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 conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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


2. What determines likeliness of confusion?
ownership rights to property
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
a deed that transfers interest in a life estate from one to another


3. When property is found who gets property when it was abondoned?
finder after obtaining a title
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..
prohibits excessive bail and fines - cruel and unusual punishment


4. TRIPS agreement
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
another persons right to make limited use of another persons real property without taking anything away from the property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


5. How are trade secrets treated and protected?
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
allows for use of copyrighted material under certain guidelines
entry of a plea - guilty/ not guilty
owners of secret must try and protect - destroy garbage


6. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
this for that - sexual favors - general conduct however one incident is not enough


7. In order to recieve protection what must one do?
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
must effectively try to acquire protection as well as keep the secret
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


8. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
distinctive decor - menu - style - service of an offering


9. What must a deed possess to be valid?

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10. License in trademark law?
record of such condition - being regarded as actually having a condition
agreement permitting use of a trademark
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


11. What protection does the 6th amendment provide?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


12. Significance of coca-cola V. koke Co of America
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
secondary meaning
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


13. What terminates an easement?
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


14. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


15. How is the right to use a trademark determined?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
who has been using it first or filed for it first
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


16. 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
another persons right to make limited use of another persons real property without taking anything away from the property
20 years from filing
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res


17. Patents allow for the owner to?
test is originality - lasts life of creator - protection is automatic
criticism - use in satire - news report - use to educate
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


18. Meta tags
distinctive decor - menu - style - service of an offering
can appeal - subject to new trial
key words of a website that are used for search engines
No - but if they find any other reason - like you have been late often than you'll probably get fired


19. Mistake of fact criminal defense example

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20. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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
a warranty that the buyer will not be disturbed in their possession of the land


21. The EEOC requires that victims do what before they hold employers liable?
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
conditional gifts that are only accepted upon the performance of marriage
cannot be tried again - no appeal
owners of secret must try and protect - destroy garbage


22. Tenancy by the entirety - or community ownership
voluntarily parted with at the time - but then later tries to find it
process of hiding the source of illegally acquired funds
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


23. 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
intent - delivery - acceptance
owners of secret must try and protect - destroy garbage
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


24. What is a Deed
property of one person rightfully in possession of another - custody
breaking into a residence with the intent of performing a felony. this is a crime against property.
fraudulent miss-use of funds that have been entrusted to them
document by which title to property is passed


25. 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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26. What is legally a disability?
arises when customers begin to associate a specific term or phrase with specific trademarked items
criminal defense stating that a crime was necessary in preventing an even greater crime
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
a physical or mental impairment that substantially limits one or more major life activities


27. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
test is originality - lasts life of creator - protection is automatic
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
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. Sambucks vs. starbucks
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
members cannot give nationals favorable treatment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


29. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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30. Secondary Meaning Example frosty treats
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
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


31. What is protected expression?
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


32. What are strong Marks?
breaking into a residence with the intent of performing a felony. this is a crime against property.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
fraudulent miss-use of funds that have been entrusted to them


33. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
generally the use of a software to perform a job or deliver product
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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


34. What is an easement by implication?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
document by which title to property is passed
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


35. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
it rewards citizens for putting land to good use rather than just sitting on expanses of property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
owner of premise where it was found - after good title is acquired


36. 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?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
property of one person rightfully in possession of another - custody
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
probable cause


37. Members of the TRIPS agreement cannot do what?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
members cannot give nationals favorable treatment
another persons right to make limited use of another persons real property without taking anything away from the property
a physical or mental impairment that substantially limits one or more major life activities


38. Adverse possession
obtaining ownership by living on anothers property
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


39. Patent Requirements
key words of a website that are used for search engines
novel - useful - non obvious
process of hiding the source of illegally acquired funds
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


40. Counterfeiting example? regarding punishment
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
20 years from filing
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


41. 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
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
must effectively try to acquire protection as well as keep the secret


42. Napster example?
any party can terminate an employment arrangement at anytime no questions asked
crops is considered to be real property and should be considered in the sale of such property.
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files


43. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
race - sex - national origin - color - religion
secondary meaning
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


44. What is the difference between real and personal property?
entry of a plea - guilty/ not guilty
ownership rights to property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
first person to invent not file for patent


45. Embezzlement
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
fraudulent miss-use of funds that have been entrusted to them
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


46. Arrest requires
offering someone who works at a different firm money for their trade secrets
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
probable cause
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


47. 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
a prohibited act. performance of such act is 1 part 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
members cannot give nationals favorable treatment


48. Workers comp and negligence

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49. Trademarks are good for? are they renewable
10 year period renewable
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
signed by hundreds of countries that establishes standards for the international protection of intellectual property
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


50. Estray statutes encourage what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe