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. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
crops is considered to be real property and should be considered in the sale of such property.
finder after obtaining a title


2. Members of the TRIPS agreement cannot do what?
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
members cannot give nationals favorable treatment
the corporation could have prevented such acts
who has been using it first or filed for it first


3. What is secondary meaning?
criticism - use in satire - news report - use to educate
secondary meaning
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
arises when customers begin to associate a specific term or phrase with specific trademarked items


4. Discrimination during the hiring process is acceptable when?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
it is a federal crime to use the us postal service to defraud others on false pretenses


5. Larceny
can appeal - subject to new trial
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


6. Special Bailments
process of hiding the source of illegally acquired funds
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
record of such condition - being regarded as actually having a condition


7. In order to prove discrimination in hiring one has to prove?
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
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


8. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
used by members of a cooperative organization to certify the quality of service or product
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
mistake of fact


9. When property is found that was mislaid who owns it?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
owner of premise where it was found - after good title is acquired
probable cause


10. Constructive bailments are?

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11. Gold club corporate criminal liability example?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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


12. How long is a copyright protected? for a corporation?
novel - useful - non obvious
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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


13. 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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
race - sex - national origin - color - religion
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


14. What determines likeliness of confusion?
intent when attached and will item be damaged because of removal? hard to determine
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


15. What is a conveyance?
reverse engineer - go through garbage..
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
a deed that transfers interest in a life estate from one to another


16. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
race - sex - national origin - color - religion
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


17. Patent Requirements
owners of secret must try and protect - destroy garbage
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
novel - useful - non obvious
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


18. Meta tags
used by members of a cooperative organization to certify the quality of service or product
intent - delivery - acceptance
key words of a website that are used for search engines
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


19. Indictment requires
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
sufficient evidence
the property that is burdened by a profit


20. Reverse discrimination example firefighters
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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
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


21. Title VII prevents discrimination in?

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22. What is a warranty deed?
record of such condition - being regarded as actually having a condition
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
classic stone corp. owns a profit in gross - and cannot transfer this right to another


23. Fair use doctrine
reverse engineer - go through garbage..
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
allows for use of copyrighted material under certain guidelines
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


24. George V restauration s.a. V. Little Rest Twelve licensing case example

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25. What happens when land is sold that is growing crops?
secondary meaning
distinctive decor - menu - style - service of an offering
crops is considered to be real property and should be considered in the sale of such property.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


26. Example of an exception to the at will doctrine based on tort theory
owners of secret must try and protect - destroy garbage
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


27. TRIPS agreement
used by members of a cooperative organization to certify the quality of service or product
offering someone who works at a different firm money for their trade secrets
signed by hundreds of countries that establishes standards for the international protection of intellectual property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


28. What is a covenant of quiet enjoyment?
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
a warranty that the buyer will not be disturbed in their possession of the land
the property that is burdened by a profit
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


29. What is Actus Reus
generally the use of a software to perform a job or deliver product
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
conditional gifts that are only accepted upon the performance of marriage


30. What protection does the 6th amendment provide?
this for that - sexual favors - general conduct however one incident is not enough
the right to enter onto another persons property with the intentions of removing something valuable
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


31. Arraignment is what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
entry of a plea - guilty/ not guilty


32. What uses fall under the fair use doctrine?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
criticism - use in satire - news report - use to educate
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
No - property gifts are common


33. What protection does the 8th amendment provide?
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
used by members of a cooperative organization to certify the quality of service or product
prohibits excessive bail and fines - cruel and unusual punishment


34. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
the property that is burdened by a profit
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


35. What composes RICO?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
mental state or intent part 2 of 2 for determining criminal liability
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


36. Remedies for patent infringement
mental state or intent part 2 of 2 for determining criminal liability
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
secondary meaning
mistake of fact


37. Business process patents involve?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
given exclusive possession and control over property - and knowingly accept responsibility
generally the use of a software to perform a job or deliver product
No - they are considered to be goods and is governed by the uniform commercial code


38. Mail Fraud Act of 1990 is what?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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 is a federal crime to use the us postal service to defraud others on false pretenses
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


39. Do Deeds require consideration to be valid?
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
allows for use of copyrighted material under certain guidelines
No - property gifts are common


40. Responsible corporate officer doctrine?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a deed that transfers interest in a life estate from one to another
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


41. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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.


42. Americans with disabilities act accomplishes what?
a physical or mental impairment that substantially limits one or more major life activities
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
secondary meaning
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


43. The Berne Convention
reverse engineer - go through garbage..
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
cannot be tried again - no appeal


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

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

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46. In order for a disability to be legally recognized what must exist?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
treble damages
record of such condition - being regarded as actually having a condition
property of one person rightfully in possession of another - custody


47. In the united states who gets the patent if there is a conflict?
criticism - use in satire - news report - use to educate
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
novel - useful - non obvious
first person to invent not file for patent


48. Possible ruling interpretations for accession cases
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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


49. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
secondary meaning


50. What is a license considered to be in real property law?
crops is considered to be real property and should be considered in the sale of such property.
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
finder after obtaining a title