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

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2. Special Bailments
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
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


3. What must a deed possess to be valid?

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4. Generic terms can never have?
secondary meaning
generally the use of a software to perform a job or deliver product
a physical or mental impairment that substantially limits one or more major life activities
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


5. How is the right to use a trademark determined?
who has been using it first or filed for it first
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


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

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7. Difference between joint tenancy and tenancy in common?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
multiple owners of real or personal property
another persons right to make limited use of another persons real property without taking anything away from the property


8. Meta tag example about terri welles
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
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
any party can terminate an employment arrangement at anytime no questions asked


9. Employers should handle hostile environments regarding protected members of title 7 by?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
test is originality - lasts life of creator - protection is automatic
mental state or intent part 2 of 2 for determining criminal liability


10. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning
birth - child placement - employee health - care for spouse - child - or parent - military duty
owner of premise where it was found - after good title is acquired


11. Determining disability regarding with and without equipment?
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
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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


12. Steps to determining trademark infringement?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
arises when customers begin to associate a specific term or phrase with specific trademarked items


13. Mail Fraud Act of 1990 is what?
entry of a plea - guilty/ not guilty
it is a federal crime to use the us postal service to defraud others on false pretenses
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


14. Title VII prevents discrimination in?

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15. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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


16. Tenancy in common
novel - useful - non obvious
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


17. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
record of such condition - being regarded as actually having a condition
classic stone corp. owns a profit in gross - and cannot transfer this right to another


18. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
birth - child placement - employee health - care for spouse - child - or parent - military duty


19. Mislaid property
ownership rights to property
a physical or mental impairment that substantially limits one or more major life activities
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
voluntarily parted with at the time - but then later tries to find it


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

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21. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
signed by hundreds of countries that establishes standards for the international protection of intellectual property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


22. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
classic stone corp. owns a profit in gross - and cannot transfer this right to another
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
it is a federal crime to use the us postal service to defraud others on false pretenses


23. Are commercial flights permitted to fly over private property?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
obtaining ownership by living on anothers property
the property that is burdened by a profit


24. The Berne Convention
birth - child placement - employee health - care for spouse - child - or parent - military duty
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
finder after obtaining a title


25. Are crops real property when they are sold?
allows for use of copyrighted material under certain guidelines
No - they are considered to be goods and is governed by the uniform commercial code
hours of employment - conditions - age of workers
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


26. In the united states who gets the patent if there is a conflict?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
first person to invent not file for patent
key words of a website that are used for search engines
must effectively try to acquire protection as well as keep the secret


27. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
entry of a plea - guilty/ not guilty
work for a company with more than 50 employees - employed for a year - and must try to give notice
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


28. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
owner of premise where it was found - after good title is acquired


29. Mistake of fact criminal defense example

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30. Country club case
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the corporation could have prevented such acts
allows for use of copyrighted material under certain guidelines
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


31. How can you come to possess land through adverse possession?
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
secondary meaning
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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


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

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33. Significance of coca-cola V. koke Co of America
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
10 years and it is renewable
multiple owners of real or personal property


34. What conditions are covered by the family medical leave act?
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
streamlines and standardizes the processes for applying for a trademark abroad
birth - child placement - employee health - care for spouse - child - or parent - military duty


35. The EEOC requires that victims do what before they hold employers liable?
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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


36. Facts to be used in the fair use standard are?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


37. Dominion
10 year period renewable
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
20 years from filing
ownership rights to property


38. Strong Marks Case Example

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39. What is not copyrightable?
a physical or mental impairment that substantially limits one or more major life activities
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


40. Arraignment is what?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
entry of a plea - guilty/ not guilty
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
multiple owners of real or personal property


41. Members of the TRIPS agreement cannot do what?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
criminal defense stating that a crime was necessary in preventing an even greater crime
intent when attached and will item be damaged because of removal? hard to determine
members cannot give nationals favorable treatment


42. Robbery
allows for use of copyrighted material under certain guidelines
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
agreement permitting use of a trademark
the right to enter onto another persons property with the intentions of removing something valuable


43. Engagement rings are considered to be?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
No - but if they find any other reason - like you have been late often than you'll probably get fired
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
conditional gifts that are only accepted upon the performance of marriage


44. In real property law who is considered to be the servient estate?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
hours of employment - conditions - age of workers
the property that is burdened by a profit
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


45. Counterfeiting example? regarding punishment
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
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
prohibits excessive bail and fines - cruel and unusual punishment


46. Title VII protected categories?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
race - sex - national origin - color - religion


47. What uses fall under the fair use doctrine?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
criticism - use in satire - news report - use to educate


48. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 years and it is renewable


49. When property is found who gets property when it was abondoned?
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
finder after obtaining a title
the property that will benefit from a profit
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


50. Drake V. Walton County regarding the county taking property
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.
ownership rights to property
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 property that will benefit from a profit