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Business Law Yale

Instructions:

Answer 50 questions in 15 minutes.
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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. Mail fraud act example senator?
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
the property that is burdened by a profit
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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

2. Remedies for patent infringement
any party can terminate an employment arrangement at anytime no questions asked
the property that will benefit from a profit
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

3. Indictment requires
sufficient evidence
key words of a website that are used for search engines
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
fraudulent miss-use of funds that have been entrusted to them

4. Secondary Meaning Example frosty treats
voluntarily parted with at the time - but then later tries to find it
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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

5. Tenancy by the entirety - or community ownership
sally would possess an easement in this case - the right to travel across property owner peter's land
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
reverse engineer - go through garbage..
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

6. In real property law who is considered to be the servient estate?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
the property that is burdened by a profit

7. What is a license considered to be in real property law?
breaking into a residence with the intent of performing a felony. this is a crime against property.
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
arises when customers begin to associate a specific term or phrase with specific trademarked items
intent when attached and will item be damaged because of removal? hard to determine

8. What are some criminal defenses
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
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

9. Requirements of a bailement
generally the use of a software to perform a job or deliver product
key words of a website that are used for search engines
intent when attached and will item be damaged because of removal? hard to determine
given exclusive possession and control over property - and knowingly accept responsibility

10. What is the difference between real and personal property?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
process of hiding the source of illegally acquired funds
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

11. The WARN act calls for what?
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
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
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

12. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
cannot be tried again - no appeal
document by which title to property is passed
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

13. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
owners of secret must try and protect - destroy garbage
property of one person rightfully in possession of another - custody

14. Concurrent ownership
the property that will benefit from a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
reverse engineer - go through garbage..
multiple owners of real or personal property

15. Reverse discrimination example firefighters
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
document by which title to property is passed
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

16. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
sexual harassment is protected under title 7 because it effects genders differently in the workplace
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

17. What is not copyrightable?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
20 years from filing

18. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
10 years and it is renewable
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
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. Drake V. Walton County regarding the county taking property
No - they are considered to be goods and is governed by the uniform commercial code
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.
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
reverse engineer - go through garbage..

20. Engagement rings are considered to be?
given exclusive possession and control over property - and knowingly accept responsibility
voluntarily parted with at the time - but then later tries to find it
10 years and it is renewable
conditional gifts that are only accepted upon the performance of marriage

21. How long is a copyright protected? for a corporation?
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
prohibits excessive bail and fines - cruel and unusual punishment

22. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
first person to invent not file for patent
secondary meaning
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

23. Significance of coca-cola V. koke Co of America
20 years from filing
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
key words of a website that are used for search engines

24. Can you be fired for whistle blowing?

25. Patents allow for the owner to?
used by members of a cooperative organization to certify the quality of service or product
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
breaking into a residence with the intent of performing a felony. this is a crime against property.

26. In order to receive protection under the family medical leave act - one must?
the corporation could have prevented such acts
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
work for a company with more than 50 employees - employed for a year - and must try to give notice

27. Example of an exception to the at will doctrine based on tort theory
another persons right to make limited use of another persons real property without taking anything away from the property
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
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 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

28. Duress criminal defense
any party can terminate an employment arrangement at anytime no questions asked
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
mistake of fact
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

29. Sambucks vs. starbucks
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

30. 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
multiple owners of real or personal property
a prohibited act. performance of such act is 1 part 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.

31. Workers comp and negligence

32. Special Bailments
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
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

33. Money laundering
process of hiding the source of illegally acquired funds
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
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
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

34. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
sally would possess an easement in this case - the right to travel across property owner peter's land
hours of employment - conditions - age of workers
sexual harassment is protected under title 7 because it effects genders differently in the workplace

35. Roman Catholic Church V. Prince Reality Management regarding a license?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
can appeal - subject to new trial
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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

36. Meta tag example about terri welles
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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

37. What is a covenant of quiet enjoyment?
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
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 common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
a warranty that the buyer will not be disturbed in their possession of the land

38. Necessity defense
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
intent - delivery - acceptance
criminal defense stating that a crime was necessary in preventing an even greater crime

39. Cybersquatting
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
treble damages
a warranty that the buyer will not be disturbed in their possession of the land

40. What is secondary meaning?
document by which title to property is passed
property of one person rightfully in possession of another - custody
ownership rights to property
arises when customers begin to associate a specific term or phrase with specific trademarked items

41. Possible ruling interpretations for accession cases
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

42. What composes an 'at will doctrine'
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
owner of premise where it was found - after good title is acquired
any party can terminate an employment arrangement at anytime no questions asked

43. In the united states who gets the patent if there is a conflict?
intent when attached and will item be damaged because of removal? hard to determine
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
first person to invent not file for patent

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

45. Copyright requirements
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
members cannot give nationals favorable treatment
who has been using it first or filed for it first
test is originality - lasts life of creator - protection is automatic

46. In order to recieve protection what must one do?
prohibits excessive bail and fines - cruel and unusual punishment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
must effectively try to acquire protection as well as keep the secret
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

47. In order for a disability to be legally recognized what must exist?
property of one person rightfully in possession of another - custody
record of such condition - being regarded as actually having a condition
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
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

48. Commercial bribery example
crops is considered to be real property and should be considered in the sale of such property.
offering someone who works at a different firm money for their trade secrets
novel - useful - non obvious
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application

49. Fair labor standards act covers issues such as?
distinctive decor - menu - style - service of an offering
hours of employment - conditions - age of workers
treble damages
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

50. Constructive bailments are?