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. Outcome of unanimous not guilty?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the property that will benefit from a profit
cannot be tried again - no appeal


2. In order to prove discrimination in hiring one has to prove?
offering someone who works at a different firm money for their trade secrets
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
used by members of a cooperative organization to certify the quality of service or product
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


3. Employers should handle hostile environments regarding protected members of title 7 by?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
cannot be tried again - no appeal
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


4. Meta tags
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
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
key words of a website that are used for search engines
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


5. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
offering someone who works at a different firm money for their trade secrets
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


6. How long are patents protected?
20 years from filing
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
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


7. What could be considered as sexual harassment in the work place
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
sally would possess an easement in this case - the right to travel across property owner peter's land
race - sex - national origin - color - religion
this for that - sexual favors - general conduct however one incident is not enough


8. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
a deed that transfers interest in a life estate from one to another
treble damages
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


9. Tenancy by the entirety - or community ownership
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
can 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
if someone tries to patent a rulebook to a known game that is public domain - there is nothing unique about it - the rules are known writing them out isn't any different than the idea


10. Bailments are?
property of one person rightfully in possession of another - custody
fraudulent miss-use of funds that have been entrusted to them
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


11. In order to receive protection under the family medical leave act - one must?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
the right to enter onto another persons property with the intentions of removing something valuable
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


12. How long is a copyright protected? for a corporation?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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


13. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
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
conditional gifts that are only accepted upon the performance of marriage
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


14. What is a profit under real property law?
who has been using it first or filed for it first
streamlines and standardizes the processes for applying for a trademark abroad
the right to enter onto another persons property with the intentions of removing something valuable
probable cause


15. In the united states who gets the patent if there is a conflict?
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
first person to invent not file for patent
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
race - sex - national origin - color - religion


16. Robbery
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


17. Collective mark
can appeal - subject to new trial
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
used by members of a cooperative organization to certify the quality of service or product
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


18. What is protected expression?
birth - child placement - employee health - care for spouse - child - or parent - military duty
process of hiding the source of illegally acquired funds
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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


19. What are the requirements for making a gift an effective transfer of ownership?
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
first person to invent not file for patent
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
intent - delivery - acceptance


20. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
mistake of fact


21. What determines likeliness of confusion?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
record of such condition - being regarded as actually having a condition
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


22. Responsible corporate officer doctrine?
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


23. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


24. KSR Internation V. Teleflex INC. regarding what is patentable?

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25. Indictment requires
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
race - sex - national origin - color - religion
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
sufficient evidence


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

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27. What are some criminal defenses
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
a warranty that the buyer will not be disturbed in their possession of the land
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


28. Fair labor standards act covers issues such as?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
owners of secret must try and protect - destroy garbage
the property that is burdened by a profit
hours of employment - conditions - age of workers


29. Triple amount of damages definition
criticism - use in satire - news report - use to educate
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
treble damages


30. 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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31. Can you be fired for whistle blowing?

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32. TRIPS agreement
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
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
first person to invent not file for patent
signed by hundreds of countries that establishes standards for the international protection of intellectual property


33. The WARN act calls for what?
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
the property that is burdened by a profit
No - they are considered to be goods and is governed by the uniform commercial code
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


34. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
hours of employment - conditions - age of workers


35. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
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
distinctive decor - menu - style - service of an offering
criticism - use in satire - news report - use to educate


36. What is a covenant of quiet enjoyment?
criticism - use in satire - news report - use to educate
a warranty that the buyer will not be disturbed in their possession of the land
can appeal - subject to new trial
No - property gifts are common


37. Do Deeds require consideration to be valid?
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
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
any party can terminate an employment arrangement at anytime no questions asked
No - property gifts are common


38. Members of the TRIPS agreement cannot do what?
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
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
distinctive decor - menu - style - service of an offering
members cannot give nationals favorable treatment


39. What must a deed possess to be valid?

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40. How is the right to use a trademark determined?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
voluntarily parted with at the time - but then later tries to find it


41. Business process patents involve?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
generally the use of a software to perform a job or deliver product
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


42. Mail Fraud Act of 1990 is what?
the corporation could have prevented such acts
ownership rights to property
it is a federal crime to use the us postal service to defraud others on false pretenses
it rewards citizens for putting land to good use rather than just sitting on expanses of property


43. Are compilation of facts copyrightable? case example
reverse engineer - go through garbage..
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
entry of a plea - guilty/ not guilty
any party can terminate an employment arrangement at anytime no questions asked


44. What is the difference between real and personal property?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


45. What composes RICO?
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
must effectively try to acquire protection as well as keep the secret
it is a federal crime to use the us postal service to defraud others on false pretenses


46. What are strong Marks?
property of one person rightfully in possession of another - custody
the property that is burdened by a profit
finder after obtaining a title
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


47. What is an easement by implication?
allows for use of copyrighted material under certain guidelines
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
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
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


48. Napster example?
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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


49. Outcome of a unanimous guilty verdict?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
test is originality - lasts life of creator - protection is automatic
can appeal - subject to new trial
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


50. Significance of coca-cola V. koke Co of America
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
key words of a website that are used for search engines
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
conditional gifts that are only accepted upon the performance of marriage