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. Determining disability regarding with and without equipment?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


2. How can someone legally acquire trade secrets?
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
reverse engineer - go through garbage..
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
record of such condition - being regarded as actually having a condition


3. In real property law who is considered to be the dominant estate?
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
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
the property that will benefit from a profit


4. What is an easement?
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
this for that - sexual favors - general conduct however one incident is not enough
another persons right to make limited use of another persons real property without taking anything away from the property
property of one person rightfully in possession of another - custody


5. Are crops real property when they are sold?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
No - they are considered to be goods and is governed by the uniform commercial code
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


6. When property is found that was mislaid who owns it?
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
voluntarily parted with at the time - but then later tries to find it
owner of premise where it was found - after good title is acquired
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


7. What is an implied warranty of habitability?
work for a company with more than 50 employees - employed for a year - and must try to give notice
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
criminal defense stating that a crime was necessary in preventing an even greater crime


8. Trademarks are good for? are they renewable
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
10 year period renewable
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


9. Sambucks vs. starbucks
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
obtaining ownership by living on anothers property
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


10. Service mark
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses


11. 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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12. Workers comp and negligence

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13. Mistake of fact criminal defense example

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14. What could be considered as sexual harassment in the work place
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
this for that - sexual favors - general conduct however one incident is not enough
the property that is burdened by a profit


15. What is a license considered to be in real property law?
ownership rights to property
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


16. Steps to determining trademark infringement?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


17. Estray statutes encourage what?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


18. Special Bailments
a physical or mental impairment that substantially limits one or more major life activities
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
this for that - sexual favors - general conduct however one incident is not enough
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


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

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20. 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
fraudulent miss-use of funds that have been entrusted to them
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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. Example of how an idea can be inseparable from its expression

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22. Example of an exception to the at will doctrine based on contract theory
20 years from filing
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
No - property gifts are common


23. Adverse possession
record of such condition - being regarded as actually having a condition
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
obtaining ownership by living on anothers property


24. What is an easement by implication?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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 right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


25. In the united states who gets the patent if there is a conflict?
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
first person to invent not file for patent
test is originality - lasts life of creator - protection is automatic


26. What protection does the 8th amendment provide?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
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
prohibits excessive bail and fines - cruel and unusual punishment


27. Trademark dilution
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


28. Triple amount of damages definition
secondary meaning
a warranty that the buyer will not be disturbed in their possession of the land
treble damages
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


29. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
arises when customers begin to associate a specific term or phrase with specific trademarked items
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


30. What is the result of a mistrial or a hung jury?
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
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
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


31. Are compilation of facts copyrightable? case example
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
first person to invent not file for patent
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


32. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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


33. How long is a trademark protected? is it renewable
10 years and it is renewable
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
10 year period renewable
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


34. Difference between joint tenancy and tenancy in common?
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
owners of secret must try and protect - destroy garbage
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
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


35. Arraignment is what?
cannot be tried again - no appeal
this for that - sexual favors - general conduct however one incident is not enough
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
entry of a plea - guilty/ not guilty


36. Gold club corporate criminal liability example?
owners of secret must try and protect - destroy garbage
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


37. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
novel - useful - non obvious


38. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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


39. Purpose of criminal penalties?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


40. Tenancy in common
entry of a plea - guilty/ not guilty
distinctive decor - menu - style - service of an offering
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


41. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
probable cause
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


42. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
used by members of a cooperative organization to certify the quality of service or product
obtaining ownership by living on anothers property


43. How can you come to possess land through adverse possession?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


44. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
ownership rights to property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


45. Patents allow for the owner to?
20 years from filing
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
entry of a plea - guilty/ not guilty
owners of secret must try and protect - destroy garbage


46. Example of an exception to the at will doctrine based on tort theory
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
sufficient evidence
document by which title to property is passed
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


47. Fair use doctrine
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
intent when attached and will item be damaged because of removal? hard to determine
allows for use of copyrighted material under certain guidelines


48. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
treble damages
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
another persons right to make limited use of another persons real property without taking anything away from the property


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

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50. Title VII prevents discrimination in?

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