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. Napster example?
secondary meaning
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
a physical or mental impairment that substantially limits one or more major life activities
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


2. What conditions are covered by the family medical leave act?
given exclusive possession and control over property - and knowingly accept responsibility
birth - child placement - employee health - care for spouse - child - or parent - military duty
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
ownership rights to property


3. When property is found who gets property when it was abondoned?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
finder after obtaining a title


4. Engagement rings are considered to be?
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
conditional gifts that are only accepted upon the performance of marriage
the right to enter onto another persons property with the intentions of removing something valuable


5. Attorney client privilege accomplishes what?
agreement permitting use of a trademark
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
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
a deed that transfers interest in a life estate from one to another


6. Arrest requires
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
the corporation could have prevented such acts
any party can terminate an employment arrangement at anytime no questions asked
probable cause


7. KSR Internation V. Teleflex INC. regarding what is patentable?

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8. What is a profit under real property law?
birth - child placement - employee health - care for spouse - child - or parent - military duty
streamlines and standardizes the processes for applying for a trademark abroad
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the right to enter onto another persons property with the intentions of removing something valuable


9. Fair use doctrine
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
allows for use of copyrighted material under certain guidelines
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


10. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
distinctive decor - menu - style - service of an offering
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


11. The madrid protocol accomplishes what?
agreement permitting use of a trademark
streamlines and standardizes the processes for applying for a trademark abroad
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
finder after obtaining a title


12. 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
it is a federal crime to use the us postal service to defraud others on false pretenses
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


13. Tenancy by the entirety - or community ownership
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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


14. Darst V. Interstate Brands Corp. regarding family and medical leave rights
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
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
a physical or mental impairment that substantially limits one or more major life activities


15. What is can be considered trade dress?
distinctive decor - menu - style - service of an offering
the property that will benefit from a profit
ownership rights to property
treble damages


16. What is a covenant of quiet enjoyment?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
a warranty that the buyer will not be disturbed in their possession of the land


17. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
property of one person rightfully in possession of another - custody


18. Examples of collective marks
the property that is burdened by a profit
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 for that - sexual favors - general conduct however one incident is not enough
intent when attached and will item be damaged because of removal? hard to determine


19. What composes RICO?
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
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
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
secondary meaning


20. Is it a fixture?
another persons right to make limited use of another persons real property without taking anything away from the property
intent when attached and will item be damaged because of removal? hard to determine
streamlines and standardizes the processes for applying for a trademark abroad
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


21. Outcome of a unanimous guilty verdict?
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
owner of premise where it was found - after good title is acquired
can appeal - subject to new trial
distinctive decor - menu - style - service of an offering


22. 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
finder after obtaining a title
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


23. Mistake of fact criminal defense example

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24. Possible ruling interpretations for accession cases
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
intent - delivery - acceptance


25. Generic terms can never have?
secondary meaning
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.
the right to enter onto another persons property with the intentions of removing something valuable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


26. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
sexual harassment is protected under title 7 because it effects genders differently in the workplace
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
who has been using it first or filed for it first
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. Necessity defense
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
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
novel - useful - non obvious
criminal defense stating that a crime was necessary in preventing an even greater crime


28. What uses fall under the fair use doctrine?
any party can terminate an employment arrangement at anytime no questions asked
20 years from filing
criticism - use in satire - news report - use to educate
a deed that transfers interest in a life estate from one to another


29. What is retaliatory discharge?
sufficient evidence
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
probable cause
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


30. What is the determining issue when proving entrapment?
a warranty that the buyer will not be disturbed in their possession of the land
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


31. The WARN act calls for what?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
sally would possess an easement in this case - the right to travel across property owner peter's land


32. Mail Fraud Act of 1990 is what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


33. TRIPS agreement
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.
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
signed by hundreds of countries that establishes standards for the international protection of intellectual property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


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

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35. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
finder after obtaining a title
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
race - sex - national origin - color - religion


36. If property owner Peter sells a chunk of his estate to Sally - and that property is cut off from any public roads - what is sally supposed to do?

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37. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
test is originality - lasts life of creator - protection is automatic
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
probable cause
the corporation could have prevented such acts


38. What is a license considered to be in real property law?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
the corporation could have prevented such acts
breaking into a residence with the intent of performing a felony. this is a crime against property.


39. Purpose of criminal penalties?
entry of a plea - guilty/ not guilty
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


40. Mens Rea
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
breaking into a residence with the intent of performing a felony. this is a crime against property.
mental state or intent part 2 of 2 for determining criminal liability
criticism - use in satire - news report - use to educate


41. Commercial bribery example
distinctive decor - menu - style - service of an offering
criminal defense stating that a crime was necessary in preventing an even greater crime
offering someone who works at a different firm money for their trade secrets
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


42. What is a warranty deed?
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
first person to invent not file for patent
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


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

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44. What is secondary meaning?
10 years and it is renewable
arises when customers begin to associate a specific term or phrase with specific trademarked items
crops is considered to be real property and should be considered in the sale of such property.
criticism - use in satire - news report - use to educate


45. How long are patents protected?
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
cannot be tried again - no appeal
20 years from filing
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


46. What is not copyrightable?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
conditional gifts that are only accepted upon the performance of marriage
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
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


47. What is legally a disability?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
a physical or mental impairment that substantially limits one or more major life activities
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
record of such condition - being regarded as actually having a condition


48. 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
document by which title to property is passed
arises when customers begin to associate a specific term or phrase with specific trademarked items
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


49. Country club case
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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
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


50. License in trademark law?
agreement permitting use of a trademark
distinctive decor - menu - style - service of an offering
novel - useful - non obvious
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