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. Arraignment is what?
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
entry of a plea - guilty/ not guilty
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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.


2. Tenancy in common
it rewards citizens for putting land to good use rather than just sitting on expanses of property
No - they are considered to be goods and is governed by the uniform commercial code
No - property gifts are common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


3. Trademark dilution
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
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


4. 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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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


5. Larceny
the corporation could have prevented such acts
secondary meaning
taking property away from the owner with the intent of permanently removing them of ownership
multiple owners of real or personal property


6. What must a deed possess to be valid?

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7. Can you be fired for whistle blowing?

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8. Trademarks are good for? are they renewable
finder after obtaining a title
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
10 year period renewable


9. Significance of coca-cola V. koke Co of America
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


10. What is a warranty deed?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
No - they are considered to be goods and is governed by the uniform commercial code
allows for use of copyrighted material under certain guidelines


11. Estray statutes encourage what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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


12. Mens Rea
members cannot give nationals favorable treatment
mental state or intent part 2 of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee


13. Age discrimination achieves what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
10 years and it is renewable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


14. Example of an exception to the at will doctrine based on tort theory
taking property away from the owner with the intent of permanently removing them of ownership
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
record of such condition - being regarded as actually having a condition
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee


15. Service mark
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


16. Workers comp and negligence

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17. Drake V. Walton County regarding the county taking property
first person to invent not file for patent
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
any party can terminate an employment arrangement at anytime no questions asked
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.


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

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19. What protection does the 8th amendment provide?
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
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


20. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
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
streamlines and standardizes the processes for applying for a trademark abroad
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


21. Secondary Meaning Example frosty treats
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 are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
members cannot give nationals favorable treatment


22. 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
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
who has been using it first or filed for it first
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


23. When property is found that was mislaid who owns it?
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
fraudulent miss-use of funds that have been entrusted to them
owner of premise where it was found - after good title is acquired
prohibits excessive bail and fines - cruel and unusual punishment


24. What is protected expression?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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


25. What is a profit under real property law?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
this for that - sexual favors - general conduct however one incident is not enough
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
the right to enter onto another persons property with the intentions of removing something valuable


26. Remedies for patent infringement
conditional gifts that are only accepted upon the performance of marriage
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
owners of secret must try and protect - destroy garbage
novel - useful - non obvious


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

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28. Fair use is limited to?
finder after obtaining a title
secondary meaning
treble damages
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


29. What is the difference between real and personal property?
taking property away from the owner with the intent of permanently removing them of ownership
mental state or intent part 2 of 2 for determining criminal liability
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the property that will benefit from a profit


30. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
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
intent when attached and will item be damaged because of removal? hard to determine
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


31. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
offering someone who works at a different firm money for their trade secrets


32. 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
No - property gifts are common
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


33. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
10 year period renewable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
secondary meaning


34. Mislaid property
voluntarily parted with at the time - but then later tries to find it
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


35. Candyland 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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


36. Responsible corporate officer doctrine?
process of hiding the source of illegally acquired funds
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
reverse engineer - go through garbage..
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


37. What is an easement by implication?
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
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
finder after obtaining a title


38. Determining disability regarding with and without equipment?
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 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
if an employee is lead to believe he is offered a long term job with a thriving business - but in reality that company is struggling financially and is about to perform a merger that will get rid of the position for that employee - than this employee
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


39. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
criticism - use in satire - news report - use to educate
record of such condition - being regarded as actually having a condition


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

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41. Arrest requires
taking property away from the owner with the intent of permanently removing them of ownership
owner of premise where it was found - after good title is acquired
probable cause
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


42. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


43. Collective mark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
used by members of a cooperative organization to certify the quality of service or product
owner of premise where it was found - after good title is acquired
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


44. What is the result of a mistrial or a hung jury?
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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


45. 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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46. Patents allow for the owner to?
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


47. In order to receive protection under the family medical leave act - one must?
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
entry of a plea - guilty/ not guilty
10 years and it is renewable
work for a company with more than 50 employees - employed for a year - and must try to give notice


48. What is a covenant of quiet enjoyment?
another persons right to make limited use of another persons real property without taking anything away from the property
a warranty that the buyer will not be disturbed in their possession of the land
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
reverse engineer - go through garbage..


49. 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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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


50. Sexual harassment is treated as what?
obtaining ownership by living on anothers property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel