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. Example of an exception to the at will doctrine based on tort theory
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


2. Duress criminal defense
sally would possess an easement in this case - the right to travel across property owner peter's land
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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


3. What is an easement by prescription?
distinctive decor - menu - style - service of an offering
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
No - property gifts are common


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

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5. Arraignment is what?
entry of a plea - guilty/ not guilty
arises when customers begin to associate a specific term or phrase with specific trademarked items
breaking into a residence with the intent of performing a felony. this is a crime against property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


6. Napster example?
hours of employment - conditions - age of workers
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
offering someone who works at a different firm money for their trade secrets
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


7. 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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


8. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
record of such condition - being regarded as actually having a condition
arises when customers begin to associate a specific term or phrase with specific trademarked items


9. Certification mark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the property that is burdened by a profit


10. How long is a copyright protected? for a corporation?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
key words of a website that are used for search engines
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


11. Attorney client privilege accomplishes what?
members cannot give nationals favorable treatment
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
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
multiple owners of real or personal property


12. Gold club corporate criminal liability example?
breaking into a residence with the intent of performing a felony. this is a crime against property.
criminal defense stating that a crime was necessary in preventing an even greater crime
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


13. Joint tenancy
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
novel - useful - non obvious


14. What is a Deed
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
document by which title to property is passed
agreement permitting use of a trademark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


15. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
treble damages
mistake of fact


16. Americans with disabilities act accomplishes what?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
intent when attached and will item be damaged because of removal? hard to determine
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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


17. Steps to determining trademark infringement?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
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
obtaining ownership by living on anothers property


18. Mistake of fact criminal defense example

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19. What is can be considered trade dress?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
race - sex - national origin - color - religion
distinctive decor - menu - style - service of an offering
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


20. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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


21. Money laundering
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
process of hiding the source of illegally acquired funds
who has been using it first or filed for it first
record of such condition - being regarded as actually having a condition


22. Business process patents involve?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
generally the use of a software to perform a job or deliver product
sally would possess an easement in this case - the right to travel across property owner peter's land


23. Generic terms can never have?
a physical or mental impairment that substantially limits one or more major life activities
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
secondary meaning
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


24. Cybersquatting
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
offering someone who works at a different firm money for their trade secrets
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


25. Tenancy in common
obtaining ownership by living on anothers property
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


26. 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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27. What is protected expression?
another persons right to make limited use of another persons real property without taking anything away from the property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


28. Country club case
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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


29. What is the result of a mistrial or a hung jury?
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
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


30. What is an implied warranty of habitability?
test is originality - lasts life of creator - protection is automatic
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
probable cause
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


31. What happens when land is sold that is growing crops?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
crops is considered to be real property and should be considered in the sale of such property.
prohibits excessive bail and fines - cruel and unusual punishment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


32. What are the requirements for adverse possession to be recognized?
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
No - they are considered to be goods and is governed by the uniform commercial code
owner of premise where it was found - after good title is acquired
treble damages


33. Counterfeiting example? regarding punishment
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
first person to invent not file for patent
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
sexual harassment is protected under title 7 because it effects genders differently in the workplace


34. Members of the TRIPS agreement cannot do what?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
members cannot give nationals favorable treatment


35. What terminates an easement?
voluntarily parted with at the time - but then later tries to find it
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
criminal defense stating that a crime was necessary in preventing an even greater crime


36. Engagement rings are considered to be?
living on another persons property - obviously - using the land for a specified amount of time. today it is generally only accidentally - i.e. fencing mistakes
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
conditional gifts that are only accepted upon the performance of marriage


37. In the united states who gets the patent if there is a conflict?
cannot be tried again - no appeal
first person to invent not file for patent
No - property gifts are common
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


38. What are the requirements for making a gift an effective transfer of ownership?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
No - property gifts are common
intent - delivery - acceptance
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


39. Reasonable accommodation requirements by the ADA
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
owners of secret must try and protect - destroy garbage


40. License in trademark law?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
agreement permitting use of a 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


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

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42. What composes an 'at will doctrine'
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it rewards citizens for putting land to good use rather than just sitting on expanses of property
any party can terminate an employment arrangement at anytime no questions asked


43. Mail fraud act example senator?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
this for that - sexual favors - general conduct however one incident is not enough
the corporation could have prevented such acts


44. Adverse possession
prohibits excessive bail and fines - cruel and unusual punishment
process of hiding the source of illegally acquired funds
obtaining ownership by living on anothers property
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


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

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46. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the property that is burdened by a profit
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


47. Copyright requirements
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 property that will benefit from a profit
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
test is originality - lasts life of creator - protection is automatic


48. Possible ruling interpretations for accession cases
signed by hundreds of countries that establishes standards for the international protection of intellectual property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


49. What is an easement?
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses
cannot be tried again - no appeal
another persons right to make limited use of another persons real property without taking anything away from the property


50. How long are patents protected?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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
20 years from filing