Test your basic knowledge |

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. Constructive bailments are?

2. Bailments are?
property of one person rightfully in possession of another - custody
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
race - sex - national origin - color - religion
classic stone corp. owns a profit in gross - and cannot transfer this right to another

3. Adverse possession
obtaining ownership by living on anothers property
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

4. Concurrent ownership
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sexual harassment is protected under title 7 because it effects genders differently in the workplace
key words of a website that are used for search engines
multiple owners of real or personal property

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

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

7. The Berne Convention
document by which title to property is passed
used by members of a cooperative organization to certify the quality of service or product
intent when attached and will item be damaged because of removal? hard to determine
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

8. Special Bailments
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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

9. Trademark dilution
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
offering someone who works at a different firm money for their trade secrets
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

10. Service mark
conditional gifts that are only accepted upon the performance of marriage
10 year period renewable
birth - child placement - employee health - care for spouse - child - or parent - military duty
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

11. What is a Deed
document by which title to property is passed
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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 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

12. 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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

13. The WARN act calls for what?
taking property away from the owner with the intent of permanently removing them of ownership
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
probable cause

14. Commercial bribery example
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
offering someone who works at a different firm money for their trade secrets
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

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

16. What is a job offer?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
the corporation could have prevented such acts

17. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

18. What are strong Marks?
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
owners of secret must try and protect - destroy garbage

19. Sambucks vs. starbucks
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+
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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

20. The EEOC requires that victims do what before they hold employers liable?
intent when attached and will item be damaged because of removal? hard to determine
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

21. EEOC is responsible for doing 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
20 years from filing
sally would possess an easement in this case - the right to travel across property owner peter's land
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

22. Patents allow for the owner to?
a prohibited act. performance of such act is 1 part 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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

23. What is a warranty deed?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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.
reverse engineer - go through garbage..

24. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
treble damages
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
a physical or mental impairment that substantially limits one or more major life activities

25. Engagement rings are considered to be?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
this for that - sexual favors - general conduct however one incident is not enough
conditional gifts that are only accepted upon the performance of marriage

26. Patent Requirements
novel - useful - non obvious
taking property away from the owner with the intent of permanently removing them of ownership
allows for use of copyrighted material under certain guidelines
a physical or mental impairment that substantially limits one or more major life activities

27. Examples of collective marks
a deed that transfers interest in a life estate from one to another
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
prohibits excessive bail and fines - cruel and unusual punishment

28. Workers comp and negligence

29. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
10 year period renewable
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

30. Napster example?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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

31. 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?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the property that is burdened by a profit
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

32. Outcome of unanimous not guilty?
any party can terminate an employment arrangement at anytime no questions asked
generally the use of a software to perform a job or deliver product
cannot be tried again - no appeal
record of such condition - being regarded as actually having a condition

33. Roman Catholic Church V. Prince Reality Management regarding a license?
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
allows for use of copyrighted material under certain guidelines
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
race - sex - national origin - color - religion

34. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
owner of premise where it was found - after good title is acquired
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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

35. Are compilation of facts copyrightable? case example
No - they are considered to be goods and is governed by the uniform commercial code
the property that is burdened by a profit
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

36. Remedies for patent infringement
treble damages
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
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
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

37. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
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
secondary meaning

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

39. Employers should handle hostile environments regarding protected members of title 7 by?
No - but if they find any other reason - like you have been late often than you'll probably get fired
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

40. How is the right to use a trademark determined?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
who has been using it first or filed for it first
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

41. What is the result of a mistrial or a hung jury?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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

42. Reverse discrimination example firefighters
test is originality - lasts life of creator - protection is automatic
race - sex - national origin - color - religion
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
allows for use of copyrighted material under certain guidelines

43. 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?

44. Cybersquatting
sufficient evidence
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
crops is considered to be real property and should be considered in the sale of such property.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

45. Are commercial flights permitted to fly over private property?
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
offering someone who works at a different firm money for their trade secrets
key words of a website that are used for search engines
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

46. Mail fraud act example senator?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
crops is considered to be real property and should be considered in the sale of such property.

47. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
intent - delivery - acceptance
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
multiple owners of real or personal property

48. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
key words of a website that are used for search engines
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

49. What happens when land is sold that is growing crops?
mental state or intent part 2 of 2 for determining criminal liability
work for a company with more than 50 employees - employed for a year - and must try to give notice
crops is considered to be real property and should be considered in the sale of such property.
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. Possible ruling interpretations for accession cases
criticism - use in satire - news report - use to educate
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
novel - useful - non obvious
document by which title to property is passed