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. In real property law who is considered to be the dominant estate?
the property that will benefit from a profit
10 years and it is renewable
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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

2. What kind of mistake can be used as criminal defense?
mistake of fact
the property that will benefit from a profit
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
who has been using it first or filed for it first

3. Tenancy in common
finder after obtaining a title
another persons right to make limited use of another persons real property without taking anything away from the property
a physical or mental impairment that substantially limits one or more major life activities
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

4. What is retaliatory discharge?
birth - child placement - employee health - care for spouse - child - or parent - military duty
work for a company with more than 50 employees - employed for a year - and must try to give notice
allows for use of copyrighted material under certain guidelines
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

5. 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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
can appeal - subject to new trial

6. The Berne Convention
entry of a plea - guilty/ not guilty
work for a company with more than 50 employees - employed for a year - and must try to give notice
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
property of one person rightfully in possession of another - custody

7. The madrid protocol accomplishes what?
distinctive decor - menu - style - service of an offering
cannot be tried again - no appeal
multiple owners of real or personal property
streamlines and standardizes the processes for applying for a trademark abroad

8. What is a profit under real property law?
owner of premise where it was found - after good title is acquired
the right to enter onto another persons property with the intentions of removing something valuable
document by which title to property is passed
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.

9. Remedies for patent infringement
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
conditional gifts that are only accepted upon the performance of marriage
any party can terminate an employment arrangement at anytime no questions asked
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

10. Title VII prevents discrimination in?

11. When property is found that was mislaid who owns it?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
owner of premise where it was found - after good title is acquired
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

12. Outcome of a unanimous guilty verdict?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
can appeal - subject to new trial
distinctive decor - menu - style - service of an offering

13. What protection does the 6th amendment provide?
a physical or mental impairment that substantially limits one or more major life activities
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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

14. Trademark dilution
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
treble damages
another persons right to make limited use of another persons real property without taking anything away from the property
criminal defense stating that a crime was necessary in preventing an even greater crime

15. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
record of such condition - being regarded as actually having a condition
a physical or mental impairment that substantially limits one or more major life activities
criticism - use in satire - news report - use to educate

16. What is an easement?
first person to invent not file for patent
20 years from filing
generally the use of a software to perform a job or deliver product
another persons right to make limited use of another persons real property without taking anything away from the property

17. How are trade secrets treated and protected?
cannot be tried again - no appeal
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
owners of secret must try and protect - destroy garbage

18. In order to receive protection under the family medical leave act - one must?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

19. Roman Catholic Church V. Prince Reality Management regarding a license?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
conditional gifts that are only accepted upon the performance of marriage
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

20. In order for a disability to be legally recognized what must exist?
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
record of such condition - being regarded as actually having a condition
No - but if they find any other reason - like you have been late often than you'll probably get fired
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

21. Reverse discrimination example firefighters
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
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
sexual harassment is protected under title 7 because it effects genders differently in the workplace

22. Difference between joint tenancy and tenancy in common?
the right to enter onto another persons property with the intentions of removing something valuable
another persons right to make limited use of another persons real property without taking anything away from the property
a deed that transfers interest in a life estate from one to another
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

23. In order to prove discrimination in hiring one has to prove?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
No - they are considered to be goods and is governed by the uniform commercial code
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
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. Responsible corporate officer doctrine?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks

25. Napster example?
work for a company with more than 50 employees - employed for a year - and must try to give notice
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
another persons right to make limited use of another persons real property without taking anything away from the property
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

26. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
it is a federal crime to use the us postal service to defraud others on false pretenses

27. Fair use doctrine
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
mental state or intent part 2 of 2 for determining criminal liability
criticism - use in satire - news report - use to educate
allows for use of copyrighted material under certain guidelines

28. Derivative work
a warranty that the buyer will not be disturbed in their possession of the land
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
breaking into a residence with the intent of performing a felony. this is a crime against property.

29. What must a deed possess to be valid?

30. Secondary Meaning Example frosty treats
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
another persons right to make limited use of another persons real property without taking anything away from the property
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
multiple owners of real or personal property

31. What is 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
arises when customers begin to associate a specific term or phrase with specific trademarked items
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
voluntarily parted with at the time - but then later tries to find it

32. What is the result of a mistrial or a hung jury?
sally would possess an easement in this case - the right to travel across property owner peter's land
must effectively try to acquire protection as well as keep the secret
taking property away from the owner with the intent of permanently removing them of ownership
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

33. Generic terms can never have?
secondary meaning
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
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

34. Collective mark
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
used by members of a cooperative organization to certify the quality of service or product

35. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
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 warranty that the buyer will not be disturbed in their possession of the land
property of one person rightfully in possession of another - custody

36. Bailments are?
prohibits excessive bail and fines - cruel and unusual punishment
property of one person rightfully in possession of another - custody
can appeal - subject to new trial
breaking into a residence with the intent of performing a felony. this is a crime against property.

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

38. 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
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
sally would possess an easement in this case - the right to travel across property owner peter's land
generally the use of a software to perform a job or deliver product

39. Gold club corporate criminal liability example?
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

40. What is the difference between real and personal property?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
generally the use of a software to perform a job or deliver product

41. Cybersquatting
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
sufficient evidence

42. What is the purpose of the adverse possession doctrine?
owner of premise where it was found - after good title is acquired
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
obtaining ownership by living on anothers property
it rewards citizens for putting land to good use rather than just sitting on expanses of property

43. What conditions are covered by the family medical leave act?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

44. What is a job offer?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

45. Are commercial flights permitted to fly over private property?
a physical or mental impairment that substantially limits one or more major life activities
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
crops is considered to be real property and should be considered in the sale of such property.

46. Joint tenancy
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
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

47. Employers should handle hostile environments regarding protected members of title 7 by?
the property that is burdened by a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
prohibits excessive bail and fines - cruel and unusual punishment
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

48. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

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

50. The EEOC requires that victims do what before they hold employers liable?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
10 year period renewable
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired