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. Examples of collective marks
probable cause
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the property that will benefit from a profit

2. Trademarks are good for? are they renewable
10 year period renewable
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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 an implied warranty of habitability?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
hours of employment - conditions - age of workers
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

4. Dominion
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
ownership rights to 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

5. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
entry of a plea - guilty/ not guilty
intent - delivery - acceptance
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

6. Country club case
work for a company with more than 50 employees - employed for a year - and must try to give notice
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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

7. Discrimination during the hiring process is acceptable when?
it is a federal crime to use the us postal service to defraud others on false pretenses
20 years from filing
a deed that transfers interest in a life estate from one to another
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

8. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

9. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
20 years from filing
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

10. Meta tags
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
key words of a website that are used for search engines
race - sex - national origin - color - religion

11. Duress criminal defense
the property that will benefit from a profit
generally the use of a software to perform a job or deliver product
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
secondary meaning

12. What is a profit under real property law?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
the right to enter onto another persons property with the intentions of removing something valuable
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
race - sex - national origin - color - religion

13. Mail Fraud Act of 1990 is what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
it is a federal crime to use the us postal service to defraud others on false pretenses
the right to enter onto another persons property with the intentions of removing something valuable
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

14. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
10 year period renewable
a deed that transfers interest in a life estate from one to another
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

15. Title VII prevents discrimination in?

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

16. Indictment requires
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
owners of secret must try and protect - destroy garbage
sufficient evidence

17. 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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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

18. Necessity defense
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
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
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
criminal defense stating that a crime was necessary in preventing an even greater crime

19. Patent Requirements
novel - useful - non obvious
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.
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
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

20. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
the corporation could have prevented such acts
No - they are considered to be goods and is governed by the uniform commercial code
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

21. Concurrent ownership
criticism - use in satire - news report - use to educate
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
hours of employment - conditions - age of workers
multiple owners of real or personal property

22. Triple amount of damages definition
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
treble damages
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

23. Age discrimination achieves what?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
No - but if they find any other reason - like you have been late often than you'll probably get fired
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

24. Outcome of unanimous not guilty?
cannot be tried again - no appeal
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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

25. What is Actus Reus
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
members cannot give nationals favorable treatment

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

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

27. Do Deeds require consideration to be valid?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
No - property gifts are common
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

28. Remedies for patent infringement
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
treble damages
streamlines and standardizes the processes for applying for a trademark abroad
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

29. What could be considered as sexual harassment in the work place
10 years and it is renewable
20 years from filing
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
this for that - sexual favors - general conduct however one incident is not enough

30. What kind of mistake can be used as criminal defense?
record of such condition - being regarded as actually having a condition
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
mistake of fact
novel - useful - non obvious

31. Napster example?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

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

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

33. Trademark dilution
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

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. What is can be considered trade dress?
No - property gifts are common
distinctive decor - menu - style - service of an offering
hours of employment - conditions - age of workers
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

36. Members of the TRIPS agreement cannot do what?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
members cannot give nationals favorable treatment
conditional gifts that are only accepted upon the performance of marriage
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

37. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

38. Is it a fixture?
generally the use of a software to perform a job or deliver product
intent when attached and will item be damaged because of removal? hard to determine
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

39. Outcome of a unanimous guilty verdict?
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
can appeal - subject to new trial
20 years from filing
the right to enter onto another persons property with the intentions of removing something valuable

40. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
test is originality - lasts life of creator - protection is automatic
members cannot give nationals favorable treatment

41. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
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
another persons right to make limited use of another persons real property without taking anything away from the property

42. Embezzlement
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
process of hiding the source of illegally acquired funds
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
fraudulent miss-use of funds that have been entrusted to them

43. Sambucks vs. starbucks
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
birth - child placement - employee health - care for spouse - child - or parent - military duty
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

44. In order for a disability to be legally recognized what must exist?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
any party can terminate an employment arrangement at anytime no questions asked
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
record of such condition - being regarded as actually having a condition

45. Example of an exception to the at will doctrine based on contract theory
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
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

46. Difference between joint tenancy and tenancy in common?
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
the corporation could have prevented such acts
secondary meaning
birth - child placement - employee health - care for spouse - child - or parent - military duty

47. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
property of one person rightfully in possession of another - custody
owner of premise where it was found - after good title is acquired
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

48. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
treble damages
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

49. What is an easement by implication?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
the right to enter onto another persons property with the intentions of removing something valuable
distinctive decor - menu - style - service of an offering

50. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
secondary meaning