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Test your basic knowledge |
Business Law Yale
Start Test
Study First
Subjects
:
law
,
business-law
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 the difference between real and personal property?
first person to invent not file for patent
conditional gifts that are only accepted upon the performance of marriage
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
2. What is not copyrightable?
20 years from filing
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
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
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
3. What happens when land is sold that is growing crops?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
crops is considered to be real property and should be considered in the sale of such property.
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
4. Is it a fixture?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
intent when attached and will item be damaged because of removal? hard to determine
5. Are commercial flights permitted to fly over private property?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
another persons right to make limited use of another persons real property without taking anything away from the property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the right to enter onto another persons property with the intentions of removing something valuable
6. Attorney client privilege accomplishes what?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
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
7. KSR Internation V. Teleflex INC. regarding what is patentable?
8. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
9. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
streamlines and standardizes the processes for applying for a trademark abroad
it is a federal crime to use the us postal service to defraud others on false pretenses
10. Candyland example?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
this for that - sexual favors - general conduct however one incident is not enough
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
11. Patents allow for the owner to?
criticism - use in satire - news report - use to educate
hours of employment - conditions - age of workers
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the corporation could have prevented such acts
12. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
13. Fair use doctrine
the corporation could have prevented such acts
allows for use of copyrighted material under certain guidelines
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
14. What is a covenant of quiet enjoyment?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
obtaining ownership by living on anothers property
owner of premise where it was found - after good title is acquired
a warranty that the buyer will not be disturbed in their possession of the land
15. What terminates an easement?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
16. Age discrimination achieves what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
multiple owners of real or personal property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
ownership rights to property
17. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
intent when attached and will item be damaged because of removal? hard to determine
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.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
18. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
19. Engagement rings are considered to be?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
conditional gifts that are only accepted upon the performance of marriage
20. Discrimination during the hiring process is acceptable when?
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
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
21. What is a license considered to be in real property law?
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
sufficient evidence
obtaining ownership by living on anothers property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
22. Example of an exception to the at will doctrine based on contract theory
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
this for that - sexual favors - general conduct however one incident is not enough
No - property gifts are common
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
23. Robbery
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
conditional gifts that are only accepted upon the performance of marriage
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
24. Business process patents involve?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
generally the use of a software to perform a job or deliver product
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
multiple owners of real or personal property
25. Copyright requirements
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
No - but if they find any other reason - like you have been late often than you'll probably get fired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
test is originality - lasts life of creator - protection is automatic
26. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
owners of secret must try and protect - destroy garbage
27. What kind of mistake can be used as criminal defense?
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
members cannot give nationals favorable treatment
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
mistake of fact
28. Outcome of a unanimous guilty verdict?
obtaining ownership by living on anothers property
can appeal - subject to new trial
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
29. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
mistake of fact
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
30. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
agreement permitting use of a trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
31. Example of how an idea can be inseparable from its expression
32. Trademarks are good for? are they renewable
generally the use of a software to perform a job or deliver product
distinctive decor - menu - style - service of an offering
10 year period renewable
signed by hundreds of countries that establishes standards for the international protection of intellectual property
33. Arraignment is what?
obtaining ownership by living on anothers property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
entry of a plea - guilty/ not guilty
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
34. In order to prove discrimination in hiring one has to prove?
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
finder after obtaining a title
race - sex - national origin - color - religion
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
35. What are some criminal defenses
reverse engineer - go through garbage..
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
first person to invent not file for patent
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
36. 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?
37. When property is found who gets property when it was abondoned?
finder after obtaining a title
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
38. EEOC is responsible for doing what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
obtaining ownership by living on anothers property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
any party can terminate an employment arrangement at anytime no questions asked
39. Money laundering
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
given exclusive possession and control over property - and knowingly accept responsibility
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
process of hiding the source of illegally acquired funds
40. Mistake of fact criminal defense example
41. Cybersquatting
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
prohibits excessive bail and fines - cruel and unusual punishment
race - sex - national origin - color - religion
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
42. Country club case
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
record of such condition - being regarded as actually having a condition
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
43. 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
mistake of fact
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
ownership rights to property
44. Members of the TRIPS agreement cannot do what?
mistake of fact
voluntarily parted with at the time - but then later tries to find it
members cannot give nationals favorable treatment
the property that is burdened by a profit
45. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
who has been using it first or filed for it first
46. Strong Marks Case Example
47. Sexual harassment is treated as what?
No - property gifts are common
reverse engineer - go through garbage..
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
48. What protection does the 6th amendment provide?
first person to invent not file for patent
it is a federal crime to use the us postal service to defraud others on false pretenses
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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. Trademark dilution
allows for use of copyrighted material under certain guidelines
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
entry of a plea - guilty/ not guilty
taking property away from the owner with the intent of permanently removing them of ownership
50. Adverse possession
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
obtaining ownership by living on anothers property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent