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. Title VII prevents discrimination in?

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2. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
20 years from filing
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


3. What protection does the 8th amendment provide?
the property that will benefit from a profit
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
prohibits excessive bail and fines - cruel and unusual punishment
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


4. Discrimination during the hiring process is acceptable when?
No - property gifts are common
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
sally would possess an easement in this case - the right to travel across property owner peter's land
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


5. What is retaliatory discharge?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
can appeal - subject to new trial
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


6. 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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7. The madrid protocol accomplishes what?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
intent when attached and will item be damaged because of removal? hard to determine
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
streamlines and standardizes the processes for applying for a trademark abroad


8. What is the difference between real and personal property?
10 years and it is renewable
criminal defense stating that a crime was necessary in preventing an even greater crime
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a warranty that the buyer will not be disturbed in their possession of the land


9. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
court found that sambucks caused significant confusion required to harm the value of starbacks 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


10. TRIPS agreement
can appeal - subject to new trial
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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


11. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
entry of a plea - guilty/ not guilty
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


12. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
intent - delivery - acceptance
fraudulent miss-use of funds that have been entrusted to them
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


13. What happens when land is sold that is growing crops?
intent - delivery - acceptance
crops is considered to be real property and should be considered in the sale of such 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


14. In order to prove discrimination in hiring one has to prove?
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
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
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
intent - delivery - acceptance


15. Special Bailments
conditional gifts that are only accepted upon the performance of marriage
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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


16. What is a job offer?
race - sex - national origin - color - religion
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


17. What is protected expression?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


18. In order to receive protection under the family medical leave act - one must?
prohibits excessive bail and fines - cruel and unusual punishment
work for a company with more than 50 employees - employed for a year - and must try to give notice
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


19. Arrest requires
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
fraudulent miss-use of funds that have been entrusted to them
probable cause


20. What is an easement?
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
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
entry of a plea - guilty/ not guilty
another persons right to make limited use of another persons real property without taking anything away from the property


21. Patents allow for the owner to?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


22. Can you be fired for whistle blowing?

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23. Sexual harassment is treated as what?
treble damages
a physical or mental impairment that substantially limits one or more major life activities
intent when attached and will item be damaged because of removal? hard to determine
sexual harassment is protected under title 7 because it effects genders differently in the workplace


24. Attorney client privilege accomplishes what?
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
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
given exclusive possession and control over property - and knowingly accept responsibility
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


25. Duress criminal defense
the property that is burdened by a profit
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
intent - delivery - acceptance
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


26. Service mark
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
document by which title to property is passed
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


27. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
voluntarily parted with at the time - but then later tries to find it
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


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


29. Sambucks vs. starbucks
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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


30. Workers comp and negligence

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31. Copyright requirements
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
distinctive decor - menu - style - service of an offering
race - sex - national origin - color - religion
test is originality - lasts life of creator - protection is automatic


32. How are trade secrets treated and protected?
10 years and it is renewable
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


33. Possible ruling interpretations for accession cases
key words of a website that are used for search engines
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
a physical or mental impairment that substantially limits one or more major life activities
arises when customers begin to associate a specific term or phrase with specific trademarked items


34. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
No - property gifts are common


35. Members of the TRIPS agreement cannot do what?
allows for use of copyrighted material under certain guidelines
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
members cannot give nationals favorable treatment
it is a federal crime to use the us postal service to defraud others on false pretenses


36. Fair use is limited to?
finder after obtaining a title
sexual harassment is protected under title 7 because it effects genders differently in the workplace
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
reverse engineer - go through garbage..


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

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38. Triple amount of damages definition
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.
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
another persons right to make limited use of another persons real property without taking anything away from the property


39. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
probable cause
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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


40. 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
10 year period renewable
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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


41. What is legally a disability?
property of one person rightfully in possession of another - custody
a physical or mental impairment that substantially limits one or more major life activities
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


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

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43. Example of an exception to the at will doctrine based on tort theory
entry of a plea - guilty/ not guilty
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


44. Darst V. Interstate Brands Corp. regarding family and medical leave rights
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
members cannot give nationals favorable treatment
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
the corporation could have prevented such acts


45. What must a deed possess to be valid?

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46. What is a conveyance?
a deed that transfers interest in a life estate from one to another
conditional gifts that are only accepted upon the performance of marriage
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


47. The Berne Convention
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
a warranty that the buyer will not be disturbed in their possession of the land
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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


48. Meta tag example about terri welles
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


49. What are some criminal defenses
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
streamlines and standardizes the processes for applying for a trademark abroad


50. Gold club corporate criminal liability example?
test is originality - lasts life of creator - protection is automatic
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel