Test your basic knowledge |

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. How is the right to use a trademark determined?
probable cause
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
who has been using it first or filed for it first
key words of a website that are used for search engines

2. Money laundering
process of hiding the source of illegally acquired funds
mental state or intent part 2 of 2 for determining criminal liability
ownership rights to property
members cannot give nationals favorable treatment

3. What is legally a disability?
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
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
a physical or mental impairment that substantially limits one or more major life activities

4. Service mark
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
must effectively try to acquire protection as well as keep the secret
multiple owners of real or personal property

5. Cybersquatting
who has been using it first or filed for it first
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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

6. Generic terms can never have?
secondary meaning
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
No - property gifts are common

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

8. Embezzlement
another persons right to make limited use of another persons real property without taking anything away from the property
fraudulent miss-use of funds that have been entrusted to them
No - they are considered to be goods and is governed by the uniform commercial code
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

9. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
criticism - use in satire - news report - use to educate
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
members cannot give nationals favorable treatment

10. Tenancy in common
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

11. Significance of coca-cola V. koke Co of America
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
a deed that transfers interest in a life estate from one to another
this for that - sexual favors - general conduct however one incident is not enough

12. Derivative work
must effectively try to acquire protection as well as keep the secret
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
conditional gifts that are only accepted upon the performance of marriage

13. Constructive bailments are?

14. Possible ruling interpretations for accession cases
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
mental state or intent part 2 of 2 for determining criminal liability

15. What is a warranty deed?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

16. In the united states who gets the patent if there is a conflict?
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
20 years from filing
arises when customers begin to associate a specific term or phrase with specific trademarked items
first person to invent not file for patent

17. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
crops is considered to be real property and should be considered in the sale of such property.
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

18. Napster example?
a deed that transfers interest in a life estate from one to another
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
offering someone who works at a different firm money for their trade secrets

19. The madrid protocol accomplishes what?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
streamlines and standardizes the processes for applying for a trademark abroad

20. Meta tag example about terri welles
test is originality - lasts life of creator - protection is automatic
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
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
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

21. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
obtaining ownership by living on anothers property
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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

22. What is an implied warranty of habitability?
streamlines and standardizes the processes for applying for a trademark abroad
any party can terminate an employment arrangement at anytime no questions asked
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

23. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
test is originality - lasts life of creator - protection is automatic
used by members of a cooperative organization to certify the quality of service or product
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

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

25. Fair use is limited to?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
crops is considered to be real property and should be considered in the sale of such property.

26. What protection does the 6th amendment provide?
No - they are considered to be goods and is governed by the uniform commercial code
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
document by which title to property is passed

27. Roman Catholic Church V. Prince Reality Management regarding a license?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
owners of secret must try and protect - destroy garbage

28. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
obtaining ownership by living on anothers property
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

29. Collective mark
crops is considered to be real property and should be considered in the sale of such property.
secondary meaning
used by members of a cooperative organization to certify the quality of service or product
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

30. 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
cannot be tried again - no appeal
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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

31. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
reverse engineer - go through garbage..
sufficient evidence

32. Requirements of a bailement
first person to invent not file for patent
given exclusive possession and control over property - and knowingly accept responsibility
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 the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

33. 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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files

34. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
document by which title to property is passed
No - they are considered to be goods and is governed by the uniform commercial code
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

35. EEOC is responsible for doing what?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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

36. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
this for that - sexual favors - general conduct however one incident is not enough
obtaining ownership by living on anothers property

37. Counterfeiting example? regarding punishment
used by members of a cooperative organization to certify the quality of service or product
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
first person to invent not file for patent

38. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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.
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

39. Arrest requires
probable cause
ownership rights to property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

40. Is it a fixture?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
multiple owners of real or personal property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
intent when attached and will item be damaged because of removal? hard to determine

41. What could be considered as sexual harassment in the work place
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
this for that - sexual favors - general conduct however one incident is not enough
first person to invent not file for patent

42. Triple amount of damages definition
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
treble damages
10 years and it is renewable

43. Secondary Meaning Example frosty treats
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
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
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
used by members of a cooperative organization to certify the quality of service or product

44. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
voluntarily parted with at the time - but then later tries to find it
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+

45. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
criminal defense stating that a crime was necessary in preventing an even greater crime
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
process of hiding the source of illegally acquired funds

46. Age discrimination achieves what?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
work for a company with more than 50 employees - employed for a year - and must try to give notice

47. The EEOC requires that victims do what before they hold employers liable?
intent when attached and will item be damaged because of removal? hard to determine
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
reverse engineer - go through garbage..
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

48. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
probable cause
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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

49. Tenancy by the entirety - or community ownership
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

50. Can you be fired for whistle blowing?