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. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
offering someone who works at a different firm money for their trade secrets
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


2. Estray statutes encourage what?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
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
another persons right to make limited use of another persons real property without taking anything away from the property


3. EEOC is responsible for doing what?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
process of hiding the source of illegally acquired funds
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


4. Special Bailments
who has been using it first or filed for it first
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
first person to invent not file for patent


5. What happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
streamlines and standardizes the processes for applying for a trademark abroad
criminal defense stating that a crime was necessary in preventing an even greater crime
who has been using it first or filed for it first


6. When property is found who gets property when it was abondoned?
agreement permitting use of a trademark
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
finder after obtaining a title
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


7. What is can be considered trade dress?
it is a federal crime to use the us postal service to defraud others on false pretenses
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
distinctive decor - menu - style - service of an offering


8. Triple amount of damages definition
treble damages
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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


9. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
taking property away from the owner with the intent of permanently removing them of ownership
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


10. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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


11. Workers comp and negligence

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12. What composes RICO?
multiple owners of real or personal 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
mental state or intent part 2 of 2 for determining criminal liability
finder after obtaining a title


13. What is the determining issue when proving entrapment?
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
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
criticism - use in satire - news report - use to educate


14. 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
streamlines and standardizes the processes for applying for a trademark abroad
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


15. Outcome of a unanimous guilty verdict?
sufficient evidence
can appeal - subject to new trial
sexual harassment is protected under title 7 because it effects genders differently in the workplace
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


16. Derivative work
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


17. The WARN act calls for what?
allows for use of copyrighted material under certain guidelines
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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


18. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
entry of a plea - guilty/ not guilty
secondary meaning
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.


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

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20. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
treble damages
work for a company with more than 50 employees - employed for a year - and must try to give notice
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


21. Candyland 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
obtaining ownership by living on anothers property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


22. Meta tags
intent when attached and will item be damaged because of removal? hard to determine
key words of a website that are used for search engines
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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


23. Fair use doctrine
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
allows for use of copyrighted material under certain guidelines
criminal defense stating that a crime was necessary in preventing an even greater crime
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


24. Can you be fired for whistle blowing?

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25. What is the purpose of the adverse possession doctrine?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property


26. What are the requirements for adverse possession to be recognized?
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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. 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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28. The madrid protocol accomplishes what?
secondary meaning
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
streamlines and standardizes the processes for applying for a trademark abroad
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


29. Money laundering
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
process of hiding the source of illegally acquired funds
multiple owners of real or personal property
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


30. Remedies for patent infringement
obtaining ownership by living on anothers property
streamlines and standardizes the processes for applying for a trademark abroad
secondary meaning
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


31. What is Actus Reus
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
ownership rights to property


32. Collective mark
used by members of a cooperative organization to certify the quality of service or product
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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


33. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
any party can terminate an employment arrangement at anytime no questions asked
sufficient evidence
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


34. What composes an 'at will doctrine'
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
mental state or intent part 2 of 2 for determining criminal liability
a deed that transfers interest in a life estate from one to another
any party can terminate an employment arrangement at anytime no questions asked


35. What must a deed possess to be valid?

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36. Arraignment is what?
members cannot give nationals favorable treatment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
race - sex - national origin - color - religion
entry of a plea - guilty/ not guilty


37. Fair use is limited to?
obtaining ownership by living on anothers property
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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


38. Drake V. Walton County regarding the county taking property
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the property that is burdened by a profit
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
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.


39. What is a warranty deed?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
record of such condition - being regarded as actually having a condition
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
process of hiding the source of illegally acquired funds


40. Generic terms can never have?
secondary meaning
multiple owners of real or personal property
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


41. Roman Catholic Church V. Prince Reality Management regarding a license?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
members cannot give nationals favorable treatment
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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


42. In the united states who gets the patent if there is a conflict?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
first person to invent not file for patent
owners of secret must try and protect - destroy garbage
given exclusive possession and control over property - and knowingly accept responsibility


43. Title VII prevents discrimination in?

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

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45. In order to recieve protection what must one do?
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
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
must effectively try to acquire protection as well as keep the secret
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


46. Commercial bribery example
generally the use of a software to perform a job or deliver product
sexual harassment is protected under title 7 because it effects genders differently in the workplace
offering someone who works at a different firm money for their trade secrets
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


47. Larceny
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
taking property away from the owner with the intent of permanently removing them of ownership
probable cause
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


48. Embezzlement
allows for use of copyrighted material under certain guidelines
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
fraudulent miss-use of funds that have been entrusted to them
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


49. Meta tag example about terri welles
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
must effectively try to acquire protection as well as keep the secret
property of one person rightfully in possession of another - custody
criminal defense stating that a crime was necessary in preventing an even greater crime


50. What is an easement?
fraudulent miss-use of funds that have been entrusted to them
another persons right to make limited use of another persons real property without taking anything away from the property
novel - useful - non obvious
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