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. Discrimination during the hiring process is acceptable when?
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


2. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
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 physical or mental impairment that substantially limits one or more major life activities
another persons right to make limited use of another persons real property without taking anything away from the property


3. What is a conveyance?
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
a deed that transfers interest in a life estate from one to another
secondary meaning


4. Age discrimination achieves what?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
sexual harassment is protected under title 7 because it effects genders differently in the workplace
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


5. Do Deeds require consideration to be valid?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
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
No - property gifts are common


6. How is the right to use a trademark determined?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
who has been using it first or filed for it first


7. Duress criminal defense
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


8. What is a license considered to be in real property law?
novel - useful - non obvious
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


9. Fair labor standards act covers issues such as?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
hours of employment - conditions - age of workers
offering someone who works at a different firm money for their trade secrets


10. Money laundering
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
work for a company with more than 50 employees - employed for a year - and must try to give notice
process of hiding the source of illegally acquired funds
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


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

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12. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
cannot be tried again - no appeal
a physical or mental impairment that substantially limits one or more major life activities
finder after obtaining a title


13. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
sexual harassment is protected under title 7 because it effects genders differently in the workplace


14. Copyright requirements
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
race - sex - national origin - color - religion
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
test is originality - lasts life of creator - protection is automatic


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


16. Meta tags
key words of a website that are used for search engines
No - but if they find any other reason - like you have been late often than you'll probably get fired
must effectively try to acquire protection as well as keep the secret
the right to enter onto another persons property with the intentions of removing something valuable


17. 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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18. Employers should handle hostile environments regarding protected members of title 7 by?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
key words of a website that are used for search engines
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


19. The madrid protocol accomplishes what?
intent when attached and will item be damaged because of removal? hard to determine
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
must effectively try to acquire protection as well as keep the secret
streamlines and standardizes the processes for applying for a trademark abroad


20. Sexual harassment is treated as what?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
sexual harassment is protected under title 7 because it effects genders differently in the workplace
distinctive decor - menu - style - service of an offering
mistake of fact


21. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
probable cause
reverse engineer - go through garbage..


22. License in trademark law?
agreement permitting use of a trademark
a warranty that the buyer will not be disturbed in their possession of the land
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


23. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
obtaining ownership by living on anothers property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


24. Is it a fixture?
it is a federal crime to use the us postal service to defraud others on false pretenses
signed by hundreds of countries that establishes standards for the international protection of intellectual property
intent when attached and will item be damaged because of removal? hard to determine
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


25. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
arises when customers begin to associate a specific term or phrase with specific trademarked items
must effectively try to acquire protection as well as keep the secret
mental state or intent part 2 of 2 for determining criminal liability


26. Roman Catholic Church V. Prince Reality Management regarding a license?
given exclusive possession and control over property - and knowingly accept responsibility
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
sexual harassment is protected under title 7 because it effects genders differently in the workplace


27. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
must effectively try to acquire protection as well as keep the secret
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
No - they are considered to be goods and is governed by the uniform commercial code


28. Are commercial flights permitted to fly over private property?
the corporation could have prevented such acts
No - property gifts are common
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


29. Joint tenancy
work for a company with more than 50 employees - employed for a year - and must try to give notice
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 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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


30. Adverse possession
criticism - use in satire - news report - use to educate
obtaining ownership by living on anothers property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
generally the use of a software to perform a job or deliver product


31. Arraignment is what?
entry of a plea - guilty/ not guilty
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
who has been using it first or filed for it first


32. What are the requirements for making a gift an effective transfer of ownership?
it is a federal crime to use the us postal service to defraud others on false pretenses
secondary meaning
intent - delivery - acceptance
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


33. Difference between joint tenancy and tenancy in common?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
criminal defense stating that a crime was necessary in preventing an even greater crime


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

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35. What composes RICO?
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
document by which title to property is passed
secondary meaning
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


36. Constructive bailments are?

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37. How are trade secrets treated and protected?
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
owners of secret must try and protect - destroy garbage
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
mental state or intent part 2 of 2 for determining criminal liability


38. Necessity defense
secondary meaning
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
criminal defense stating that a crime was necessary in preventing an even greater crime


39. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
a warranty that the buyer will not be disturbed in their possession of the land
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
key words of a website that are used for search engines


40. Mail fraud act example senator?
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


41. What is an easement by prescription?
mental state or intent part 2 of 2 for determining criminal liability
20 years from filing
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


42. Arrest requires
sufficient evidence
probable cause
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
novel - useful - non obvious


43. Mistake of fact criminal defense example

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44. What is an implied warranty of habitability?
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
sufficient evidence
hours of employment - conditions - age of workers
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


45. 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
another persons right to make limited use of another persons real property without taking anything away from the property
criminal defense stating that a crime was necessary in preventing an even greater crime
it rewards citizens for putting land to good use rather than just sitting on expanses of property


46. Facts to be used in the fair use standard 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
this for that - sexual favors - general conduct however one incident is not enough
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


47. Determining disability regarding with and without equipment?
the corporation could have prevented such acts
key words of a website that are used for search engines
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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


48. Larceny
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
taking property away from the owner with the intent of permanently removing them of ownership
streamlines and standardizes the processes for applying for a trademark abroad
obtaining ownership by living on anothers property


49. What is a warranty deed?
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
a physical or mental impairment that substantially limits one or more major life activities
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
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


50. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
used by members of a cooperative organization to certify the quality of service or product
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution