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 composes RICO?
mental state or intent part 2 of 2 for determining criminal liability
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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


2. Roman Catholic Church V. Prince Reality Management regarding a license?
who has been using it first or filed for it first
distinctive decor - menu - style - service of an offering
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


3. Trademarks are good for? are they renewable
can appeal - subject to new trial
used by members of a cooperative organization to certify the quality of service or product
10 year period renewable
novel - useful - non obvious


4. 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?
offering someone who works at a different firm money for their trade secrets
finder after obtaining a title
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


5. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
No - but if they find any other reason - like you have been late often than you'll probably get fired
probable cause
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


6. Constructive bailments are?

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7. Sambucks vs. starbucks
finder after obtaining a title
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
No - but if they find any other reason - like you have been late often than you'll probably get fired


8. Reasonable accommodation requirements by the ADA
fraudulent miss-use of funds that have been entrusted to them
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
used by members of a cooperative organization to certify the quality of service or product


9. Requirements of a bailement
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
voluntarily parted with at the time - but then later tries to find it
given exclusive possession and control over property - and knowingly accept responsibility
another persons right to make limited use of another persons real property without taking anything away from the property


10. Purpose of criminal penalties?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a physical or mental impairment that substantially limits one or more major life activities
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


11. What is an easement by implication?
entry of a plea - guilty/ not guilty
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
a deed that transfers interest in a life estate from one to another


12. Mislaid property
crops is considered to be real property and should be considered in the sale of such property.
the property that will benefit from a profit
voluntarily parted with at the time - but then later tries to find it
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


13. Mens Rea
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mental state or intent part 2 of 2 for determining criminal liability
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
test is originality - lasts life of creator - protection is automatic


14. Possible ruling interpretations for accession cases
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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


15. How can you come to possess land through adverse possession?
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
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.
another persons right to make limited use of another persons real property without taking anything away from the property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


16. Patent Requirements
property of one person rightfully in possession of another - custody
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
novel - useful - non obvious
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


17. Triple amount of damages definition
sally would possess an easement in this case - the right to travel across property owner peter's land
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
secondary meaning
treble damages


18. What is a Deed
entry of a plea - guilty/ not guilty
work for a company with more than 50 employees - employed for a year - and must try to give notice
another persons right to make limited use of another persons real property without taking anything away from the property
document by which title to property is passed


19. What is the result of a mistrial or a hung jury?
a new court case such as the first one never occured - state may not bring a re-trial against the defendant if too costy or evidence has been weakened
mistake of fact
any party can terminate an employment arrangement at anytime no questions asked
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


20. Counterfeiting example? regarding punishment
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
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
used by members of a cooperative organization to certify the quality of service or product
secondary meaning


21. Mail fraud act example senator?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


22. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
crops is considered to be real property and should be considered in the sale of such property.
process of hiding the source of illegally acquired funds
the corporation could have prevented such acts


23. Members of the TRIPS agreement cannot do what?
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
who has been using it first or filed for it first
members cannot give nationals favorable treatment
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


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

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25. How are trade secrets treated and protected?
the property that is burdened by a profit
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
owners of secret must try and protect - destroy garbage


26. Fair use doctrine
allows for use of copyrighted material under certain guidelines
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
No - they are considered to be goods and is governed by the uniform commercial code
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


27. What is an easement?
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
a deed that transfers interest in a life estate from one to another
another persons right to make limited use of another persons real property without taking anything away from the property
test is originality - lasts life of creator - protection is automatic


28. Title VII prevents discrimination in?

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29. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
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
this for that - sexual favors - general conduct however one incident is not enough
finder after obtaining a title


30. What is an implied warranty of habitability?
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
crops is considered to be real property and should be considered in the sale of such property.
secondary meaning
this is what most states enforce today - and it guarantees the buyer that the home is in reasonable living condition and the seller is liable for defects that are not declared


31. Can you be fired for whistle blowing?

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32. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
mistake of fact
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
secondary meaning


33. What is can be considered trade dress?
secondary meaning
distinctive decor - menu - style - service of an offering
cannot be tried again - no appeal
the property that is burdened by a profit


34. Discrimination during the hiring process is acceptable when?
agreement permitting use of a trademark
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
process of hiding the source of illegally acquired funds


35. EEOC is responsible for doing what?
owners of secret must try and protect - destroy garbage
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
secondary meaning


36. Mail Fraud Act of 1990 is what?
document by which title to property is passed
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it is a federal crime to use the us postal service to defraud others on false pretenses


37. Strong Marks Case Example

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38. Tenancy in common
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
a warranty that the buyer will not be disturbed in their possession of the land


39. Joint tenancy
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
conditional gifts that are only accepted upon the performance of marriage
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


40. Age discrimination achieves what?
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
the property that will benefit from a profit
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
it rewards citizens for putting land to good use rather than just sitting on expanses of property


41. 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?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
property of one person rightfully in possession of another - custody
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another


42. How is the right to use a trademark determined?
mistake of fact
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
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


43. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
prohibits excessive bail and fines - cruel and unusual punishment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


44. What is a profit under real property law?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
reverse engineer - go through garbage..
the right to enter onto another persons property with the intentions of removing something valuable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


45. 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
sally would possess an easement in this case - the right to travel across property owner peter's land
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


46. Service mark
it is a federal crime to use the us postal service to defraud others on false pretenses
hours of employment - conditions - age of workers
mistake of fact
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


47. What must a deed possess to be valid?

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48. Outcome of unanimous not guilty?
20 years from filing
novel - useful - non obvious
cannot be tried again - no appeal
given exclusive possession and control over property - and knowingly accept responsibility


49. Copyright requirements
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
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
test is originality - lasts life of creator - protection is automatic


50. Country club case
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
a physical or mental impairment that substantially limits one or more major life activities