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. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
mistake of fact
entry of a plea - guilty/ not guilty
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


2. What is the result of a mistrial or a hung jury?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
No - they are considered to be goods and is governed by the uniform commercial code
secondary meaning
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


3. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
owners of secret must try and protect - destroy garbage
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


4. Trademarks are good for? are they renewable
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
10 year period renewable
first person to invent not file for patent


5. Possible ruling interpretations for accession cases
criminal defense stating that a crime was necessary in preventing an even greater crime
retain title of ownership when pay other to add value to property - retain title when accession occurs illegally - if upon good faith the improvement changes the identity of the property - it is possible that the title may pass on to the improver - b
a physical or mental impairment that substantially limits one or more major life activities
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


6. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


7. Are compilation of facts copyrightable? case example
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
secondary meaning
breaking into a residence with the intent of performing a felony. this is a crime against property.


8. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
classic stone corp. owns a profit in gross - and cannot transfer this right to another


9. Commercial bribery example
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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
offering someone who works at a different firm money for their trade secrets


10. What could be considered as sexual harassment in the work place
multiple owners of real or personal property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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 for that - sexual favors - general conduct however one incident is not enough


11. Engagement rings are considered to be?
probable cause
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
conditional gifts that are only accepted upon the performance of marriage


12. Purpose of criminal penalties?
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
process of hiding the source of illegally acquired funds
arises when customers begin to associate a specific term or phrase with specific trademarked items
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


13. Roman Catholic Church V. Prince Reality Management regarding a license?
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
any party can terminate an employment arrangement at anytime no questions asked
key words of a website that are used for search engines
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


14. Generic terms can never have?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
record of such condition - being regarded as actually having a condition
secondary meaning
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


15. Mail Fraud Act of 1990 is what?
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


16. Duress criminal defense
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
generally the use of a software to perform a job or deliver product
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


17. Robbery
the property that is burdened by a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


18. Workers comp and negligence

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19. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
can appeal - subject to new trial
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
No - property gifts are common


20. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
secondary meaning


21. Reasonable accommodation requirements by the ADA
this for that - sexual favors - general conduct however one incident is not enough
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
allows for use of copyrighted material under certain guidelines


22. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


23. Do Deeds require consideration to be valid?
No - they are considered to be goods and is governed by the uniform commercial code
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
conditional gifts that are only accepted upon the performance of marriage
No - property gifts are common


24. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
the corporation could have prevented such acts
test is originality - lasts life of creator - protection is automatic


25. What is a conveyance?
20 years from filing
intent when attached and will item be damaged because of removal? hard to determine
obtaining ownership by living on anothers property
a deed that transfers interest in a life estate from one to another


26. Tenancy by the entirety - or community ownership
secondary meaning
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
sufficient evidence
signed by hundreds of countries that establishes standards for the international protection of intellectual property


27. Title VII prevents discrimination in?

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28. What is a license considered to be in real property law?
a warranty that the buyer will not be disturbed in their possession of the land
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
No - they are considered to be goods and is governed by the uniform commercial code
20 years from filing


29. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
must effectively try to acquire protection as well as keep the secret
birth - child placement - employee health - care for spouse - child - or parent - military duty
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


30. What must a deed possess to be valid?

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31. What is protected expression?
a physical or mental impairment that substantially limits one or more major life activities
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
criticism - use in satire - news report - use to educate
multiple owners of real or personal property


32. Dominion
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
ownership rights to property


33. Estray statutes encourage what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


34. Collective mark
cannot be tried again - no appeal
used by members of a cooperative organization to certify the quality of service or product
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
multiple owners of real or personal property


35. Constructive bailments are?

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36. Responsible corporate officer doctrine?
the corporation could have prevented such acts
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
agreement permitting use of a trademark
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


37. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
criminal defense stating that a crime was necessary in preventing an even greater crime


38. What protection does the 8th amendment provide?
conditional gifts that are only accepted upon the performance of marriage
prohibits excessive bail and fines - cruel and unusual punishment
A deed that includes a number of covenants that gives the buyer the buyer the most protection. Affirms the buyer can easily possess what has been mentioned in the deed
if 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


39. What terminates an easement?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
10 year period renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


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

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

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42. Can you be fired for whistle blowing?

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43. 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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


44. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


45. Facts to be used in the fair use standard are?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


46. In order to receive protection under the family medical leave act - one must?
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 corporation could have prevented such acts
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


47. Strong Marks Case Example

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48. Mislaid property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
voluntarily parted with at the time - but then later tries to find it
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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. How long is a copyright protected? for a corporation?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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


50. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the corporation could have prevented such acts
intent when attached and will item be damaged because of removal? hard to determine
unlawful pressure of another to perform a criminal act - satisfies mental state requirement