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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. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
reverse engineer - go through garbage..
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

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

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3. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
record of such condition - being regarded as actually having a condition
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
it rewards citizens for putting land to good use rather than just sitting on expanses of property

4. What could be considered as sexual harassment in the work place
record of such condition - being regarded as actually having a condition
this for that - sexual favors - general conduct however one incident is not enough
sally would possess an easement in this case - the right to travel across property owner peter's land
who has been using it first or filed for it first

5. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
work for a company with more than 50 employees - employed for a year - and must try to give notice
document by which title to property is passed
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

6. Money laundering
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the corporation could have prevented such acts
process of hiding the source of illegally acquired funds
generally the use of a software to perform a job or deliver product

7. Embezzlement
sally would possess an easement in this case - the right to travel across property owner peter's land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
fraudulent miss-use of funds that have been entrusted to them
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

8. What is a profit under real property law?
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
the right to enter onto another persons property with the intentions of removing something valuable
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

9. Facts to be used in the fair use standard are?
can appeal - subject to new trial
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
intent when attached and will item be damaged because of removal? hard to determine
agreement permitting use of a trademark

10. Mislaid property
mistake of fact
offering someone who works at a different firm money for their trade secrets
taking property away from the owner with the intent of permanently removing them of ownership
voluntarily parted with at the time - but then later tries to find it

11. In order to prove discrimination in hiring one has to prove?
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
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
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
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

12. Example of an exception to the at will doctrine based on tort theory
must effectively try to acquire protection as well as keep the secret
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

13. Candyland example?
streamlines and standardizes the processes for applying for a trademark abroad
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

14. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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. Difference between joint tenancy and tenancy in common?
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
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
ownership rights to property

16. 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
can appeal - subject to new trial
distinctive decor - menu - style - service of an offering
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

17. In order for a disability to be legally recognized what must exist?
must effectively try to acquire protection as well as keep the secret
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
record of such condition - being regarded as actually having a condition
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. What determines likeliness of confusion?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

19. Trademarks are good for? are they renewable
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
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
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
10 year period renewable

20. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual

21. Business process patents involve?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
property of one person rightfully in possession of another - custody
No - but if they find any other reason - like you have been late often than you'll probably get fired
generally the use of a software to perform a job or deliver product

22. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

23. Mistake of fact criminal defense example

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24. How can someone legally acquire trade secrets?
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
novel - useful - non obvious
reverse engineer - go through garbage..
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

25. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

26. What are the requirements for making a gift an effective transfer of ownership?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
intent - delivery - acceptance

27. Bailments are?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
a deed that transfers interest in a life estate from one to another
the property that will benefit from a profit
property of one person rightfully in possession of another - custody

28. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
any party can terminate an employment arrangement at anytime no questions asked
this for that - sexual favors - general conduct however one incident is not enough
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

29. The madrid protocol accomplishes what?
process of hiding the source of illegally acquired funds
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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

30. What happens when land is sold that is growing crops?
prohibits excessive bail and fines - cruel and unusual punishment
ownership rights to property
it rewards citizens for putting land to good use rather than just sitting on expanses of property
crops is considered to be real property and should be considered in the sale of such property.

31. Do Deeds require consideration to be valid?
fraudulent miss-use of funds that have been entrusted to them
No - property gifts are common
generally the use of a software to perform a job or deliver product
work for a company with more than 50 employees - employed for a year - and must try to give notice

32. Roman Catholic Church V. Prince Reality Management regarding a license?
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 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
who has been using it first or filed for it first
must effectively try to acquire protection as well as keep the secret

33. Significance of coca-cola V. koke Co of America
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
can appeal - subject to new trial
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

34. What is legally a disability?
a deed that transfers interest in a life estate from one to another
signed by hundreds of countries that establishes standards for the international protection of intellectual property
a physical or mental impairment that substantially limits one or more major life activities
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

35. Purpose of criminal penalties?
probable cause
race - sex - national origin - color - religion
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations

36. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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

37. Discrimination during the hiring process is acceptable when?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

38. License in trademark law?
agreement permitting use of a trademark
finder after obtaining a title
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

39. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
it is a federal crime to use the us postal service to defraud others on false pretenses
race - sex - national origin - color - religion
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
must effectively try to acquire protection as well as keep the secret

40. How is the right to use a trademark determined?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
who has been using it first or filed for it first
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
can appeal - subject to new trial

41. What composes RICO?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
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
birth - child placement - employee health - care for spouse - child - or parent - military duty

42. Triple amount of damages definition
breaking into a residence with the intent of performing a felony. this is a crime against property.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
treble damages
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

43. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the corporation could have prevented such acts
used by members of a cooperative organization to certify the quality of service or product
treble damages

44. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
secondary meaning
No - they are considered to be goods and is governed by the uniform commercial code
the property that will benefit from a profit

45. Sambucks vs. starbucks
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

46. Title VII protected categories?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
race - sex - national origin - color - religion
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

47. The WARN act calls for what?
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
given exclusive possession and control over property - and knowingly accept responsibility
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

48. Example of an exception to the at will doctrine based on contract theory
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
No - they are considered to be goods and is governed by the uniform commercial code
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

49. Possible ruling interpretations for accession cases
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
agreement permitting use of a 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
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

50. 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.
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
offering someone who works at a different firm money for their trade secrets
the property that is burdened by a profit