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. Example of an exception to the at will doctrine based on tort theory
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
hours of employment - conditions - age of workers
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
allows for use of copyrighted material under certain guidelines


2. What are the requirements for adverse possession to be recognized?
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
record of such condition - being regarded as actually having a condition
the corporation could have prevented such acts
owner of premise where it was found - after good title is acquired


3. Is it a fixture?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
intent when attached and will item be damaged because of removal? hard to determine
process of hiding the source of illegally acquired funds
20 years from filing


4. How long are patents protected?
sufficient evidence
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
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
20 years from filing


5. Fair labor standards act covers issues such as?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
hours of employment - conditions - age of workers
a deed that transfers interest in a life estate from one to another
this for that - sexual favors - general conduct however one incident is not enough


6. Title VII prevents discrimination in?

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7. In order to recieve protection what must one do?
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
must effectively try to acquire protection as well as keep the secret
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 be required to spend money to adapt a job - so long as reasonable hardship is not caused


8. What must a deed possess to be valid?

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9. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
No - but if they find any other reason - like you have been late often than you'll probably get fired
generally the use of a software to perform a job or deliver product


10. Can you be fired for whistle blowing?

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11. What protection does the 8th amendment provide?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
prohibits excessive bail and fines - cruel and unusual punishment


12. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
treble damages
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


13. Trademark dilution
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
10 years and it is renewable
can appeal - subject to new trial
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


14. Mistake of fact criminal defense example

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15. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
No - they are considered to be goods and is governed by the uniform commercial code
novel - useful - non obvious
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


16. What is a covenant of quiet enjoyment?
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
voluntarily parted with at the time - but then later tries to find it
a warranty that the buyer will not be disturbed in their possession of the land
intent when attached and will item be damaged because of removal? hard to determine


17. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
key words of a website that are used for search engines
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


18. 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
owners of secret must try and protect - destroy garbage
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


19. Requirements of a bailement
secondary meaning
key words of a website that are used for search engines
given exclusive possession and control over property - and knowingly accept responsibility
finder after obtaining a title


20. Drake V. Walton County regarding the county taking property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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.
a warranty that the buyer will not be disturbed in their possession of the land


21. In real property law who is considered to be the dominant estate?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
the property that will benefit from a profit


22. What is not copyrightable?
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
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
distinctive decor - menu - style - service of an offering
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


23. The WARN act calls for what?
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
offering someone who works at a different firm money for their trade secrets
intent - delivery - acceptance
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


24. Arrest requires
probable cause
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
agreement permitting use of a trademark
No - they are considered to be goods and is governed by the uniform commercial code


25. What is an easement by prescription?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
sexual harassment is protected under title 7 because it effects genders differently in the workplace


26. Generic terms can never have?
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace
owner of premise where it was found - after good title is acquired
mental state or intent part 2 of 2 for determining criminal liability


27. What is protected expression?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
sally would possess an easement in this case - the right to travel across property owner peter's land
it is a federal crime to use the us postal service to defraud others on false pretenses


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


29. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
this for that - sexual favors - general conduct however one incident is not enough
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
sally would possess an easement in this case - the right to travel across property owner peter's land


30. What is an implied warranty of habitability?
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
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


31. Are crops real property when they are sold?
property of one person rightfully in possession of another - custody
No - they are considered to be goods and is governed by the uniform commercial code
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
document by which title to property is passed


32. What is the difference between real and personal property?
the property that is burdened by a profit
work for a company with more than 50 employees - employed for a year - and must try to give notice
prohibits excessive bail and fines - cruel and unusual punishment
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


33. Country club case
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
sufficient evidence
breaking into a residence with the intent of performing a felony. this is a crime against 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


34. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
criticism - use in satire - news report - use to educate
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
taking property away from the owner with the intent of permanently removing them of ownership


35. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
distinctive decor - menu - style - service of an offering
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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


36. Example of an exception to the at will doctrine based on contract theory
another persons right to make limited use of another persons real property without taking anything away from the property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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


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

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38. When property is found who gets property when it was abondoned?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
taking property away from the owner with the intent of permanently removing them of ownership
finder after obtaining a title


39. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
who has been using it first or filed for it first


40. Secondary Meaning Example frosty treats
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
No - property gifts are common
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
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


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

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42. Collective mark
used by members of a cooperative organization to certify the quality of service or product
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
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.


43. How long is a copyright protected? for a corporation?
a physical or mental impairment that substantially limits one or more major life activities
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
treble damages
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


44. Roman Catholic Church V. Prince Reality Management regarding a license?
crops is considered to be real property and should be considered in the sale of such property.
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
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
10 year period renewable


45. What are some criminal defenses
work for a company with more than 50 employees - employed for a year - and must try to give notice
fraudulent miss-use of funds that have been entrusted to them
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


46. Arraignment is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
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
entry of a plea - guilty/ not guilty


47. What is an easement by implication?
offering someone who works at a different firm money for their trade secrets
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
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 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


48. What is an easement?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
10 years and it is renewable
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
another persons right to make limited use of another persons real property without taking anything away from the property


49. Reverse discrimination example firefighters
probable cause
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
10 year period renewable
multiple owners of real or personal property


50. Indictment requires
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
property of one person rightfully in possession of another - custody
sufficient evidence
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution