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. What is the result of a mistrial or a hung jury?
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 found that sambucks caused significant confusion required to harm the value of starbacks trademark
20 years from filing
sufficient evidence

2. Business process patents involve?
document by which title to property is passed
secondary meaning
generally the use of a software to perform a job or deliver product
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game

3. 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?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
any party can terminate an employment arrangement at anytime no questions asked
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

4. Meta tags
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
can appeal - subject to new trial
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
key words of a website that are used for search engines

5. How can someone legally acquire trade secrets?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
reverse engineer - go through garbage..
prohibits excessive bail and fines - cruel and unusual punishment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

6. Are crops real property when they are sold?
No - they are considered to be goods and is governed by the uniform commercial code
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

7. Counterfeiting example? regarding punishment
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
must effectively try to acquire protection as well as keep the secret
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

8. Candyland example?
reverse engineer - go through garbage..
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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.
20 years from filing

9. What is can be considered trade dress?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
distinctive decor - menu - style - service of an offering
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

10. Patent Requirements
breaking into a residence with the intent of performing a felony. this is a crime against property.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
mistake of fact
novel - useful - non obvious

11. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

12. What is an easement?
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
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
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

13. The Berne Convention
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
secondary meaning

14. Concurrent ownership
multiple owners of real or personal property
probable cause
the property that will benefit from a profit
reverse engineer - go through garbage..

15. What is a Deed
finder after obtaining a title
document by which title to property is passed
mental state or intent part 2 of 2 for determining criminal liability
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

16. Meta tag example about terri welles
intent when attached and will item be damaged because of removal? hard to determine
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
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
finder after obtaining a title

17. Members of the TRIPS agreement cannot do what?
process of hiding the source of illegally acquired funds
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
key words of a website that are used for search engines
members cannot give nationals favorable treatment

18. What is legally a disability?
novel - useful - non obvious
a physical or mental impairment that substantially limits one or more major life activities
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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

19. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
criminal defense stating that a crime was necessary in preventing an even greater crime
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
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

20. In real property law who is considered to be the dominant estate?
this for that - sexual favors - general conduct however one incident is not enough
who has been using it first or filed for it first
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
the property that will benefit from a profit

21. Facts to be used in the fair use standard are?
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

22. Workers comp and negligence

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

23. How can you come to possess land through adverse possession?
a deed that transfers interest in a life estate from one to another
key words of a website that are used for search engines
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
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

24. Tenancy by the entirety - or community ownership
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
20 years from filing
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

25. Employers should handle hostile environments regarding protected members of title 7 by?
it is a federal crime to use the us postal service to defraud others on false pretenses
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
distinctive decor - menu - style - service of an offering
a deed that transfers interest in a life estate from one to another

26. Tenancy in common
race - sex - national origin - color - religion
must effectively try to acquire protection as well as keep the secret
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

27. Mail fraud act example senator?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

28. Mail Fraud Act of 1990 is what?
fraudulent miss-use of funds that have been entrusted to them
secondary meaning
No - property gifts are common
it is a federal crime to use the us postal service to defraud others on false pretenses

29. 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
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
cannot be tried again - no appeal
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

30. License in trademark law?
prohibits excessive bail and fines - cruel and unusual punishment
20 years from filing
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
agreement permitting use of a trademark

31. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
treble damages
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
taking property away from the owner with the intent of permanently removing them of ownership

32. Are compilation of facts copyrightable? case example
10 year period renewable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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. 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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
No - but if they find any other reason - like you have been late often than you'll probably get fired
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

34. How is the right to use a trademark determined?
intent - delivery - acceptance
who has been using it first or filed for it first
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
20 years from filing

35. Outcome of a unanimous guilty verdict?
prohibits excessive bail and fines - cruel and unusual punishment
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
can appeal - subject to new trial

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

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

37. Trademarks are good for? are they renewable
multiple owners of real or personal property
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
10 year period renewable

38. What is an easement by implication?
cannot be tried again - no appeal
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
ownership rights to property
criminal defense stating that a crime was necessary in preventing an even greater crime

39. 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

40. Duress criminal defense
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.

41. Indictment requires
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
sufficient evidence

42. What are the requirements for making a gift an effective transfer of ownership?
sufficient evidence
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

43. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
entry of a plea - guilty/ not guilty
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
mistake of fact

44. Commercial bribery example
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

45. What is a conveyance?
allows for use of copyrighted material under certain guidelines
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
a deed that transfers interest in a life estate from one to another
the property that is burdened by a profit

46. What are strong Marks?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
offering someone who works at a different firm money for their trade secrets
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

47. What protection does the 6th amendment provide?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
a physical or mental impairment that substantially limits one or more major life activities

48. Special Bailments
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common

49. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
streamlines and standardizes the processes for applying for a trademark abroad

50. Bailments are?
property of one person rightfully in possession of another - custody
record of such condition - being regarded as actually having a condition
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
cannot be tried again - no appeal