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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. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
it rewards citizens for putting land to good use rather than just sitting on expanses of property
reverse engineer - go through garbage..
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

2. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
ownership rights to property
intent - delivery - acceptance
entry of a plea - guilty/ not guilty

3. What is a license considered to be in real property law?
novel - useful - non obvious
owner of premise where it was found - after good title is acquired
mistake of fact
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

4. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
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
secondary meaning
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

5. Patents allow for the owner to?
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
prohibits excessive bail and fines - cruel and unusual punishment
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

6. What is a warranty deed?
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
entry of a plea - guilty/ not guilty
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

7. What is an implied warranty of habitability?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
classic stone corp. owns a profit in gross - and cannot transfer this right to another

8. What protection does the 8th amendment provide?
work for a company with more than 50 employees - employed for a year - and must try to give notice
prohibits excessive bail and fines - cruel and unusual punishment
10 year period renewable
the right to enter onto another persons property with the intentions of removing something valuable

9. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
intent when attached and will item be damaged because of removal? hard to determine
the property that is burdened by a profit
first person to invent not file for patent

10. How can you come to possess land through adverse possession?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
property of one person rightfully in possession of another - custody
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
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

11. Commercial bribery example
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
offering someone who works at a different firm money for their trade secrets
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
any party can terminate an employment arrangement at anytime no questions asked

12. Napster example?
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

13. Money laundering
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
a warranty that the buyer will not be disturbed in their possession of the land
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
process of hiding the source of illegally acquired funds

14. Mail fraud act example senator?
agreement permitting use of a trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
entry of a plea - guilty/ not guilty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

15. What are the requirements for adverse possession to be recognized?
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
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
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

16. What terminates an easement?
key words of a website that are used for search engines
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
any party can terminate an employment arrangement at anytime no questions asked
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

17. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
mental state or intent part 2 of 2 for determining criminal liability
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
reverse engineer - go through garbage..

18. Generic terms can never have?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning
given exclusive possession and control over property - and knowingly accept responsibility
test is originality - lasts life of creator - protection is automatic

19. 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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mental state or intent part 2 of 2 for determining criminal liability

20. Patent Requirements
conditional gifts that are only accepted upon the performance of marriage
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
No - they are considered to be goods and is governed by the uniform commercial code
novel - useful - non obvious

21. License in trademark law?
agreement permitting use of a trademark
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
used by members of a cooperative organization to certify the quality of service or product

22. What are the requirements for making a gift an effective transfer of ownership?
property of one person rightfully in possession of another - custody
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
sufficient evidence
intent - delivery - acceptance

23. In order to prove discrimination in hiring one has to prove?
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 appeal - subject to new trial
a deed that transfers interest in a life estate from one to another
the property that will benefit from a profit

24. 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
key words of a website that are used for search engines
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
race - sex - national origin - color - religion

25. What composes RICO?
entry of a plea - guilty/ not guilty
sally would possess an easement in this case - the right to travel across property owner peter's land
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
the property that will benefit from a profit

26. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

27. When property is found who gets property when it was abondoned?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property
reverse engineer - go through garbage..
finder after obtaining a title

28. Arraignment is what?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
intent - delivery - acceptance
entry of a plea - guilty/ not guilty
10 years and it is renewable

29. Indictment requires
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
sufficient evidence
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sally would possess an easement in this case - the right to travel across property owner peter's land

30. Collective mark
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
used by members of a cooperative organization to certify the quality of service or product
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. Counterfeiting example? regarding punishment
agreement permitting use of a trademark
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
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
ownership rights to property

32. Special Bailments
probable cause
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
criminal defense stating that a crime was necessary in preventing an even greater crime

33. Bailments are?
property of one person rightfully in possession of another - custody
work for a company with more than 50 employees - employed for a year - and must try to give notice
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
obtaining ownership by living on anothers property

34. Members of the TRIPS agreement cannot do what?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
members cannot give nationals favorable treatment
arises when customers begin to associate a specific term or phrase with specific trademarked items

35. How long is a copyright protected? for a corporation?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

36. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
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
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
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

37. In real property law who is considered to be the servient estate?
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
the property that is burdened by a profit
document by which title to property is passed
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

38. When property is found that was mislaid who owns it?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
owner of premise where it was found - after good title is acquired
reverse engineer - go through garbage..

39. Sambucks vs. starbucks
agreement permitting use of a trademark
allows for use of copyrighted material under certain guidelines
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

40. What is secondary meaning?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
arises when customers begin to associate a specific term or phrase with specific trademarked items
10 years and it is renewable

41. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
birth - child placement - employee health - care for spouse - child - or parent - military duty
any party can terminate an employment arrangement at anytime no questions asked
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

42. Arrest requires
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
probable cause
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
No - property gifts are common

43. What is the result of a mistrial or a hung jury?
a warranty that the buyer will not be disturbed in their possession of the land
owners of secret must try and protect - destroy garbage
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
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

44. Fair use doctrine
record of such condition - being regarded as actually having a condition
allows for use of copyrighted material under certain guidelines
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

45. Larceny
No - they are considered to be goods and is governed by the uniform commercial code
taking property away from the owner with the intent of permanently removing them of ownership
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel

46. Possible ruling interpretations for accession cases
distinctive decor - menu - style - service of an offering
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
No - they are considered to be goods and is governed by the uniform commercial code
the property that is burdened by a profit

47. Can you be fired for whistle blowing?

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48. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
test is originality - lasts life of creator - protection is automatic

49. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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

50. What could be considered as sexual harassment in the work place
conditional gifts that are only accepted upon the performance of marriage
hours of employment - conditions - age of workers
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
this for that - sexual favors - general conduct however one incident is not enough