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. How long is a copyright protected? for a corporation?
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
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
criticism - use in satire - news report - use to educate
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


2. Bailments are?
property of one person rightfully in possession of another - custody
sexual harassment is protected under title 7 because it effects genders differently in the workplace
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


3. Fair labor standards act covers issues such as?
first person to invent not file for patent
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
hours of employment - conditions - age of workers


4. Constructive bailments are?

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5. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
intent - delivery - acceptance
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


6. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
can appeal - subject to new trial
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
the property that is burdened by a profit


7. What is secondary meaning?
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
arises when customers begin to associate a specific term or phrase with specific trademarked items
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


8. Workers comp and negligence

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9. How long are patents protected?
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
intent - delivery - acceptance
20 years from filing
test is originality - lasts life of creator - protection is automatic


10. Indictment requires
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
sufficient evidence


11. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
first person to invent not file for patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


12. When property is found that was mislaid who owns it?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
crops is considered to be real property and should be considered in the sale of such property.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
owner of premise where it was found - after good title is acquired


13. Derivative work
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


14. Are crops real property when they are sold?
key words of a website that are used for search engines
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
No - they are considered to be goods and is governed by the uniform commercial code


15. Do Deeds require consideration to be valid?
must effectively try to acquire protection as well as keep the secret
No - property gifts are common
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


16. Strong Marks Case Example

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17. License in trademark law?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
can appeal - subject to new trial
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
agreement permitting use of a trademark


18. Counterfeiting example? regarding punishment
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
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
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
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


19. Arraignment is what?
finder after obtaining a title
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
entry of a plea - guilty/ not guilty
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


20. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
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
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
voluntarily parted with at the time - but then later tries to find it


21. Adverse possession
secondary meaning
obtaining ownership by living on anothers property
ownership rights to property
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


22. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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23. Engagement rings are considered to be?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
conditional gifts that are only accepted upon the performance of marriage
any party can terminate an employment arrangement at anytime no questions asked
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


24. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
first person to invent not file for patent
streamlines and standardizes the processes for applying for a trademark abroad


25. What is not copyrightable?
novel - useful - non obvious
property of one person rightfully in possession of another - custody
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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


26. Napster example?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
taking property away from the owner with the intent of permanently removing them of ownership
test is originality - lasts life of creator - protection is automatic


27. Example of an exception to the at will doctrine based on contract theory
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
birth - child placement - employee health - care for spouse - child - or parent - military duty


28. Mistake of fact criminal defense example

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29. What is Actus Reus
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sally would possess an easement in this case - the right to travel across property owner peter's land
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


30. 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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31. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
multiple owners of real or personal property
property of one person rightfully in possession of another - custody
cannot be tried again - no appeal


32. The WARN act calls for what?
sufficient evidence
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
breaking into a residence with the intent of performing a felony. this is a crime against 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


33. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
owner of premise where it was found - after good title is acquired
obtaining ownership by living on anothers property


34. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
sally would possess an easement in this case - the right to travel across property owner peter's land


35. What is an easement?
birth - child placement - employee health - care for spouse - child - or parent - military duty
another persons right to make limited use of another persons real property without taking anything away from the property
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
10 years and it is renewable


36. What composes RICO?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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


37. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
fraudulent miss-use of funds that have been entrusted to them
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
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


38. Outcome of a unanimous guilty verdict?
owner of premise where it was found - after good title is acquired
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
can appeal - subject to new trial


39. Mens Rea
a deed that transfers interest in a life estate from one to another
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mental state or intent part 2 of 2 for determining criminal liability


40. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


41. What protection does the 8th amendment provide?
distinctive decor - menu - style - service of an offering
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
prohibits excessive bail and fines - cruel and unusual punishment
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


42. Possible ruling interpretations for accession cases
key words of a website that are used for search engines
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
owners of secret must try and protect - destroy garbage


43. In order to receive protection under the family medical leave act - one must?
given exclusive possession and control over property - and knowingly accept responsibility
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
sally would possess an easement in this case - the right to travel across property owner peter's land


44. What is an easement by prescription?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
test is originality - lasts life of creator - protection is automatic
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


45. 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
cannot be tried again - no appeal
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
conditional gifts that are only accepted upon the performance of marriage


46. What is the determining issue when proving entrapment?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
intent when attached and will item be damaged because of removal? hard to determine
signed by hundreds of countries that establishes standards for the international protection of intellectual property


47. How can someone legally acquire trade secrets?
No - but if they find any other reason - like you have been late often than you'll probably get fired
reverse engineer - go through garbage..
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


48. What is the result of a mistrial or a hung jury?
first person to invent not file for patent
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


49. TRIPS agreement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


50. Steps to determining trademark infringement?
obtaining ownership by living on anothers property
cannot be tried again - no appeal
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
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