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. Members of the TRIPS agreement cannot do what?
mental state or intent part 2 of 2 for determining criminal liability
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
members cannot give nationals favorable treatment


2. When property is found that was mislaid who owns it?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
generally the use of a software to perform a job or deliver product
a physical or mental impairment that substantially limits one or more major life activities
owner of premise where it was found - after good title is acquired


3. Business process patents involve?
mistake of fact
intent when attached and will item be damaged because of removal? hard to determine
No - they are considered to be goods and is governed by the uniform commercial code
generally the use of a software to perform a job or deliver product


4. The madrid protocol accomplishes what?
birth - child placement - employee health - care for spouse - child - or parent - military duty
streamlines and standardizes the processes for applying for a trademark abroad
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
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


5. 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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
finder after obtaining a title
No - they are considered to be goods and is governed by the uniform commercial code


6. In order to recieve protection what must one do?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
must effectively try to acquire protection as well as keep the secret
secondary meaning


7. EEOC is responsible for doing what?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
offering someone who works at a different firm money for their trade secrets
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
generally the use of a software to perform a job or deliver product


8. Outcome of unanimous not guilty?
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
cannot be tried again - no appeal
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


9. 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
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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. Employers should handle hostile environments regarding protected members of title 7 by?
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
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
mistake of fact


11. Arrest requires
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
sufficient evidence
probable cause
used by members of a cooperative organization to certify the quality of service or product


12. What is a conveyance?
race - sex - national origin - color - religion
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
probable cause
a deed that transfers interest in a life estate from one to another


13. What is Actus Reus
streamlines and standardizes the processes for applying for a trademark abroad
multiple owners of real or personal property
intent when attached and will item be damaged because of removal? hard to determine
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


14. Steps to determining trademark infringement?
it is a federal crime to use the us postal service to defraud others on false pretenses
streamlines and standardizes the processes for applying for a trademark abroad
this for that - sexual favors - general conduct however one incident is not enough
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


15. In real property law who is considered to be the dominant estate?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
the property that will benefit from a profit
test is originality - lasts life of creator - protection is automatic


16. Meta tag example about terri welles
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
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
birth - child placement - employee health - care for spouse - child - or parent - military duty


17. What is a license considered to be in real property law?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


18. Determining disability regarding with and without equipment?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
must effectively try to acquire protection as well as keep the secret
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


19. What is a covenant of quiet enjoyment?
finder after obtaining a title
sexual harassment is protected under title 7 because it effects genders differently in the workplace
a warranty that the buyer will not be disturbed in their possession of the land
allows for use of copyrighted material under certain guidelines


20. Candyland example?
must effectively try to acquire protection as well as keep the secret
10 year period renewable
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


21. What must a deed possess to be valid?

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22. What is a Deed
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
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
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
document by which title to property is passed


23. 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
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
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.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


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

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25. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
allows for use of copyrighted material under certain guidelines
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
it rewards citizens for putting land to good use rather than just sitting on expanses of property


26. Age discrimination achieves what?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
mental state or intent part 2 of 2 for determining criminal liability
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


27. Counterfeiting example? regarding punishment
sexual harassment is protected under title 7 because it effects genders differently in the workplace
test is originality - lasts life of creator - protection is automatic
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
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


28. Trademark dilution
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
key words of a website that are used for search engines
multiple owners of real or personal property
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


29. What conditions are covered by the family medical leave act?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
birth - child placement - employee health - care for spouse - child - or parent - military duty
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


30. What uses fall under the fair use doctrine?
property of one person rightfully in possession of another - custody
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea
criticism - use in satire - news report - use to educate
signed by hundreds of countries that establishes standards for the international protection of intellectual property


31. Fair use is limited to?
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
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
ownership rights to property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


32. Facts to be used in the fair use standard are?
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
mistake of fact
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


33. Significance of coca-cola V. koke Co of America
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
secondary meaning
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


34. Service mark
arises when customers begin to associate a specific term or phrase with specific trademarked items
ownership rights to property
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


35. What is secondary meaning?
birth - child placement - employee health - care for spouse - child - or parent - military duty
arises when customers begin to associate a specific term or phrase with specific trademarked items
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
breaking into a residence with the intent of performing a felony. this is a crime against property.


36. Sexual harassment is treated as what?
can appeal - subject to new trial
entry of a plea - guilty/ not guilty
sexual harassment is protected under title 7 because it effects genders differently in the workplace
members cannot give nationals favorable treatment


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

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38. 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?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


39. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
a warranty that the buyer will not be disturbed in their possession of the land
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


40. What kind of mistake can be used as criminal defense?
mistake of fact
sexual harassment is protected under title 7 because it effects genders differently in the workplace
entry of a plea - guilty/ not guilty
sufficient evidence


41. What is a profit under real property law?
work for a company with more than 50 employees - employed for a year - and must try to give notice
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
offering someone who works at a different firm money for their trade secrets
the right to enter onto another persons property with the intentions of removing something valuable


42. What composes RICO?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
owner of premise where it was found - after good title is acquired
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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


43. 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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44. Mistake of fact criminal defense example

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45. Embezzlement
any party can terminate an employment arrangement at anytime no questions asked
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
fraudulent miss-use of funds that have been entrusted to them
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


46. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
intent when attached and will item be damaged because of removal? hard to determine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
criticism - use in satire - news report - use to educate


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

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48. Title VII protected categories?
race - sex - national origin - color - religion
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
treble damages
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


49. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
this for that - sexual favors - general conduct however one incident is not enough
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


50. Meta tags
secondary meaning
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 corporation could have prevented such acts
key words of a website that are used for search engines