage
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
probable cause
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.


19. Joint tenancy
fraudulent miss-use of funds that have been entrusted to them
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
work for a company with more than 50 employees - employed for a year - and must try to give notice
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


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

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21. What happens when land is sold that is growing crops?
sally would possess an easement in this case - the right to travel across property owner peter's land
secondary meaning
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
crops is considered to be real property and should be considered in the sale of such property.


22. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
novel - useful - non obvious
a physical or mental impairment that substantially limits one or more major life activities
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


23. The madrid protocol accomplishes what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
streamlines and standardizes the processes for applying for a trademark abroad
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


24. Indictment requires
sufficient evidence
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
reverse engineer - go through garbage..
a physical or mental impairment that substantially limits one or more major life activities


25. Requirements of a bailement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
given exclusive possession and control over property - and knowingly accept responsibility
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
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


26. Difference between joint tenancy and tenancy in common?
secondary meaning
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
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
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. Workers comp and negligence

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28. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


29. Example of an exception to the at will doctrine based on tort theory
sally would possess an easement in this case - the right to travel across property owner peter's land
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
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


30. Meta tag example about terri welles
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
multiple owners of real or personal property
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
a physical or mental impairment that substantially limits one or more major life activities


31. What is Actus Reus
hours of employment - conditions - age of workers
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
can appeal - subject to new trial
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


32. What terminates an easement?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
voluntarily parted with at the time - but then later tries to find it


33. Responsible corporate officer doctrine?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
owners of secret must try and protect - destroy garbage
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
hours of employment - conditions - age of workers


34. Mistake of fact criminal defense example

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35. How are trade secrets treated and protected?
No - they are considered to be goods and is governed by the uniform commercial code
owners of secret must try and protect - destroy garbage
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 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


36. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
finder after obtaining a title
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
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


37. Do Deeds require consideration to be valid?
mental state or intent part 2 of 2 for determining criminal liability
criticism - use in satire - news report - use to educate
No - property gifts are common
multiple owners of real or personal property


38. What conditions are covered by the family medical leave act?
entry of a plea - guilty/ not guilty
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
birth - child placement - employee health - care for spouse - child - or parent - military duty
the corporation could have prevented such acts


39. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


40. What is retaliatory discharge?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
intent when attached and will item be damaged because of removal? hard to determine


41. Candyland example?
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
No - they are considered to be goods and is governed by the uniform commercial code
document by which title to property is passed


42. Meta tags
offering someone who works at a different firm money for their trade secrets
a physical or mental impairment that substantially limits one or more major life activities
finder after obtaining a title
key words of a website that are used for search engines


43. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
voluntarily parted with at the time - but then later tries to find it
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


44. What is the purpose of the adverse possession doctrine?
birth - child placement - employee health - care for spouse - child - or parent - military duty
it rewards citizens for putting land to good use rather than just sitting on expanses of property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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


45. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
record of such condition - being regarded as actually having a condition
secondary meaning
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
a physical or mental impairment that substantially limits one or more major life activities


46. Age discrimination achieves what?
crops is considered to be real property and should be considered in the sale of such property.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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


47. In order to prove discrimination in hiring one has to prove?
offering someone who works at a different firm money for their trade secrets
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
any party can terminate an employment arrangement at anytime no questions asked


48. Generic terms can never have?
who has been using it first or filed for it first
secondary meaning
record of such condition - being regarded as actually having a condition
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


49. What is secondary meaning?
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
agreement permitting use of a trademark
arises when customers begin to associate a specific term or phrase with specific trademarked items
key words of a website that are used for search engines


50. Tenancy in common
used by members of a cooperative organization to certify the quality of service or product
breaking into a residence with the intent of performing a felony. this is a crime against property.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
sufficient evidence