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?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
breaking into a residence with the intent of performing a felony. this is a crime against property.
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


2. What determines likeliness of confusion?
secondary meaning
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


3. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
secondary meaning


4. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
No - property gifts are common


5. Tenancy in common
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
generally the use of a software to perform a job or deliver product
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


6. Duress criminal defense
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.
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
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


7. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
another persons right to make limited use of another persons real property without taking anything away from the property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


8. George V restauration s.a. V. Little Rest Twelve licensing case example

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9. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
race - sex - national origin - color - religion
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


10. Requirements of a bailement
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
given exclusive possession and control over property - and knowingly accept responsibility
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


11. Bailments are?
probable cause
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
property of one person rightfully in possession of another - custody
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


12. Roman Catholic Church V. Prince Reality Management regarding a license?
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
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
distinctive decor - menu - style - service of an offering
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


13. What is not copyrightable?
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
20 years from filing
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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


14. What conditions are covered by the family medical leave act?
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


15. Difference between joint tenancy and tenancy in common?
criticism - use in satire - news report - use to educate
crops is considered to be real property and should be considered in the sale of such property.
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


16. Employers should handle hostile environments regarding protected members of title 7 by?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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. Estray statutes encourage what?
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


18. The EEOC requires that victims do what before they hold employers liable?
given exclusive possession and control over property - and knowingly accept responsibility
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


19. In the united states who gets the patent if there is a conflict?
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
10 year period renewable
first person to invent not file for patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


20. Trademark dilution
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
process of hiding the source of illegally acquired funds
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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


21. Meta tags
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
key words of a website that are used for search engines
the right to enter onto another persons property with the intentions of removing something valuable


22. Patent Requirements
novel - useful - non obvious
10 years and it is renewable
test is originality - lasts life of creator - protection is automatic
intent - delivery - acceptance


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

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24. Certification mark
work for a company with more than 50 employees - employed for a year - and must try to give notice
who has been using it first or filed for it first
can appeal - subject to new trial
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


25. Mistake of fact criminal defense example

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26. Constructive bailments are?

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27. Copyright requirements
test is originality - lasts life of creator - protection is automatic
who has been using it first or filed for it first
key words of a website that are used for search engines
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


28. What is a conveyance?
a deed that transfers interest in a life estate from one to another
the right to enter onto another persons property with the intentions of removing something valuable
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


29. Discrimination during the hiring process is acceptable when?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


30. Dominion
the right to enter onto another persons property with the intentions of removing something valuable
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
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
ownership rights to property


31. Meta tag example about terri welles
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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 appeal - subject to new trial


32. License in trademark law?
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
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
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
agreement permitting use of a trademark


33. Mislaid property
voluntarily parted with at the time - but then later tries to find it
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
this for that - sexual favors - general conduct however one incident is not enough
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


34. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
must effectively try to acquire protection as well as keep the secret
multiple owners of real or personal property
the right to enter onto another persons property with the intentions of removing something valuable


35. Arrest requires
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
first person to invent not file for patent
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


36. Are commercial flights permitted to fly over private property?
generally the use of a software to perform a job or deliver 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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
record of such condition - being regarded as actually having a condition


37. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


38. Members of the TRIPS agreement cannot do what?
allows for use of copyrighted material under certain guidelines
the right to enter onto another persons property with the intentions of removing something valuable
members cannot give nationals favorable treatment
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


39. Purpose of criminal penalties?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
secondary meaning
can appeal - subject to new trial


40. Fair use is limited to?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
ownership rights to property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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


41. Age discrimination achieves what?
the property that is burdened by a profit
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
this for that - sexual favors - general conduct however one incident is not enough
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


42. What is retaliatory discharge?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
No - property gifts are common
process of hiding the source of illegally acquired funds


43. Embezzlement
breaking into a residence with the intent of performing a felony. this is a crime against property.
record of such condition - being regarded as actually having a condition
the property that will benefit from a profit
fraudulent miss-use of funds that have been entrusted to them


44. Indictment requires
sufficient evidence
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
No - property gifts are common
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


45. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
classic stone corp. owns a profit in gross - and cannot transfer this right to another
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


46. When property is found that was mislaid who owns it?
agreement permitting use of a trademark
owner of premise where it was found - after good title is acquired
a physical or mental impairment that substantially limits one or more major life activities
intent when attached and will item be damaged because of removal? hard to determine


47. Secondary Meaning Example frosty treats
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


48. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
court held that frosty treats is a descriptive term and unless the company could prove that consumers had developed a secondary meaning that they could not sue the video game
a warranty that the buyer will not be disturbed in their possession of the land
voluntarily parted with at the time - but then later tries to find it


49. Can you be fired for whistle blowing?

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50. Special Bailments
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses