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. Adverse possession
obtaining ownership by living on anothers property
probable cause
No - property gifts are common
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

2. Collective mark
classic stone corp. owns a profit in gross - and cannot transfer this right to another
obtaining ownership by living on anothers property
used by members of a cooperative organization to certify the quality of service or product
allows for use of copyrighted material under certain guidelines

3. What is retaliatory discharge?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

4. In order to prove discrimination in hiring one has to prove?
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
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
entry of a plea - guilty/ not guilty
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

5. In order for a disability to be legally recognized what must exist?
the corporation could have prevented such acts
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
record of such condition - being regarded as actually having a condition

6. What is a conveyance?
probable cause
finder after obtaining a title
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
a deed that transfers interest in a life estate from one to another

7. 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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
any party can terminate an employment arrangement at anytime no questions asked

8. Facts to be used in the fair use standard are?
No - they are considered to be goods and is governed by the uniform commercial code
agreement permitting use of a trademark
this for that - sexual favors - general conduct however one incident is not enough
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

9. Business process patents involve?
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
taking property away from the owner with the intent of permanently removing them of ownership
fraudulent miss-use of funds that have been entrusted to them
generally the use of a software to perform a job or deliver product

10. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
secondary meaning
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

11. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
multiple owners of real or personal 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
taking property away from the owner with the intent of permanently removing them of ownership

12. Determining disability regarding with and without equipment?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prohibits excessive bail and fines - cruel and unusual punishment
owner of premise where it was found - after good title is acquired

13. What are the requirements for making a gift an effective transfer of ownership?
probable cause
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
a physical or mental impairment that substantially limits one or more major life activities
intent - delivery - acceptance

14. Certification mark
prohibits excessive bail and fines - cruel and unusual punishment
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
this for that - sexual favors - general conduct however one incident is not enough

15. The WARN act calls for what?
voluntarily parted with at the time - but then later tries to find it
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

16. Mistake of fact criminal defense example

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

17. How long is a trademark protected? is it renewable
10 years and it is renewable
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
the property that will benefit from a profit
this for that - sexual favors - general conduct however one incident is not enough

18. What protection does the 6th amendment provide?
mental state or intent part 2 of 2 for determining criminal liability
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
document by which title to property is passed

19. Sexual harassment is treated as what?
reverse engineer - go through garbage..
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
sexual harassment is protected under title 7 because it effects genders differently in the workplace
document by which title to property is passed

20. Meta tags
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
given exclusive possession and control over property - and knowingly accept responsibility
key words of a website that are used for search engines

21. When property is found who gets property when it was abondoned?
finder after obtaining a title
offering someone who works at a different firm money for their trade secrets
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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

22. What is the determining issue when proving entrapment?
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
the property that will benefit from a profit
fraudulent miss-use of funds that have been entrusted to them

23. Roman Catholic Church V. Prince Reality Management regarding a license?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
can appeal - subject to new trial
intent - delivery - acceptance

24. What is a job offer?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
novel - useful - non obvious
taking property away from the owner with the intent of permanently removing them of ownership
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

25. Service mark
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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 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

26. Members of the TRIPS agreement cannot do what?
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
key words of a website that are used for search engines
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
members cannot give nationals favorable treatment

27. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
owner of premise where it was found - after good title is acquired
used by members of a cooperative organization to certify the quality of service or product
offering someone who works at a different firm money for their trade secrets
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

28. Patent Requirements
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
novel - useful - non obvious
No - but if they find any other reason - like you have been late often than you'll probably get fired

29. Necessity defense
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
criminal defense stating that a crime was necessary in preventing an even greater crime
sally would possess an easement in this case - the right to travel across property owner peter's land

30. Mail Fraud Act of 1990 is what?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
process of hiding the source of illegally acquired funds
it is a federal crime to use the us postal service to defraud others on false pretenses
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

31. Generic terms can never have?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
secondary meaning
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.

32. Do Deeds require consideration to be valid?
mental state or intent part 2 of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
birth - child placement - employee health - care for spouse - child - or parent - military duty
No - property gifts are common

33. Counterfeiting example? regarding punishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
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
No - property gifts are common

34. 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?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

35. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
process of hiding the source of illegally acquired funds
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
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

36. Attorney client privilege accomplishes 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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

37. What composes RICO?
secondary meaning
breaking into a residence with the intent of performing a felony. this is a crime against property.
ownership rights to 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

38. EEOC is responsible for doing what?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
prohibits excessive bail and fines - cruel and unusual punishment

39. Gold club corporate criminal liability example?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
who has been using it first or filed for it first
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
treble damages

40. Secondary Meaning Example frosty treats
No - they are considered to be goods and is governed by the uniform commercial code
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
key words of a website that are used for search engines
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

41. When property is found that was mislaid who owns it?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
owner of premise where it was found - after good title is acquired
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
No - property gifts are common

42. Constructive bailments are?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

43. What is a covenant of quiet enjoyment?
members cannot give nationals favorable treatment
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 warranty that the buyer will not be disturbed in their possession of the land
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

44. What is the difference between real and personal property?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

45. What are the requirements for adverse possession to be recognized?
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

46. Bailments are?
property of one person rightfully in possession of another - custody
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
test is originality - lasts life of creator - protection is automatic
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

47. What is the result of a mistrial or a hung jury?
the corporation could have prevented such acts
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

48. 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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

49. Strong Marks Case Example

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

50. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
owner of premise where it was found - after good title is acquired
sally would possess an easement in this case - the right to travel across property owner peter's land
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter