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. Mislaid property
multiple owners of real or personal property
conditional gifts that are only accepted upon the performance of marriage
voluntarily parted with at the time - but then later tries to find it
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


2. Discrimination during the hiring process is acceptable when?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
property of one person rightfully in possession of another - custody
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


3. Concurrent ownership
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
property of one person rightfully in possession of another - custody


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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


5. How long is a trademark protected? is it renewable
10 years and it is renewable
test is originality - lasts life of creator - protection is automatic
secondary meaning
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


6. What is a profit under real property law?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
10 years and it is renewable
the right to enter onto another persons property with the intentions of removing something valuable


7. What protection does the 8th amendment provide?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
any party can terminate an employment arrangement at anytime no questions asked
prohibits excessive bail and fines - cruel and unusual punishment


8. Title VII prevents discrimination in?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


9. Secondary Meaning Example frosty treats
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
a deed that transfers interest in a life estate from one to another
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
agreement permitting use of a trademark


10. What are the requirements for making a gift an effective transfer of ownership?
can appeal - subject to new trial
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
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
intent - delivery - acceptance


11. In the united states who gets the patent if there is a conflict?
mistake of fact
sexual harassment is protected under title 7 because it effects genders differently in the workplace
first person to invent not file for patent
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


12. What is the difference between real and personal property?
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
test is originality - lasts life of creator - protection is automatic
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
members cannot give nationals favorable treatment


13. Remedies for patent infringement
prohibits excessive bail and fines - cruel and unusual punishment
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


14. Indictment requires
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
treble damages
test is originality - lasts life of creator - protection is automatic
sufficient evidence


15. 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?
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
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


16. Collective mark
used by members of a cooperative organization to certify the quality of service or product
No - they are considered to be goods and is governed by the uniform commercial code
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that is burdened by a profit


17. Bailments are?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
property of one person rightfully in possession of another - custody


18. What is an implied warranty of habitability?
obtaining ownership by living on anothers property
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


19. Patent Requirements
novel - useful - non obvious
intent when attached and will item be damaged because of removal? hard to determine
intent - delivery - acceptance
this for that - sexual favors - general conduct however one incident is not enough


20. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
10 years and it is renewable
ownership rights to property


21. Sexual harassment is treated as what?
race - sex - national origin - color - religion
sexual harassment is protected under title 7 because it effects genders differently in the workplace
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


22. What protection does the 6th amendment provide?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
intent - delivery - acceptance
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


23. Attorney client privilege accomplishes what?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
key words of a website that are used for search engines
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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


24. Certification mark
document by which title to property is passed
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


25. Gold club corporate criminal liability example?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
it rewards citizens for putting land to good use rather than just sitting on expanses of property
a physical or mental impairment that substantially limits one or more major life activities


26. Fair labor standards act covers issues such as?
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
given exclusive possession and control over property - and knowingly accept responsibility
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
hours of employment - conditions - age of workers


27. What is protected expression?
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
10 year period renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
signed by hundreds of countries that establishes standards for the international protection of intellectual property


28. Trademark dilution
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
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
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
the corporation could have prevented such acts


29. What happens when land is sold that is growing crops?
hours of employment - conditions - age of workers
criticism - use in satire - news report - use to educate
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
crops is considered to be real property and should be considered in the sale of such property.


30. Trademarks are good for? are they renewable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
10 year period renewable
voluntarily parted with at the time - but then later tries to find it
criminal defense stating that a crime was necessary in preventing an even greater crime


31. Necessity defense
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
finder after obtaining a title
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
criminal defense stating that a crime was necessary in preventing an even greater crime


32. What is can be considered trade dress?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a physical or mental impairment that substantially limits one or more major life activities
distinctive decor - menu - style - service of an offering
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


33. Requirements of a bailement
given exclusive possession and control over property - and knowingly accept responsibility
allows for use of copyrighted material under certain guidelines
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


34. Service mark
who has been using it first or filed for it first
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
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


35. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
finder after obtaining a title
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


36. How long are patents protected?
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
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
multiple owners of real or personal property
20 years from filing


37. Duress criminal defense
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


38. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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


39. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


40. What could be considered as sexual harassment in the work place
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
owner of premise where it was found - after good title is acquired
this for that - sexual favors - general conduct however one incident is not enough


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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


42. Workers comp and negligence

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


43. Facts to be used in the fair use standard are?
treble damages
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used by members of a cooperative organization to certify the quality of service or product
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


44. Mistake of fact criminal defense example

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


45. Outcome of unanimous not guilty?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
cannot be tried again - no appeal
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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.


46. The WARN act calls for what?
the corporation could have prevented such acts
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


47. Patents allow for the owner to?
crops is considered to be real property and should be considered in the sale of such property.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
members cannot give nationals favorable treatment


48. What are some criminal defenses
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
members cannot give nationals favorable treatment
document by which title to property is passed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


49. 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?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


50. Joint tenancy
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
ownership rights to property
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common