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. Title VII prevents discrimination in?

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2. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


3. In real property law who is considered to be the servient estate?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the property that is burdened by a profit
fraudulent miss-use of funds that have been entrusted to them
mistake of fact


4. Embezzlement
intent when attached and will item be damaged because of removal? hard to determine
fraudulent miss-use of funds that have been entrusted to them
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
sally would possess an easement in this case - the right to travel across property owner peter's land


5. In order to recieve protection what must one do?
hours of employment - conditions - age of workers
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
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
must effectively try to acquire protection as well as keep the secret


6. Special Bailments
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


7. Generic terms can never have?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
10 year period renewable
secondary meaning


8. Fair use doctrine
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
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
allows for use of copyrighted material under certain guidelines
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


9. Facts to be used in the fair use standard are?
this for that - sexual favors - general conduct however one incident is not enough
taking property away from the owner with the intent of permanently removing them of ownership
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


10. Counterfeiting example? regarding punishment
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
can appeal - subject to new trial


11. What is an implied warranty of habitability?
record of such condition - being regarded as actually having a condition
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


12. The WARN act calls for what?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
race - sex - national origin - color - religion
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


13. Indictment requires
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
who has been using it first or filed for it first
sufficient evidence
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


14. Examples of collective marks
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
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. Money laundering
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
process of hiding the source of illegally acquired funds


16. Americans with disabilities act accomplishes what?
No - but if they find any other reason - like you have been late often than you'll probably get fired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
allows for use of copyrighted material under certain guidelines


17. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
criminal defense stating that a crime was necessary in preventing an even greater crime
owners of secret must try and protect - destroy garbage
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


18. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
mistake of fact
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
cannot be tried again - no appeal


19. What must a deed possess to be valid?

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20. The EEOC requires that victims do what before they hold employers liable?
this for that - sexual favors - general conduct however one incident is not enough
can appeal - subject to new trial
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


21. Fair labor standards act covers issues such as?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
owner of premise where it was found - after good title is acquired
hours of employment - conditions - age of workers
classic stone corp. owns a profit in gross - and cannot transfer this right to another


22. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
sexual harassment is protected under title 7 because it effects genders differently in the workplace
first person to invent not file for patent
distinctive decor - menu - style - service of an offering


23. Fair use is limited to?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


24. 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
fraudulent miss-use of funds that have been entrusted to them
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent when attached and will item be damaged because of removal? hard to determine


25. In order to prove discrimination in hiring one has to prove?
agreement permitting use of a trademark
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
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


26. Title VII protected categories?
race - sex - national origin - color - religion
sufficient evidence
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
novel - useful - non obvious


27. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
test is originality - lasts life of creator - protection is automatic
taking property away from the owner with the intent of permanently removing them of ownership


28. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
10 year period renewable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


29. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
used by members of a cooperative organization to certify the quality of service or product
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
20 years from filing


30. When property is found who gets property when it was abondoned?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
criticism - use in satire - news report - use to educate
finder after obtaining a title


31. Arrest requires
property of one person rightfully in possession of another - custody
probable cause
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


32. 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?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve 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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


33. Trademarks are good for? are they renewable
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
taking property away from the owner with the intent of permanently removing them of ownership
10 year period renewable


34. Workers comp and negligence

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35. What is a Deed
any party can terminate an employment arrangement at anytime no questions asked
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
document by which title to property is passed
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


36. In order to receive protection under the family medical leave act - one must?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
work for a company with more than 50 employees - employed for a year - and must try to give notice
20 years from filing
secondary meaning


37. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
entry of a plea - guilty/ not guilty


38. What is an easement?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
10 years and it is renewable
another persons right to make limited use of another persons real property without taking anything away from the property
obtaining ownership by living on anothers property


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

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40. Patent Requirements
novel - useful - non obvious
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
offering someone who works at a different firm money for their trade secrets


41. TRIPS agreement
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
the right to enter onto another persons property with the intentions of removing something valuable
signed by hundreds of countries that establishes standards for the international protection of intellectual property


42. What is a job offer?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
members cannot give nationals favorable treatment
who has been using it first or filed for it first
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


43. 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
prohibits excessive bail and fines - cruel and unusual punishment
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


44. Can you be fired for whistle blowing?

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45. What is secondary meaning?
probable cause
conditional gifts that are only accepted upon the performance of marriage
arises when customers begin to associate a specific term or phrase with specific trademarked items
treble damages


46. How can someone legally acquire trade secrets?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
reverse engineer - go through garbage..
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


47. Example of an exception to the at will doctrine based on tort theory
process of hiding the source of illegally acquired funds
the right to enter onto another persons property with the intentions of removing something valuable
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
given exclusive possession and control over property - and knowingly accept responsibility


48. What determines likeliness of confusion?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
voluntarily parted with at the time - but then later tries to find it
a warranty that the buyer will not be disturbed in their possession of the land
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


49. Engagement rings are considered to be?
the property that is burdened by a profit
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
conditional gifts that are only accepted upon the performance of marriage
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


50. Adverse possession
obtaining ownership by living on anothers property
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
multiple owners of real or personal property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market