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 legally a disability?
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
a physical or mental impairment that substantially limits one or more major life activities
crops is considered to be real property and should be considered in the sale of such property.
secondary meaning


2. Responsible corporate officer doctrine?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the property that will benefit from a profit
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


3. Money laundering
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
process of hiding the source of illegally acquired funds
a deed that transfers interest in a life estate from one to another
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


4. Necessity defense
No - they are considered to be goods and is governed by the uniform commercial code
mistake of fact
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
criminal defense stating that a crime was necessary in preventing an even greater crime


5. Candyland example?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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


6. What terminates an easement?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


7. Determining disability regarding with and without equipment?
a deed that transfers interest in a life estate from one to another
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


8. What is a job offer?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


9. 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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10. What protection does the 8th amendment provide?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
prohibits excessive bail and fines - cruel and unusual punishment


11. What is a profit under real property law?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the right to enter onto another persons property with the intentions of removing something valuable


12. Tenancy in common
hours of employment - conditions - age of workers
any party can terminate an employment arrangement at anytime no questions asked
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


13. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
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
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


14. Copyright requirements
test is originality - lasts life of creator - protection is automatic
intent - delivery - acceptance
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
hours of employment - conditions - age of workers


15. Duress criminal defense
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
criminal defense stating that a crime was necessary in preventing an even greater crime
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


16. Title VII prevents discrimination in?

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17. What must a deed possess to be valid?

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18. Estray statutes encourage what?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


19. What is not copyrightable?
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
reverse engineer - go through garbage..
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


20. Reverse discrimination example firefighters
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.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
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


21. Mail Fraud Act of 1990 is what?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
generally the use of a software to perform a job or deliver product
it is a federal crime to use the us postal service to defraud others on false pretenses


22. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


23. Steps to determining trademark infringement?
treble damages
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
obtaining ownership by living on anothers property
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


24. Mens Rea
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
must effectively try to acquire protection as well as keep the secret
mental state or intent part 2 of 2 for determining criminal liability
novel - useful - non obvious


25. What composes an 'at will doctrine'
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
any party can terminate an employment arrangement at anytime no questions asked
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


26. Age discrimination achieves what?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
classic stone corp. owns a profit in gross - and cannot transfer this right to another
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


27. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
who has been using it first or filed for it first
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
secondary meaning
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


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

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29. What are the requirements for making a gift an effective transfer of ownership?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
classic stone corp. owns a profit in gross - and cannot transfer this right to another
intent - delivery - acceptance
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


30. 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
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


31. Americans with disabilities act accomplishes what?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
No - but if they find any other reason - like you have been late often than you'll probably get fired
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


32. Is it a fixture?
used by members of a cooperative organization to certify the quality of service or product
No - but if they find any other reason - like you have been late often than you'll probably get fired
intent when attached and will item be damaged because of removal? hard to determine
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


33. How can you come to possess land through adverse possession?
prohibits excessive bail and fines - cruel and unusual punishment
10 years and it is renewable
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


34. 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.
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
secondary meaning
10 years and it is renewable


35. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
criminal defense stating that a crime was necessary in preventing an even greater crime


36. Constructive bailments are?

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37. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


38. How is the right to use a trademark determined?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
who has been using it first or filed for it first
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


39. What is the determining issue when proving entrapment?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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


40. How are trade secrets treated and protected?
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
owners of secret must try and protect - destroy 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
intent - delivery - acceptance


41. Embezzlement
probable cause
first person to invent not file for patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
fraudulent miss-use of funds that have been entrusted to them


42. Strong Marks Case Example

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43. What kind of mistake can be used as criminal defense?
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
generally the use of a software to perform a job or deliver product
mistake of fact
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


44. Generic terms can never have?
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
secondary meaning
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


45. 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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
this for that - sexual favors - general conduct however one incident is not enough


46. What composes RICO?
cannot be tried again - no appeal
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


47. 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
No - they are considered to be goods and is governed by the uniform commercial code
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


48. What is a license considered to be in real property law?
can appeal - subject to new trial
signed by hundreds of countries that establishes standards for the international protection of intellectual property
secondary meaning
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


49. Example of an exception to the at will doctrine based on contract theory
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
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


50. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent - delivery - acceptance
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
prohibits excessive bail and fines - cruel and unusual punishment