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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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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. Patents allow for the owner to?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
property of one person rightfully in possession of another - custody
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

2. What is an easement by prescription?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

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

4. In order to receive protection under the family medical leave act - one must?
used by members of a cooperative organization to certify the quality of service or product
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
work for a company with more than 50 employees - employed for a year - and must try to give notice
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

5. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
it is a federal crime to use the us postal service to defraud others on false pretenses
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
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

6. 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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
prohibits excessive bail and fines - cruel and unusual punishment

7. Dominion
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
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
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

8. Business process patents involve?
the corporation could have prevented such acts
must effectively try to acquire protection as well as keep the secret
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
generally the use of a software to perform a job or deliver product

9. Napster example?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

10. Americans with disabilities act accomplishes what?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
fraudulent miss-use of funds that have been entrusted to them
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
breaking into a residence with the intent of performing a felony. this is a crime against property.

11. Generic terms can never have?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
first person to invent not file for patent
secondary meaning

12. Secondary Meaning Example frosty treats
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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
20 years from filing

13. Country club case
record of such condition - being regarded as actually having a condition
No - they are considered to be goods and is governed by the uniform commercial code
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
breaking into a residence with the intent of performing a felony. this is a crime against property.

14. TRIPS agreement
it rewards citizens for putting land to good use rather than just sitting on expanses of property
novel - useful - non obvious
signed by hundreds of countries that establishes standards for the international protection of intellectual property
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

15. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
conditional gifts that are only accepted upon the performance of marriage
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

16. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
taking property away from the owner with the intent of permanently removing them of ownership
a deed that transfers interest in a life estate from one to another

17. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
entry of a plea - guilty/ not guilty
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

18. EEOC is responsible for doing what?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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

19. What is a conveyance?
No - they are considered to be goods and is governed by the uniform commercial code
a deed that transfers interest in a life estate from one to another
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
secondary meaning

20. Sexual harassment is treated as what?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
sexual harassment is protected under title 7 because it effects genders differently in the workplace
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
intent - delivery - acceptance

21. Copyright requirements
test is originality - lasts life of creator - protection is automatic
10 years and it is renewable
used by members of a cooperative organization to certify the quality of service or product
distinctive decor - menu - style - service of an offering

22. What must a deed possess to be valid?

23. When property is found who gets property when it was abondoned?
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
criticism - use in satire - news report - use to educate
finder after obtaining a title
test is originality - lasts life of creator - protection is automatic

24. What composes RICO?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
owners of secret must try and protect - destroy garbage

25. 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
the right to enter onto another persons property with the intentions of removing something valuable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

26. Trademarks are good for? are they renewable
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
10 year period renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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

27. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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

28. Collective mark
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
used by members of a cooperative organization to certify the quality of service or product

29. Responsible corporate officer doctrine?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
novel - useful - non obvious
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a warranty that the buyer will not be disturbed in their possession of the land

30. Significance of coca-cola V. koke Co of America
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
No - but if they find any other reason - like you have been late often than you'll probably get fired
sally would possess an easement in this case - the right to travel across property owner peter's land
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

31. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
must effectively try to acquire protection as well as keep the secret
the corporation could have prevented such acts
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

32. What is an implied warranty of habitability?
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
the property that is burdened by a profit
secondary meaning
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

33. Robbery
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
secondary meaning
intent - delivery - acceptance

34. Indictment requires
the right to enter onto another persons property with the intentions of removing something valuable
sufficient evidence
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
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

35. Fair use is limited to?
record of such condition - being regarded as actually having a condition
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

36. Triple amount of damages definition
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
sally would possess an easement in this case - the right to travel across property owner peter's land
treble damages

37. What terminates an easement?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
this for that - sexual favors - general conduct however one incident is not enough
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

38. Example of an exception to the at will doctrine based on contract theory
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
multiple owners of real or personal property
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
intent when attached and will item be damaged because of removal? hard to determine

39. What is the purpose of the adverse possession doctrine?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
it rewards citizens for putting land to good use rather than just sitting on expanses of property
secondary meaning
first person to invent not file for patent

40. What could be considered as sexual harassment in the work place
voluntarily parted with at the time - but then later tries to find it
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
this for that - sexual favors - general conduct however one incident is not enough
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

41. Are crops real property when they are sold?
who has been using it first or filed for it first
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
No - they are considered to be goods and is governed by the uniform commercial code

42. Tenancy in common
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
given exclusive possession and control over property - and knowingly accept responsibility

43. Arraignment is what?
entry of a plea - guilty/ not guilty
arises when customers begin to associate a specific term or phrase with specific trademarked items
work for a company with more than 50 employees - employed for a year - and must try to give notice
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

44. Example of how an idea can be inseparable from its expression

45. The EEOC requires that victims do what before they hold employers liable?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
entry of a plea - guilty/ not guilty
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

46. Determining disability regarding with and without equipment?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
court found that sambucks caused significant confusion required to harm the value of starbacks 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

47. What happens when land is sold that is growing crops?
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
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
crops is considered to be real property and should be considered in the sale of such property.

48. What is an easement by implication?
voluntarily parted with at the time - but then later tries to find it
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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

49. Title VII protected categories?
prohibits excessive bail and fines - cruel and unusual punishment
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
race - sex - national origin - color - religion
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

50. 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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.