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. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mistake of fact


2. Tenancy in common
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
first person to invent not file for patent


3. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
a deed that transfers interest in a life estate from one to another
finder after obtaining a title
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


4. What is the determining issue when proving entrapment?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
another persons right to make limited use of another persons real property without taking anything away from the property


5. What is not copyrightable?
record of such condition - being regarded as actually having a condition
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
property of one person rightfully in possession of another - custody
owners of secret must try and protect - destroy garbage


6. What must a deed possess to be valid?

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7. Examples of collective marks
birth - child placement - employee health - care for spouse - child - or parent - military duty
cannot be tried again - no appeal
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


8. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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


9. What are the requirements for adverse possession to be recognized?
process of hiding the source of illegally acquired funds
agreement permitting use of a trademark
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


10. Mail Fraud Act of 1990 is what?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
it is a federal crime to use the us postal service to defraud others on false pretenses


11. Certification mark
voluntarily parted with at the time - but then later tries to find it
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
cannot be tried again - no appeal


12. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
intent - delivery - acceptance
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


13. Embezzlement
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
fraudulent miss-use of funds that have been entrusted to them
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.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


14. Mail fraud act example senator?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
reverse engineer - go through garbage..


15. Candyland example?
reverse engineer - go through garbage..
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
taking property away from the owner with the intent of permanently removing them of ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


16. 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
treble damages
property of one person rightfully in possession of another - custody
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


17. What is can be considered trade dress?
owner of premise where it was found - after good title is acquired
distinctive decor - menu - style - service of an offering
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
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


18. Constructive bailments are?

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19. 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.
taking property away from the owner with the intent of permanently removing them of ownership
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
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


20. In real property law who is considered to be the dominant estate?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
agreement permitting use of a trademark
the property that will benefit from a profit
10 year period renewable


21. The EEOC requires that victims do what before they hold employers liable?
owner of premise where it was found - after good title is acquired
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 warranty that the buyer will not be disturbed in their possession of the land
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


22. Title VII prevents discrimination in?

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23. Example of an exception to the at will doctrine based on tort theory
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
intent - delivery - acceptance
document by which title to property is passed


24. EEOC is responsible for doing what?
hours of employment - conditions - age of workers
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
finder after obtaining a title
document by which title to property is passed


25. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
key words of a website that are used for search engines
No - they are considered to be goods and is governed by the uniform commercial code


26. What is a warranty deed?
test is originality - lasts life of creator - protection is automatic
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


27. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
conditional gifts that are only accepted upon the performance of marriage
owners of secret must try and protect - destroy garbage
secondary meaning


28. 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?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
sufficient evidence
streamlines and standardizes the processes for applying for a trademark abroad


29. Remedies for patent infringement
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
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
document by which title to property is passed
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


30. What could be considered as sexual harassment in the work place
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
another persons right to make limited use of another persons real property without taking anything away from the property
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
this for that - sexual favors - general conduct however one incident is not enough


31. What conditions are covered by the family medical leave act?
a warranty that the buyer will not be disturbed in their possession of the land
record of such condition - being regarded as actually having a condition
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
birth - child placement - employee health - care for spouse - child - or parent - military duty


32. Workers comp and negligence

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33. What protection does the 6th amendment provide?
the property that is burdened by a profit
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
a warranty that the buyer will not be disturbed in their possession of the land
intent - delivery - acceptance


34. What is protected expression?
10 years and it is renewable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


35. Are commercial flights permitted to fly over private property?
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
the property that is burdened by a profit
fraudulent miss-use of funds that have been entrusted to them


36. Estray statutes encourage what?
cannot be tried again - no appeal
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
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
probable cause


37. Commercial bribery example
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
10 year period renewable
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
offering someone who works at a different firm money for their trade secrets


38. How long is a copyright protected? for a corporation?
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
probable cause
novel - useful - non obvious


39. Tenancy by the entirety - or community ownership
must effectively try to acquire protection as well as keep the secret
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


40. Requirements of a bailement
streamlines and standardizes the processes for applying for a trademark abroad
given exclusive possession and control over property - and knowingly accept responsibility
process of hiding the source of illegally acquired funds
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


41. Responsible corporate officer doctrine?
novel - useful - non obvious
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


42. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
sally would possess an easement in this case - the right to travel across property owner peter's land


43. Significance of coca-cola V. koke Co of America
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
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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


44. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


45. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
the corporation could have prevented such acts
intent when attached and will item be damaged because of removal? hard to determine
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


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

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47. Counterfeiting example? regarding punishment
first person to invent not file for patent
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
streamlines and standardizes the processes for applying for a trademark abroad


48. Engagement rings are considered to be?
criminal defense stating that a crime was necessary in preventing an even greater crime
conditional gifts that are only accepted upon the performance of marriage
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


49. In order to receive protection under the family medical leave act - one must?
finder after obtaining a title
work for a company with more than 50 employees - employed for a year - and must try to give notice
voluntarily parted with at the time - but then later tries to find it
10 years and it is renewable


50. Secondary Meaning Example frosty treats
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land