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. 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
it is a federal crime to use the us postal service to defraud others on false pretenses
record of such condition - being regarded as actually having a condition


2. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
first person to invent not file for patent
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
this for that - sexual favors - general conduct however one incident is not enough


3. What is a job offer?
prohibits excessive bail and fines - cruel and unusual punishment
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
secondary meaning
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


4. What is legally a disability?
a warranty that the buyer will not be disturbed in their possession of the land
birth - child placement - employee health - care for spouse - child - or parent - military duty
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 physical or mental impairment that substantially limits one or more major life activities


5. Meta tag example about terri welles
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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


6. Adverse possession
sexual harassment is protected under title 7 because it effects genders differently in the workplace
it is a federal crime to use the us postal service to defraud others on false pretenses
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
obtaining ownership by living on anothers property


7. Drake V. Walton County regarding the county taking property
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.
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
property of one person rightfully in possession of another - custody


8. Candyland example?
work for a company with more than 50 employees - employed for a year - and must try to give notice
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
entry of a plea - guilty/ not guilty
record of such condition - being regarded as actually having a condition


9. Possible ruling interpretations for accession cases
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
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
entry of a plea - guilty/ not guilty
document by which title to property is passed


10. What is a covenant of quiet enjoyment?
reverse engineer - go through garbage..
a warranty that the buyer will not be disturbed in their possession of the land
sexual harassment is protected under title 7 because it effects genders differently in the workplace
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


11. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
obtaining ownership by living on anothers property


12. Arraignment is what?
process of hiding the source of illegally acquired funds
distinctive decor - menu - style - service of an offering
test is originality - lasts life of creator - protection is automatic
entry of a plea - guilty/ not guilty


13. Mislaid property
voluntarily parted with at the time - but then later tries to find it
this for that - sexual favors - general conduct however one incident is not enough
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
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


14. What is an easement by implication?
finder after obtaining a title
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


15. The EEOC requires that victims do what before they hold employers liable?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


16. Counterfeiting example? regarding punishment
No - property gifts are common
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
sufficient evidence
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


17. Trademark dilution
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
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
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


18. Copyright requirements
voluntarily parted with at the time - but then later tries to find it
test is originality - lasts life of creator - protection is automatic
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


19. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
agreement permitting use of a trademark


20. Responsible corporate officer doctrine?
first person to invent not file for patent
property of one person rightfully in possession of another - custody
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
offering someone who works at a different firm money for their trade secrets


21. Tenancy by the entirety - or community ownership
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
intent when attached and will item be damaged because of removal? hard to determine
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


22. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
property of one person rightfully in possession of another - custody
secondary meaning
mental state or intent part 2 of 2 for determining criminal liability


23. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
20 years from filing
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that is burdened by a profit


24. What are some criminal defenses
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


25. Can you be fired for whistle blowing?

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26. Strong Marks Case Example

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27. What is the determining issue when proving entrapment?
secondary meaning
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
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


28. How are trade secrets treated and protected?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
owners of secret must try and protect - destroy garbage
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


29. Generic terms can never have?
secondary meaning
owner of premise where it was found - after good title is acquired
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
10 year period renewable


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

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31. In real property law who is considered to be the dominant estate?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
the property that will benefit from a profit
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


32. Determining disability regarding with and without equipment?
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
document by which title to property is passed
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


33. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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34. TRIPS agreement
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.
mistake of fact
signed by hundreds of countries that establishes standards for the international protection of intellectual property


35. Requirements of a bailement
taking property away from the owner with the intent of permanently removing them of ownership
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
given exclusive possession and control over property - and knowingly accept responsibility
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


36. Tenancy in common
conditional gifts that are only accepted upon the performance of marriage
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
property of one person rightfully in possession of another - custody
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


37. Trademarks are good for? are they renewable
No - but if they find any other reason - like you have been late often than you'll probably get fired
10 year period renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the property that is burdened by a profit


38. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
arises when customers begin to associate a specific term or phrase with specific trademarked items
reverse engineer - go through garbage..
distinctive decor - menu - style - service of an offering
secondary meaning


39. How long are patents protected?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
the property that is burdened by a profit
20 years from filing


40. What composes RICO?
mental state or intent part 2 of 2 for determining criminal liability
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
members cannot give nationals favorable treatment


41. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
fraudulent miss-use of funds that have been entrusted to them
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


42. What must a deed possess to be valid?

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43. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


44. What could be considered as sexual harassment in the work place
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
agreement permitting use of a trademark
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
this for that - sexual favors - general conduct however one incident is not enough


45. Do Deeds require consideration to be valid?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - property gifts are common
can appeal - subject to new trial
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


46. Money laundering
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
process of hiding the source of illegally acquired funds


47. What kind of mistake can be used as criminal defense?
a deed that transfers interest in a life estate from one to another
document by which title to property is passed
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mistake of fact


48. How long is a trademark protected? is it renewable
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
10 years and it is renewable


49. In order to recieve protection what must one do?
obtaining ownership by living on anothers property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
must effectively try to acquire protection as well as keep the secret


50. How is the right to use a trademark determined?
who has been using it first or filed for it first
must effectively try to acquire protection as well as keep the secret
hours of employment - conditions - age of workers
treble damages