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. The EEOC requires that victims do what before they hold employers liable?
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 deed that transfers interest in a life estate from one to another
work for a company with more than 50 employees - employed for a year - and must try to give notice
race - sex - national origin - color - religion


2. Purpose of criminal penalties?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property


3. Generic terms can never have?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


4. 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.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
sufficient evidence


5. Remedies for patent infringement
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
multiple owners of real or personal property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


6. Constructive bailments are?

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7. How long are patents protected?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
20 years from filing
criticism - use in satire - news report - use to educate
probable cause


8. In order to receive protection under the family medical leave act - one must?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
work for a company with more than 50 employees - employed for a year - and must try to give notice
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


9. Estray statutes encourage what?
criticism - use in satire - news report - use to educate
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


10. How is the right to use a trademark determined?
intent - delivery - acceptance
who has been using it first or filed for it first
reverse engineer - go through garbage..
the right to enter onto another persons property with the intentions of removing something valuable


11. How are trade secrets treated and protected?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owners of secret must try and protect - destroy garbage
a physical or mental impairment that substantially limits one or more major life activities


12. What protection does the 8th amendment provide?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
fraudulent miss-use of funds that have been entrusted to them
prohibits excessive bail and fines - cruel and unusual punishment
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


13. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
signed by hundreds of countries that establishes standards for the international protection of intellectual property
record of such condition - being regarded as actually having a condition


14. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
20 years from filing
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property


15. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
given exclusive possession and control over property - and knowingly accept responsibility
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


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

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17. Example of an exception to the at will doctrine based on tort theory
arises when customers begin to associate a specific term or phrase with specific trademarked items
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 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
entry of a plea - guilty/ not guilty


18. What is secondary meaning?
used by members of a cooperative organization to certify the quality of service or product
arises when customers begin to associate a specific term or phrase with specific trademarked items
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


19. In order to recieve protection what must one do?
the property that is burdened by a profit
sufficient evidence
must effectively try to acquire protection as well as keep the secret
this for that - sexual favors - general conduct however one incident is not enough


20. What is a covenant of quiet enjoyment?
10 years and it is renewable
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
a warranty that the buyer will not be disturbed in their possession of the land
who has been using it first or filed for it first


21. The Berne Convention
another persons right to make limited use of another persons real property without taking anything away from the property
birth - child placement - employee health - care for spouse - child - or parent - military duty
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


22. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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 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
secondary meaning


23. Business process patents involve?
a warranty that the buyer will not be disturbed in their possession of the land
generally the use of a software to perform a job or deliver product
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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


24. What is Actus Reus
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


25. Money laundering
offering someone who works at a different firm money for their trade secrets
process of hiding the source of illegally acquired funds
another persons right to make limited use of another persons real property without taking anything away from the property
multiple owners of real or personal property


26. What is an implied warranty of habitability?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
voluntarily parted with at the time - but then later tries to find it
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


27. Arraignment is what?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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
entry of a plea - guilty/ not guilty


28. What composes an 'at will doctrine'
agreement permitting use of a trademark
No - but if they find any other reason - like you have been late often than you'll probably get fired
classic stone corp. owns a profit in gross - and cannot transfer this right to another
any party can terminate an employment arrangement at anytime no questions asked


29. Are crops real property when they are sold?
a warranty that the buyer will not be disturbed in their possession of the land
20 years from filing
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
No - they are considered to be goods and is governed by the uniform commercial code


30. EEOC is responsible for doing what?
used by members of a cooperative organization to certify the quality of service or product
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


31. When property is found who gets property when it was abondoned?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
intent - delivery - acceptance
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
finder after obtaining a title


32. Members of the TRIPS agreement cannot do what?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
members cannot give nationals favorable treatment
race - sex - national origin - color - religion
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


33. What is a warranty deed?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
treble damages
sally would possess an easement in this case - the right to travel across property owner peter's land
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


34. What are the requirements for adverse possession to be recognized?
owners of secret must try and protect - destroy garbage
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
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
first person to invent not file for patent


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

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36. Triple amount of damages definition
treble damages
key words of a website that are used for search engines
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


37. What composes RICO?
crops is considered to be real property and should be considered in the sale of such property.
members cannot give nationals favorable treatment
taking property away from the owner with the intent of permanently removing them of ownership
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


38. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
any party can terminate an employment arrangement at anytime no questions asked
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


39. 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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40. What is a conveyance?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
any party can terminate an employment arrangement at anytime no questions asked
must effectively try to acquire protection as well as keep the secret
a deed that transfers interest in a life estate from one to another


41. What must a deed possess to be valid?

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42. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
streamlines and standardizes the processes for applying for a trademark abroad
voluntarily parted with at the time - but then later tries to find it


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

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44. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


45. Meta tags
key words of a website that are used for search engines
if someone walks off with what the believe to be theres - but isn't than that is a 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
sexual harassment is protected under title 7 because it effects genders differently in the workplace


46. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


47. Country club case
a warranty that the buyer will not be disturbed in their possession of the land
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
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


48. Robbery
it is a federal crime to use the us postal service to defraud others on false pretenses
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
arises when customers begin to associate a specific term or phrase with specific trademarked items
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


49. The WARN act calls for what?
process of hiding the source of illegally acquired funds
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


50. When property is found that was mislaid who owns it?
prohibits excessive bail and fines - cruel and unusual punishment
owner of premise where it was found - after good title is acquired
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common