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 real property law who is considered to be the dominant estate?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
probable cause
the property that will benefit from a profit


2. Mail fraud act example senator?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


3. Strong Marks Case Example

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4. What protection does the 6th amendment provide?
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
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
a physical or mental impairment that substantially limits one or more major life activities


5. How long is a copyright protected? for a corporation?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
criminal defense stating that a crime was necessary in preventing an even greater crime
used by members of a cooperative organization to certify the quality of service or product
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


6. The Berne Convention
10 years and it is renewable
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


7. Mislaid property
the property that will benefit from a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
voluntarily parted with at the time - but then later tries to find it
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.


8. Sexual harassment is treated as what?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
sexual harassment is protected under title 7 because it effects genders differently in the workplace
secondary meaning


9. Certification mark
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
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. How long are patents protected?
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
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
race - sex - national origin - color - religion
20 years from filing


11. Mistake of fact criminal defense example

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12. 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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


13. Collective mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
used by members of a cooperative organization to certify the quality of service or product
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
conditional gifts that are only accepted upon the performance of marriage


14. Generic terms can never have?
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
secondary meaning
No - property gifts are common
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


15. What is can be considered trade dress?
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.
distinctive decor - menu - style - service of an offering
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
ownership rights to property


16. Reverse discrimination example firefighters
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the corporation could have prevented such acts
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
given exclusive possession and control over property - and knowingly accept responsibility


17. Example of an exception to the at will doctrine based on tort theory
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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
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


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

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19. Patent Requirements
prohibits excessive bail and fines - cruel and unusual punishment
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
novel - useful - non obvious


20. Arrest requires
probable cause
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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 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


21. In order for a disability to be legally recognized what must exist?
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
sally would possess an easement in this case - the right to travel across property owner peter's land
record of such condition - being regarded as actually having a condition
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


22. What terminates an easement?
property of one person rightfully in possession of another - custody
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
must effectively try to acquire protection as well as keep the secret
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


23. Requirements of a bailement
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
given exclusive possession and control over property - and knowingly accept responsibility
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


24. In order to receive protection under the family medical leave act - one must?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


25. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that is burdened by a profit


26. What must a deed possess to be valid?

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27. Outcome of unanimous not guilty?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
cannot be tried again - no appeal
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


28. Title VII protected categories?
10 year period renewable
race - sex - national origin - color - religion
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


29. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
agreement permitting use of a trademark
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
mental state or intent part 2 of 2 for determining criminal liability


30. What is a job offer?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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


31. What kind of mistake can be used as criminal defense?
distinctive decor - menu - style - service of an offering
mistake of fact
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
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


32. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
criminal defense stating that a crime was necessary in preventing an even greater crime
race - sex - national origin - color - religion
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


33. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
any party can terminate an employment arrangement at anytime no questions asked
generally the use of a software to perform a job or deliver product
record of such condition - being regarded as actually having a condition


34. Candyland example?
10 years and it is renewable
property of one person rightfully in possession of another - custody
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


35. Example of an exception to the at will doctrine based on contract theory
process of hiding the source of illegally acquired funds
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 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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


36. Derivative work
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
prohibits excessive bail and fines - cruel and unusual punishment
a physical or mental impairment that substantially limits one or more major life activities


37. What is an easement by implication?
probable cause
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


38. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
probable cause
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


39. How long is a trademark protected? is it renewable
10 years and it is renewable
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
conditional gifts that are only accepted upon the performance of marriage
signed by hundreds of countries that establishes standards for the international protection of intellectual property


40. Can you be fired for whistle blowing?

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41. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
streamlines and standardizes the processes for applying for a trademark abroad
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
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


42. Dominion
ownership rights to 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
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
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


43. Meta tag example about terri welles
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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


44. Fair use doctrine
allows for use of copyrighted material under certain guidelines
document by which title to property is passed
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


45. In order to prove discrimination in hiring one has to prove?
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
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
intent - delivery - acceptance
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


46. Attorney client privilege accomplishes what?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
conditional gifts that are only accepted upon the performance of marriage
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


47. Counterfeiting example? regarding punishment
process of hiding the source of illegally acquired funds
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
hours of employment - conditions - age of workers
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


48. What are strong Marks?
probable cause
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
secondary meaning


49. Secondary Meaning Example frosty treats
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
the right to enter onto another persons property with the intentions of removing something valuable
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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


50. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
criticism - use in satire - news report - use to educate
No - but if they find any other reason - like you have been late often than you'll probably get fired
secondary meaning