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. Drake V. Walton County regarding the county taking property
another persons right to make limited use of another persons real property without taking anything away from the property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
intent - delivery - acceptance
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.


2. How can someone legally acquire trade secrets?
voluntarily parted with at the time - but then later tries to find it
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
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
reverse engineer - go through garbage..


3. How long is a copyright protected? for a corporation?
first person to invent not file for patent
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
property of one person rightfully in possession of another - custody
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


4. Mail Fraud Act of 1990 is what?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
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
used by members of a cooperative organization to certify the quality of service or product


5. Patents allow for the owner to?
entry of a plea - guilty/ not guilty
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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


6. Can you be fired for whistle blowing?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


7. Responsible corporate officer doctrine?
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
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


8. Are commercial flights permitted to fly over private property?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


9. What is a Deed
document by which title to property is passed
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
hours of employment - conditions - age of workers
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


10. Indictment requires
sufficient evidence
can appeal - subject to new trial
allows for use of copyrighted material under certain guidelines
used by members of a cooperative organization to certify the quality of service or product


11. Certification mark
must effectively try to acquire protection as well as keep the secret
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


12. Fair use is limited to?
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.
this for that - sexual favors - general conduct however one incident is not enough
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


14. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


15. Possible ruling interpretations for accession cases
agreement permitting use of a 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
prohibits excessive bail and fines - cruel and unusual punishment
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


16. What is the determining issue when proving entrapment?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
allows for use of copyrighted material under certain guidelines
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


17. Mens Rea
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
mental state or intent part 2 of 2 for determining criminal liability
members cannot give nationals favorable treatment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


18. Fair use doctrine
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
streamlines and standardizes the processes for applying for a trademark abroad
allows for use of copyrighted material under certain guidelines
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


19. How long are patents protected?
20 years from filing
it is a federal crime to use the us postal service to defraud others on false pretenses
No - property gifts are common
entry of a plea - guilty/ not guilty


20. Arraignment is what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
entry of a plea - guilty/ not guilty
who has been using it first or filed for it first


21. Requirements of a bailement
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
given exclusive possession and control over property - and knowingly accept responsibility
secondary meaning
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


22. What is the purpose of the adverse possession doctrine?
No - but if they find any other reason - like you have been late often than you'll probably get fired
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
it rewards citizens for putting land to good use rather than just sitting on expanses of property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


23. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
it is a federal crime to use the us postal service to defraud others on false pretenses
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


24. What must a deed possess to be valid?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


25. When property is found that was mislaid who owns it?
another persons right to make limited use of another persons real property without taking anything away from the property
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
owner of premise where it was found - after good title is acquired


26. How is the right to use a trademark determined?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
birth - child placement - employee health - care for spouse - child - or parent - military duty
arises when customers begin to associate a specific term or phrase with specific trademarked items
who has been using it first or filed for it first


27. Country club case
intent - delivery - acceptance
agreement permitting use of a trademark
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


28. What is an easement?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
criminal defense stating that a crime was necessary in preventing an even greater crime
another persons right to make limited use of another persons real property without taking anything away from the property
sally would possess an easement in this case - the right to travel across property owner peter's land


29. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
can appeal - subject to new trial
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


30. What is a warranty deed?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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


31. What is a profit under real property law?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
a physical or mental impairment that substantially limits one or more major life activities
the right to enter onto another persons property with the intentions of removing something valuable
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


32. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


33. What kind of mistake can be used as criminal defense?
taking property away from the owner with the intent of permanently removing them of ownership
mistake of fact
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
it is a federal crime to use the us postal service to defraud others on false pretenses


34. What composes an 'at will doctrine'
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
cannot be tried again - no appeal
any party can terminate an employment arrangement at anytime no questions asked
intent - delivery - acceptance


35. What is the result of a mistrial or a hung jury?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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


36. Purpose of criminal penalties?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


38. Reverse discrimination example firefighters
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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
voluntarily parted with at the time - but then later tries to find it


39. Steps to determining trademark infringement?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
generally the use of a software to perform a job or deliver product
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


40. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
given exclusive possession and control over property - and knowingly accept responsibility
distinctive decor - menu - style - service of an offering
arises when customers begin to associate a specific term or phrase with specific trademarked items


41. Money laundering
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
process of hiding the source of illegally acquired funds
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


42. Title VII prevents discrimination in?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


43. Facts to be used in the fair use standard are?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
ownership rights to property
record of such condition - being regarded as actually having a condition
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


44. Secondary Meaning Example frosty treats
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
it is a federal crime to use the us postal service to defraud others on false pretenses
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


45. Mislaid 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
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
members cannot give nationals favorable treatment
voluntarily parted with at the time - but then later tries to find it


46. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
it is a federal crime to use the us postal service to defraud others on false pretenses
another persons right to make limited use of another persons real property without taking anything away from the property
secondary meaning
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


47. Burglary
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
breaking into a residence with the intent of performing a felony. this is a crime against property.


48. Special Bailments
the corporation could have prevented such acts
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.
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


49. Remedies for patent infringement
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
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
a deed that transfers interest in a life estate from one to another
work for a company with more than 50 employees - employed for a year - and must try to give notice


50. Difference between joint tenancy and tenancy in common?
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
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
20 years from filing
it is a federal crime to use the us postal service to defraud others on false pretenses