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. 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
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
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


2. Sexual harassment is treated as what?
No - they are considered to be goods and is governed by the uniform commercial code
sexual harassment is protected under title 7 because it effects genders differently in the workplace
intent when attached and will item be damaged because of removal? hard to determine
work for a company with more than 50 employees - employed for a year - and must try to give notice


3. Embezzlement
a physical or mental impairment that substantially limits one or more major life activities
fraudulent miss-use of funds that have been entrusted to them
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
multiple owners of real or personal property


4. When property is found that was mislaid who owns it?
sufficient evidence
owner of premise where it was found - after good title is acquired
intent when attached and will item be damaged because of removal? hard to determine
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


5. What kind of mistake can be used as criminal defense?
mistake of fact
intent when attached and will item be damaged because of removal? hard to determine
another persons right to make limited use of another persons real property without taking anything away from the property
who has been using it first or filed for it first


6. What is retaliatory discharge?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
the property that is burdened by a profit
the right to enter onto another persons property with the intentions of removing something valuable
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


7. Meta tag example about terri welles
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
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


8. Steps to determining trademark infringement?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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


9. Can you be fired for whistle blowing?

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10. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
agreement permitting use of a trademark


11. What must a deed possess to be valid?

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12. Mens Rea
voluntarily parted with at the time - but then later tries to find it
mental state or intent part 2 of 2 for determining criminal liability
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


13. What is the determining issue when proving entrapment?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
who has been using it first or filed for it first


14. Discrimination during the hiring process is acceptable when?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
the right to enter onto another persons property with the intentions of removing something valuable


15. In order to prove discrimination in hiring one has to prove?
multiple owners of real or personal property
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
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
document by which title to property is passed


16. What is a conveyance?
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
No - they are considered to be goods and is governed by the uniform commercial code
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a deed that transfers interest in a life estate from one to another


17. 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
crops is considered to be real property and should be considered in the sale of such property.
a physical or mental impairment that substantially limits one or more major life activities


18. Remedies for patent infringement
sufficient evidence
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
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


19. Money laundering
used by members of a cooperative organization to certify the quality of service or product
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
taking property away from the owner with the intent of permanently removing them of ownership
process of hiding the source of illegally acquired funds


20. How are trade secrets treated and protected?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
owners of secret must try and protect - destroy garbage
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


21. Meta tags
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
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
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
key words of a website that are used for search engines


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

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23. What is can be considered trade dress?
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
distinctive decor - menu - style - service of an offering


24. Do Deeds require consideration to be valid?
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
novel - useful - non obvious
No - property gifts are common
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


25. Workers comp and negligence

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26. Constructive bailments are?

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27. What is an easement by implication?
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
the right to enter onto another persons property with the intentions of removing something valuable
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


28. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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
streamlines and standardizes the processes for applying for a trademark abroad
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


29. Determining disability regarding with and without equipment?
must effectively try to acquire protection as well as keep the secret
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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 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


30. Counterfeiting example? regarding punishment
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
must effectively try to acquire protection as well as keep the secret
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


31. Mail fraud act example senator?
property of one person rightfully in possession of another - custody
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
mistake of fact


32. Are commercial flights permitted to fly over private property?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
reverse engineer - go through garbage..


33. When property is found who gets property when it was abondoned?
finder after obtaining a title
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
test is originality - lasts life of creator - protection is automatic
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


34. What is Actus Reus
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability
owners of secret must try and protect - destroy garbage
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


35. Cybersquatting
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


36. The Berne Convention
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


37. Concurrent ownership
breaking into a residence with the intent of performing a felony. this is a crime against property.
multiple owners of real or personal property
intent - delivery - acceptance
another persons right to make limited use of another persons real property without taking anything away from the property


38. Reverse discrimination example firefighters
crops is considered to be real property and should be considered in the sale of such property.
used by members of a cooperative organization to certify the quality of service or product
a physical or mental impairment that substantially limits one or more major life activities
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


39. Arraignment is what?
generally the use of a software to perform a job or deliver product
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
entry of a plea - guilty/ not guilty
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


40. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
distinctive decor - menu - style - service of an offering
probable cause
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


41. Fair labor standards act covers issues such as?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
hours of employment - conditions - age of workers
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


42. Robbery
birth - child placement - employee health - care for spouse - child - or parent - military duty
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


43. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
first person to invent not file for patent
secondary meaning


44. The EEOC requires that victims do what before they hold employers liable?
owners of secret must try and protect - destroy garbage
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
cannot be tried again - no appeal


45. Mislaid property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
voluntarily parted with at the time - but then later tries to find it
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


46. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
another persons right to make limited use of another persons real property without taking anything away from the property
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
obtaining ownership by living on anothers property


47. Facts to be used in the fair use standard are?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
arises when customers begin to associate a specific term or phrase with specific trademarked items
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
10 year period renewable


48. What protection does the 6th amendment provide?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
given exclusive possession and control over property - and knowingly accept responsibility
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


49. 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?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
document by which title to property is passed


50. Indictment requires
No - but if they find any other reason - like you have been late often than you'll probably get fired
sufficient evidence
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
a warranty that the buyer will not be disturbed in their possession of the land