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Test your basic knowledge |
Business Law Yale
Start Test
Study First
Subjects
:
law
,
business-law
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. When property is found that was mislaid who owns it?
a physical or mental impairment that substantially limits one or more major life activities
arises when customers begin to associate a specific term or phrase with specific trademarked items
owner of premise where it was found - after good title is acquired
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
2. Reverse discrimination example firefighters
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
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
3. Fair labor standards act covers issues such as?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
probable cause
fraudulent miss-use of funds that have been entrusted to them
hours of employment - conditions - age of workers
4. Reasonable accommodation requirements by the ADA
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
obtaining ownership by living on anothers property
5. Are commercial flights permitted to fly over private property?
owner of premise where it was found - after good title is acquired
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
6. What is a warranty deed?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
20 years from filing
7. Mail fraud act example senator?
multiple owners of real or personal property
entry of a plea - guilty/ not guilty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
8. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
No - property gifts are common
another persons right to make limited use of another persons real property without taking anything away from the property
9. Cybersquatting
offering someone who works at a different firm money for their trade secrets
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
10. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
offering someone who works at a different firm money for their trade secrets
can appeal - subject to new trial
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
11. Counterfeiting example? regarding punishment
offering someone who works at a different firm money for their trade secrets
No - they are considered to be goods and is governed by the uniform commercial code
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
12. Larceny
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
taking property away from the owner with the intent of permanently removing them of ownership
13. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
this for that - sexual favors - general conduct however one incident is not enough
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
14. Business process patents involve?
prohibits excessive bail and fines - cruel and unusual punishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
10 year period renewable
generally the use of a software to perform a job or deliver product
15. 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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16. What is legally a disability?
work for a company with more than 50 employees - employed for a year - and must try to give notice
generally the use of a software to perform a job or deliver product
property of one person rightfully in possession of another - custody
a physical or mental impairment that substantially limits one or more major life activities
17. Examples of collective marks
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
treble damages
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
18. What composes an 'at will doctrine'
this for that - sexual favors - general conduct however one incident is not enough
any party can terminate an employment arrangement at anytime no questions asked
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
19. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
cannot be tried again - no appeal
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
20. Title VII prevents discrimination in?
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21. KSR Internation V. Teleflex INC. regarding what is patentable?
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22. Tenancy in common
crops is considered to be real property and should be considered in the sale of such property.
arises when customers begin to associate a specific term or phrase with specific trademarked items
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
23. What is an easement by implication?
probable cause
10 years and it is renewable
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
24. 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?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
25. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
probable cause
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
26. Embezzlement
10 years and it is renewable
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
cannot be tried again - no appeal
fraudulent miss-use of funds that have been entrusted to them
27. Attorney client privilege accomplishes what?
members cannot give nationals favorable treatment
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
probable cause
28. Example of how an idea can be inseparable from its expression
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29. Generic terms can never have?
secondary meaning
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
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
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
30. What is a conveyance?
first person to invent not file for patent
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
a deed that transfers interest in a life estate from one to another
31. Age discrimination achieves what?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
10 years and it is renewable
can appeal - subject to new trial
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
32. Duress criminal defense
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
test is originality - lasts life of creator - protection is automatic
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
33. Facts to be used in the fair use standard are?
mental state or intent part 2 of 2 for determining criminal liability
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
key words of a website that are used for search engines
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
34. Fair use is limited to?
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
35. Collective mark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used by members of a cooperative organization to certify the quality of service or product
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
36. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
37. Trademarks are good for? are they renewable
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
10 year period renewable
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
38. Fair use doctrine
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
No - they are considered to be goods and is governed by the uniform commercial code
allows for use of copyrighted material under certain guidelines
generally the use of a software to perform a job or deliver product
39. In order to prove discrimination in hiring one has to prove?
owner of premise where it was found - after good title is acquired
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
fraudulent miss-use of funds that have been entrusted to them
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
40. Meta tag example about terri welles
a deed that transfers interest in a life estate from one to another
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
fraudulent miss-use of funds that have been entrusted to them
secondary meaning
41. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
document by which title to property is passed
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
42. Country club case
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
voluntarily parted with at the time - but then later tries to find it
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
43. How long is a copyright protected? for a corporation?
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.
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
another persons right to make limited use of another persons real property without taking anything away from the property
44. What is the result of a mistrial or a hung jury?
prohibits excessive bail and fines - cruel and unusual punishment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
it is a federal crime to use the us postal service to defraud others on false pretenses
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. Patent Requirements
10 year period renewable
novel - useful - non obvious
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
probable cause
46. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
offering someone who works at a different firm money for their trade secrets
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
47. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
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
48. 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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
49. Purpose of criminal penalties?
property of one person rightfully in possession of another - custody
offering someone who works at a different firm money for their trade secrets
first person to invent not file for patent
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
50. Joint tenancy
given exclusive possession and control over property - and knowingly accept responsibility
probable cause
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
any party can terminate an employment arrangement at anytime no questions asked