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. Do Deeds require consideration to be valid?
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
No - property gifts are common
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


2. Money laundering
process of hiding the source of illegally acquired funds
crops is considered to be real property and should be considered in the sale of such property.
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
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


3. How can you come to possess land through adverse possession?
key words of a website that are used for search engines
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


4. What terminates an easement?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
used by members of a cooperative organization to certify the quality of service or product
fraudulent miss-use of funds that have been entrusted to them
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


5. Reasonable accommodation requirements by the ADA
obtaining ownership by living on anothers property
arises when customers begin to associate a specific term or phrase with specific trademarked items
the property that is burdened by a profit
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


6. Americans with disabilities act accomplishes what?
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 common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
No - they are considered to be goods and is governed by the uniform commercial code
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


7. Secondary Meaning Example frosty treats
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
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


8. The EEOC requires that victims do what before they hold employers liable?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
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
obtaining ownership by living on anothers property


9. 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
given exclusive possession and control over property - and knowingly accept responsibility
a physical or mental impairment that substantially limits one or more major life activities
hours of employment - conditions - age of workers


10. Roman Catholic Church V. Prince Reality Management regarding a license?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
distinctive decor - menu - style - service of an offering
record of such condition - being regarded as actually having a condition
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


11. What conditions are covered by the family medical leave act?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
secondary meaning
birth - child placement - employee health - care for spouse - child - or parent - military duty
No - but if they find any other reason - like you have been late often than you'll probably get fired


12. Larceny
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
treble damages
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
taking property away from the owner with the intent of permanently removing them of ownership


13. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


14. Meta tags
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
multiple owners of real or personal property
key words of a website that are used for search engines
streamlines and standardizes the processes for applying for a trademark abroad


15. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
10 year period renewable
treble damages
10 years and it is renewable


16. Facts to be used in the fair use standard are?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
secondary meaning


17. Indictment requires
sufficient evidence
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
10 year period renewable
allows for use of copyrighted material under certain guidelines


18. Discrimination during the hiring process is acceptable when?
crops is considered to be real property and should be considered in the sale of such property.
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


19. What kind of mistake can be used as criminal defense?
conditional gifts that are only accepted upon the performance of marriage
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
mistake of fact


20. In order to receive protection under the family medical leave act - one must?
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


21. Can you be fired for whistle blowing?

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22. What composes RICO?
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
cannot be tried again - no appeal
streamlines and standardizes the processes for applying for a trademark abroad
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


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

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24. Business process patents involve?
record of such condition - being regarded as actually having a condition
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
generally the use of a software to perform a job or deliver product
criminal defense stating that a crime was necessary in preventing an even greater crime


25. Mens Rea
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
mental state or intent part 2 of 2 for determining criminal liability
property of one person rightfully in possession of another - custody
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


26. License in trademark law?
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
the property that is burdened by a profit
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


27. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
given exclusive possession and control over property - and knowingly accept responsibility
signed by hundreds of countries that establishes standards for the international protection of intellectual property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


28. Remedies for patent infringement
sufficient evidence
arises when customers begin to associate a specific term or phrase with specific trademarked items
20 years from filing
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


29. What is protected expression?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
key words of a website that are used for search engines
secondary meaning


30. George V restauration s.a. V. Little Rest Twelve licensing case example

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31. Example of an exception to the at will doctrine based on contract theory
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
allows for use of copyrighted material under certain guidelines
conditional gifts that are only accepted upon the performance of marriage
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


32. How are trade secrets treated and protected?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
birth - child placement - employee health - care for spouse - child - or parent - military duty
owners of secret must try and protect - destroy garbage
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


33. Fair use is limited to?
members cannot give nationals favorable treatment
No - but if they find any other reason - like you have been late often than you'll probably get fired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


34. Are commercial flights permitted to fly over private property?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
entry of a plea - guilty/ not guilty


35. What is legally a disability?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
20 years from filing
a physical or mental impairment that substantially limits one or more major life activities
sufficient evidence


36. Darst V. Interstate Brands Corp. regarding family and medical leave rights
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
fraudulent miss-use of funds that have been entrusted to them
race - sex - national origin - color - religion
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


37. Fair use doctrine
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
allows for use of copyrighted material under certain guidelines
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


38. In real property law who is considered to be the servient estate?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
cannot be tried again - no appeal
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the property that is burdened by a profit


39. What is can be considered trade dress?
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
distinctive decor - menu - style - service of an offering
race - sex - national origin - color - religion
document by which title to property is passed


40. Constructive bailments are?

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41. Workers comp and negligence

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

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43. Purpose of criminal penalties?
intent - delivery - acceptance
breaking into a residence with the intent of performing a felony. this is a crime against property.
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
treble damages


44. 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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45. Title VII prevents discrimination in?

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46. 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.
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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


47. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
voluntarily parted with at the time - but then later tries to find it
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


48. How is the right to use a trademark determined?
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
process of hiding the source of illegally acquired funds
who has been using it first or filed for it first
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


49. In order to prove discrimination in hiring one has to prove?
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
agreement permitting use of a trademark
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
the right to enter onto another persons property with the intentions of removing something valuable


50. Counterfeiting example? regarding punishment
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
given exclusive possession and control over property - and knowingly accept responsibility
secondary meaning