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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. What is a conveyance?
the property that will benefit from a profit
a deed that transfers interest in a life estate from one to another
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

2. Cybersquatting
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

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

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4. Members of the TRIPS agreement cannot do what?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
members cannot give nationals favorable treatment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

5. What is a profit under real property law?
used by members of a cooperative organization to certify the quality of service or product
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
No - they are considered to be goods and is governed by the uniform commercial code
the right to enter onto another persons property with the intentions of removing something valuable

6. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
given exclusive possession and control over property - and knowingly accept responsibility
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

7. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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
multiple owners of real or personal property
breaking into a residence with the intent of performing a felony. this is a crime against property.

8. Determining disability regarding with and without equipment?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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 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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

9. Secondary Meaning Example frosty treats
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
hours of employment - conditions - age of workers

10. What is a Deed
document by which title to property is passed
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
criticism - use in satire - news report - use to educate
novel - useful - non obvious

11. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
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
probable cause

12. What could be considered as sexual harassment in the work place
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
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
sufficient evidence
this for that - sexual favors - general conduct however one incident is not enough

13. Attorney client privilege accomplishes what?
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
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

14. How can you come to possess land through adverse possession?
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
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
this for that - sexual favors - general conduct however one incident is not enough
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

15. TRIPS agreement
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
property of one person rightfully in possession of another - custody
signed by hundreds of countries that establishes standards for the international protection of intellectual property

16. Collective mark
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
property of one person rightfully in possession of another - custody

17. Significance of coca-cola V. koke Co of America
breaking into a residence with the intent of performing a felony. this is a crime against property.
intent when attached and will item be damaged because of removal? hard to determine
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
taking property away from the owner with the intent of permanently removing them of ownership

18. What kind of mistake can be used as criminal defense?
mistake of fact
No - they are considered to be goods and is governed by the uniform commercial code
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

19. Arraignment is what?
entry of a plea - guilty/ not guilty
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

20. Patent Requirements
novel - useful - non obvious
conditional gifts that are only accepted upon the performance of marriage
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

21. Money laundering
record of such condition - being regarded as actually having a condition
members cannot give nationals favorable treatment
generally the use of a software to perform a job or deliver product
process of hiding the source of illegally acquired funds

22. How long are patents protected?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
20 years from filing
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

23. Business process patents involve?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
generally the use of a software to perform a job or deliver product
prohibits excessive bail and fines - cruel and unusual punishment

24. Engagement rings are considered to be?
reverse engineer - go through garbage..
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
conditional gifts that are only accepted upon the performance of marriage
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

25. In real property law who is considered to be the servient estate?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the property that is burdened by a profit
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
mental state or intent part 2 of 2 for determining criminal liability

26. Estray statutes encourage what?
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
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
the corporation could have prevented such acts

27. Mislaid property
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
process of hiding the source of illegally acquired funds
voluntarily parted with at the time - but then later tries to find it
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

28. Generic terms can never have?
secondary meaning
document by which title to property is passed
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that will benefit from a profit

29. Constructive bailments are?

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30. Mens Rea
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
mental state or intent part 2 of 2 for determining criminal liability
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

31. What is a warranty deed?
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
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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

32. What is not copyrightable?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
crops is considered to be real property and should be considered in the sale of such property.
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
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

33. Title VII prevents discrimination in?

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34. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
finder after obtaining a title

35. Fair use is limited to?
possessor must take sole physical occupancy of the property - the possession must be made obvious - possession must be peaceful and exist for the needed amount of time - the possessor cannot have permission
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

36. Reverse discrimination example firefighters
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

37. Discrimination during the hiring process is acceptable when?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a warranty that the buyer will not be disturbed in their possession of the land
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.

38. EEOC is responsible for doing what?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
agreement permitting use of a trademark
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
a physical or mental impairment that substantially limits one or more major life activities

39. Remedies for patent infringement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
another persons right to make limited use of another persons real property without taking anything away from the property

40. Necessity defense
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
given exclusive possession and control over property - and knowingly accept responsibility

41. Reasonable accommodation requirements by the ADA
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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

42. Patents allow for the owner to?
distinctive decor - menu - style - service of an offering
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
secondary meaning

43. 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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44. Bailments are?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
breaking into a residence with the intent of performing a felony. this is a crime against property.
property of one person rightfully in possession of another - custody
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

45. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
signed by hundreds of countries that establishes standards for the international protection of intellectual property
crops is considered to be real property and should be considered in the sale of such property.
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

46. What are the requirements for adverse possession to be recognized?
race - sex - national origin - color - religion
allows for use of copyrighted material under certain guidelines
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
key words of a website that are used for search engines

47. What is an easement by prescription?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
conditional gifts that are only accepted upon the performance of marriage
secondary meaning

48. What are strong Marks?
offering someone who works at a different firm money for their trade secrets
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the corporation could have prevented such acts
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

49. Responsible corporate officer doctrine?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
taking property away from the owner with the intent of permanently removing them of ownership
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

50. Adverse possession
obtaining ownership by living on anothers property
must effectively try to acquire protection as well as keep the secret
race - sex - national origin - color - religion
yes - the particular presentation of known facts in the yellow pages for example is copyrightable