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. In order to recieve protection what must one do?
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
first person to invent not file for patent
must effectively try to acquire protection as well as keep the secret


2. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
birth - child placement - employee health - care for spouse - child - or parent - military duty
work for a company with more than 50 employees - employed for a year - and must try to give notice
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


3. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
this for that - sexual favors - general conduct however one incident is not enough
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


4. Significance of coca-cola V. koke Co of America
No - property gifts are common
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
given exclusive possession and control over property - and knowingly accept responsibility
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


5. In order to prove discrimination in hiring one has to prove?
reverse engineer - go through garbage..
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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


6. What must a deed possess to be valid?

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7. The WARN act calls for what?
sally would possess an easement in this case - the right to travel across property owner peter's land
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 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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


8. Burglary
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
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
breaking into a residence with the intent of performing a felony. this is a crime against property.


9. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
the corporation could have prevented such acts
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


10. What is a covenant of quiet enjoyment?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
who has been using it first or filed for it first
a warranty that the buyer will not be disturbed in their possession of the land
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


11. Mislaid property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
criticism - use in satire - news report - use to educate
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
voluntarily parted with at the time - but then later tries to find it


12. Commercial bribery example
10 years and it is renewable
offering someone who works at a different firm money for their trade secrets
members cannot give nationals favorable treatment
a deed that transfers interest in a life estate from one to another


13. Arrest requires
the corporation could have prevented such acts
probable cause
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


14. What is the difference between real and personal property?
cannot be tried again - no appeal
reverse engineer - go through garbage..
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
arises when customers begin to associate a specific term or phrase with specific trademarked items


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

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16. What composes an 'at will doctrine'
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.
any party can terminate an employment arrangement at anytime no questions asked
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


17. How long is a trademark protected? is it renewable
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
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.
10 years and it is renewable
another persons right to make limited use of another persons real property without taking anything away from the property


18. 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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


19. How are trade secrets treated and protected?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
owners of secret must try and protect - destroy garbage
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


20. Possible ruling interpretations for accession cases
taking property away from the owner with the intent of permanently removing them of ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
another persons right to make limited use of another persons real property without taking anything away from the property


21. How long is a copyright protected? for a corporation?
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
used by members of a cooperative organization to certify the quality of service or product
key words of a website that are used for search engines
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


22. Reasonable accommodation requirements by the ADA
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally the use of a software to perform a job or deliver product
first person to invent not file for patent


23. What determines likeliness of confusion?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
treble damages


24. What kind of mistake can be used as criminal defense?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mistake of fact
the corporation could have prevented such acts
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


25. Secondary Meaning Example frosty treats
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


26. What is the result of a mistrial or a hung jury?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
generally the use of a software to perform a job or deliver product


27. 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
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
taking property away from the owner with the intent of permanently removing them of ownership
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


28. Napster example?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a deed that transfers interest in a life estate from one to another
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
the property that will benefit from a profit


29. Employers should handle hostile environments regarding protected members of title 7 by?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


30. Mistake of fact criminal defense example

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31. Workers comp and negligence

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32. Fair use is limited to?
arises when customers begin to associate a specific term or phrase with specific trademarked items
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
distinctive decor - menu - style - service of an offering
criminal defense stating that a crime was necessary in preventing an even greater crime


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

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34. In real property law who is considered to be the servient estate?
intent - delivery - acceptance
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
the property that is burdened by a profit
No - they are considered to be goods and is governed by the uniform commercial code


35. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
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
distinctive decor - menu - style - service of an offering
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


36. What are the requirements for adverse possession to be recognized?
sufficient evidence
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
10 year period renewable
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


37. How can you come to possess land through adverse possession?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
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
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


38. Meta tags
criminal defense stating that a crime was necessary in preventing an even greater crime
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
key words of a website that are used for search engines
the property that will benefit from a profit


39. What is Actus Reus
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 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
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


40. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
voluntarily parted with at the time - but then later tries to find it
the property that will benefit from a profit
No - property gifts are common


41. Example of an exception to the at will doctrine based on tort theory
the property that will benefit from a profit
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
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
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


42. Bailments are?
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
property of one person rightfully in possession of another - custody
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


43. The madrid protocol accomplishes 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
streamlines and standardizes the processes for applying for a trademark abroad
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


44. 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
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
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
multiple owners of real or personal property


45. Difference between joint tenancy and tenancy in common?
the property that will benefit from a profit
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
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 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


46. Mail fraud act example senator?
document by which title to property is passed
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
record of such condition - being regarded as actually having a condition
a deed that transfers interest in a life estate from one to another


47. Title VII prevents discrimination in?

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48. Concurrent ownership
multiple owners of real or personal property
who has been using it first or filed for it first
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
sally would possess an easement in this case - the right to travel across property owner peter's land


49. Trademarks are good for? are they renewable
10 year period renewable
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


50. Responsible corporate officer doctrine?
mental state or intent part 2 of 2 for determining criminal liability
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
race - sex - national origin - color - religion
criticism - use in satire - news report - use to educate