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. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
must effectively try to acquire protection as well as keep the secret


2. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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 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
sexual harassment is protected under title 7 because it effects genders differently in the workplace


3. What uses fall under the fair use doctrine?
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
criticism - use in satire - news report - use to educate
20 years from filing
sexual harassment is protected under title 7 because it effects genders differently in the workplace


4. What composes an 'at will doctrine'
multiple owners of real or personal property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
any party can terminate an employment arrangement at anytime no questions asked


5. Gold club corporate criminal liability example?
birth - child placement - employee health - care for spouse - child - or parent - military duty
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
fraudulent miss-use of funds that have been entrusted to them
criminal defense stating that a crime was necessary in preventing an even greater crime


6. Money laundering
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
entry of a plea - guilty/ not guilty
first person to invent not file for patent
process of hiding the source of illegally acquired funds


7. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


8. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
process of hiding the source of illegally acquired funds


9. Secondary Meaning Example frosty treats
distinctive decor - menu - style - service of an offering
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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. What terminates an easement?
first person to invent not file for patent
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


11. Embezzlement
reverse engineer - go through garbage..
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
fraudulent miss-use of funds that have been entrusted to them
the corporation could have prevented such acts


12. Concurrent ownership
probable cause
this for that - sexual favors - general conduct however one incident is not enough
multiple owners of real or personal 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


13. Mail fraud act example senator?
entry of a plea - guilty/ not guilty
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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


14. What is not copyrightable?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
who has been using it first or filed for it first


15. Steps to determining trademark infringement?
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
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
owners of secret must try and protect - destroy garbage
record of such condition - being regarded as actually having a condition


16. Arraignment is what?
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
entry of a plea - guilty/ not guilty
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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


17. Fair labor standards act covers issues such as?
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
hours of employment - conditions - age of workers
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


18. How long are patents protected?
No - property gifts are common
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
must effectively try to acquire protection as well as keep the secret
20 years from filing


19. Difference between joint tenancy and tenancy in common?
owners of secret must try and protect - destroy garbage
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
sally would possess an easement in this case - the right to travel across property owner peter's land


20. What composes RICO?
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
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.
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


21. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
taking property away from the owner with the intent of permanently removing them of ownership
the corporation could have prevented such acts
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
secondary meaning


22. When property is found who gets property when it was abondoned?
finder after obtaining a title
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


23. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
who has been using it first or filed for it first
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


24. What is a Deed
No - but if they find any other reason - like you have been late often than you'll probably get fired
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
document by which title to property is passed
it rewards citizens for putting land to good use rather than just sitting on expanses of property


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

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26. Cybersquatting
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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 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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


27. Tenancy in common
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
another persons right to make limited use of another persons real property without taking anything away from the property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


28. Outcome of a unanimous guilty verdict?
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
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
cannot be tried again - no appeal
can appeal - subject to new trial


29. Constructive bailments are?

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30. Duress criminal defense
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
mental state or intent part 2 of 2 for determining criminal liability
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
novel - useful - non obvious


31. What is the determining issue when proving entrapment?
secondary meaning
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


32. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


33. Attorney client privilege accomplishes what?
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the property that is burdened by a profit
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


34. Darst V. Interstate Brands Corp. regarding family and medical leave rights
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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


35. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


36. What must a deed possess to be valid?

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37. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
entry of a plea - guilty/ not guilty
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
No - they are considered to be goods and is governed by the uniform commercial code


38. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
reverse engineer - go through garbage..


39. Meta tag example about terri welles
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
probable cause
record of such condition - being regarded as actually having a condition
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


40. Example of an exception to the at will doctrine based on contract theory
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


41. Dominion
hours of employment - conditions - age of workers
ownership rights to 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
race - sex - national origin - color - religion


42. What is retaliatory discharge?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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


43. Mistake of fact criminal defense example

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

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45. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
treble damages
sexual harassment is protected under title 7 because it effects genders differently in the workplace


46. How can someone legally acquire trade secrets?
arises when customers begin to associate a specific term or phrase with specific trademarked items
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
reverse engineer - go through garbage..
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


47. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
a deed that transfers interest in a life estate from one to another
birth - child placement - employee health - care for spouse - child - or parent - military duty


48. What is a warranty deed?
obtaining ownership by living on anothers property
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
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
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


49. Indictment requires
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
sufficient evidence
property of one person rightfully in possession of another - custody
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


50. In order to prove discrimination in hiring one has to prove?
fraudulent miss-use of funds that have been entrusted to them
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
test is originality - lasts life of creator - protection is automatic
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