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. 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.
10 year period renewable
it rewards citizens for putting land to good use rather than just sitting on expanses of 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


2. Adverse possession
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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
obtaining ownership by living on anothers property


3. How are trade secrets treated and protected?
offering someone who works at a different firm money for their trade secrets
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
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
owners of secret must try and protect - destroy garbage


4. Outcome of unanimous not guilty?
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
distinctive decor - menu - style - service of an offering
cannot be tried again - no appeal
work for a company with more than 50 employees - employed for a year - and must try to give notice


5. Sambucks vs. starbucks
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a physical or mental impairment that substantially limits one or more major life activities


6. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
offering someone who works at a different firm money for their trade secrets
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
sally would possess an easement in this case - the right to travel across property owner peter's land


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

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8. How long is a trademark protected? is it renewable
a deed that transfers interest in a life estate from one to another
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
10 years and it is renewable


9. Estray statutes encourage what?
criticism - use in satire - news report - use to educate
secondary meaning
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
any party can terminate an employment arrangement at anytime no questions asked


10. How long are patents protected?
20 years from filing
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


11. 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
finder after obtaining a title
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
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


12. The Berne Convention
race - sex - national origin - color - religion
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


13. 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
entry of a plea - guilty/ not guilty
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


14. The WARN act calls for what?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


15. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
this for that - sexual favors - general conduct however one incident is not enough
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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. Do Deeds require consideration to be valid?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
No - property gifts are common
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


17. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally the use of a software to perform a job or deliver product
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning


18. Can you be fired for whistle blowing?

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19. What protection does the 6th amendment provide?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
arises when customers begin to associate a specific term or phrase with specific trademarked items
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


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

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21. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
cannot be tried again - no appeal


22. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


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

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24. Are compilation of facts copyrightable? case example
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
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 someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


25. What is an easement by implication?
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
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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another


26. Commercial bribery example
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
offering someone who works at a different firm money for their trade secrets
a physical or mental impairment that substantially limits one or more major life activities
it rewards citizens for putting land to good use rather than just sitting on expanses of property


27. What terminates an easement?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


28. Mislaid property
voluntarily parted with at the time - but then later tries to find it
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
hours of employment - conditions - age of workers


29. TRIPS agreement
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
signed by hundreds of countries that establishes standards for the international protection of intellectual 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
record of such condition - being regarded as actually having a condition


30. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
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
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


31. In real property law who is considered to be the servient estate?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
owner of premise where it was found - after good title is acquired
the property that is burdened by a profit
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


32. How can you come to possess land through adverse possession?
10 year period renewable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
intent - delivery - acceptance
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


33. Constructive bailments are?

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34. In the united states who gets the patent if there is a conflict?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
first person to invent not file for patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


35. What is 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
criminal defense stating that a crime was necessary in preventing an even greater crime
another persons right to make limited use of another persons real property without taking anything away from the property


36. What composes an 'at will doctrine'
the right to enter onto another persons property with the intentions of removing something valuable
process of hiding the source of illegally acquired funds
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
any party can terminate an employment arrangement at anytime no questions asked


37. Certification mark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


38. Meta tags
distinctive decor - menu - style - service of an offering
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
key words of a website that are used for search engines


39. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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.
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
a warranty that the buyer will not be disturbed in their possession of the land


40. What is secondary meaning?
the corporation could have prevented such acts
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
arises when customers begin to associate a specific term or phrase with specific trademarked items
entry of a plea - guilty/ not guilty


41. Joint tenancy
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
agreement permitting use of a trademark


42. In order to receive protection under the family medical leave act - one must?
the right to enter onto another persons property with the intentions of removing something valuable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
mental state or intent part 2 of 2 for determining criminal liability
work for a company with more than 50 employees - employed for a year - and must try to give notice


43. Darst V. Interstate Brands Corp. regarding family and medical leave rights
document by which title to property is passed
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
distinctive decor - menu - style - service of an offering


44. Determining disability regarding with and without equipment?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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
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


45. What is a profit under real property law?
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that is burdened by a profit
sally would possess an easement in this case - the right to travel across property owner peter's land
the right to enter onto another persons property with the intentions of removing something valuable


46. Facts to be used in the fair use standard are?
mistake of fact
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
finder after obtaining a title
the corporation could have prevented such acts


47. 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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48. What is the result of a mistrial or a hung jury?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


49. The EEOC requires that victims do what before they hold employers liable?
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
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
intent when attached and will item be damaged because of removal? hard to determine


50. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
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
the property that will benefit from a profit
secondary meaning