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. Concurrent ownership
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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+
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


2. Trademark dilution
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
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
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


3. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
secondary meaning
document by which title to property is passed
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


4. What is can be considered trade dress?
offering someone who works at a different firm money for their trade secrets
distinctive decor - menu - style - service of an offering
the corporation could have prevented such acts
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


5. Estray statutes encourage what?
document by which title to property is passed
another persons right to make limited use of another persons real property without taking anything away from the property
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
taking property away from the owner with the intent of permanently removing them of ownership


6. What are the requirements for making a gift an effective transfer of ownership?
the corporation could have prevented such acts
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
intent - delivery - acceptance
agreement permitting use of a trademark


7. How long is a copyright protected? for a corporation?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
crops is considered to be real property and should be considered in the sale of such property.


8. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the property that will benefit from a profit
a deed that transfers interest in a life estate from one to another
allows for use of copyrighted material under certain guidelines


9. Responsible corporate officer doctrine?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


10. Title VII prevents discrimination in?

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11. Outcome of unanimous not guilty?
a physical or mental impairment that substantially limits one or more major life activities
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
cannot be tried again - no appeal
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


12. Adverse possession
obtaining ownership by living on anothers property
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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


13. The EEOC requires that victims do what before they hold employers liable?
sally would possess an easement in this case - the right to travel across property owner peter's land
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
key words of a website that are used for search engines


14. In order to recieve protection what must one do?
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
must effectively try to acquire protection as well as keep the secret
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


15. What is protected expression?
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
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
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


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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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


17. In order to prove discrimination in hiring one has to prove?
the corporation could have prevented such acts
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
prohibits excessive bail and fines - cruel and unusual punishment


18. When property is found that was mislaid who owns it?
taking property away from the owner with the intent of permanently removing them of ownership
multiple owners of real or personal property
owner of premise where it was found - after good title is acquired
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


19. What conditions are covered by the family medical leave act?
10 year period renewable
sexual harassment is protected under title 7 because it effects genders differently in the workplace
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
birth - child placement - employee health - care for spouse - child - or parent - military duty


20. What happens when land is sold that is growing crops?
members cannot give nationals favorable treatment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
arises when customers begin to associate a specific term or phrase with specific trademarked items
crops is considered to be real property and should be considered in the sale of such property.


21. Dominion
ownership rights to property
voluntarily parted with at the time - but then later tries to find it
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
it is a federal crime to use the us postal service to defraud others on false pretenses


22. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
the corporation could have prevented such acts
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


23. Determining disability regarding with and without equipment?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
any party can terminate an employment arrangement at anytime no questions asked


24. Business process patents involve?
generally the use of a software to perform a job or deliver product
hours of employment - conditions - age of workers
distinctive decor - menu - style - service of an offering
20 years from filing


25. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
taking property away from the owner with the intent of permanently removing them of ownership
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


26. What is a warranty deed?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
record of such condition - being regarded as actually having a condition
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


27. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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


28. Candyland example?
criticism - use in satire - news report - use to educate
entry of a plea - guilty/ not guilty
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


29. The WARN act calls for what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
No - property gifts are common


30. Constructive bailments are?

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31. Country club case
taking property away from the owner with the intent of permanently removing them of ownership
No - they are considered to be goods and is governed by the uniform commercial code
reverse engineer - go through garbage..
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


32. Duress criminal defense
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


33. Fair use is limited to?
court found that sambucks caused significant confusion required to harm the value of starbacks 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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
entry of a plea - guilty/ not guilty


34. What are the requirements for adverse possession to be recognized?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
treble damages
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


36. Americans with disabilities act accomplishes what?
sufficient evidence
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


37. 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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38. What could be considered as sexual harassment in the work place
a warranty that the buyer will not be disturbed in their possession of the land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
this for that - sexual favors - general conduct however one incident is not enough
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


39. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


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

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41. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
intent - delivery - acceptance
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


42. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
mental state or intent part 2 of 2 for determining criminal liability
criminal defense stating that a crime was necessary in preventing an even greater crime
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


43. Robbery
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


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

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45. Sexual harassment is treated as what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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


46. Fair use doctrine
ownership rights to property
mistake of fact
allows for use of copyrighted material under certain guidelines
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


47. What kind of mistake can be used as criminal defense?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
mistake of fact
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
No - but if they find any other reason - like you have been late often than you'll probably get fired


48. Age discrimination achieves what?
No - they are considered to be goods and is governed by the uniform commercial code
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
20 years from filing


49. Money laundering
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
work for a company with more than 50 employees - employed for a year - and must try to give notice
No - but if they find any other reason - like you have been late often than you'll probably get fired
process of hiding the source of illegally acquired funds


50. Strong Marks Case Example

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