Test your basic knowledge |

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 is the purpose of the adverse possession doctrine?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
it rewards citizens for putting land to good use rather than just sitting on expanses of 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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned

2. Triple amount of damages definition
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
treble damages
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 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

3. What is an easement by prescription?
treble damages
secondary meaning
owner of premise where it was found - after good title is acquired
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

4. Possible ruling interpretations for accession cases
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
owner of premise where it was found - after good title is acquired
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

5. In the united states who gets the patent if there is a conflict?
distinctive decor - menu - style - service of an offering
first person to invent not file for patent
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

6. The EEOC requires that victims do what before they hold employers liable?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
breaking into a residence with the intent of performing a felony. this is a crime against property.
crops is considered to be real property and should be considered in the sale of such property.
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

7. What conditions are covered by the family medical leave act?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

8. What is retaliatory discharge?
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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

9. Significance of coca-cola V. koke Co of America
another persons right to make limited use of another persons real property without taking anything away from the property
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
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

10. Difference between joint tenancy and tenancy in common?
entry of a plea - guilty/ not guilty
10 year period renewable
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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

11. Service mark
process of hiding the source of illegally acquired funds
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs

12. Do Deeds require consideration to be valid?
No - property gifts are common
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
ownership rights to property
10 year period renewable

13. What composes an 'at will doctrine'
work for a company with more than 50 employees - employed for a year - and must try to give notice
any party can terminate an employment arrangement at anytime no questions asked
treble damages
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

14. Is it a fixture?
who has been using it first or filed for it first
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
intent when attached and will item be damaged because of removal? hard to determine
a deed that transfers interest in a life estate from one to another

15. Are crops real property when they are sold?
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
mistake of fact
No - they are considered to be goods and is governed by the uniform commercial code
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

16. Roman Catholic Church V. Prince Reality Management regarding a license?
this for that - sexual favors - general conduct however one incident is not enough
secondary meaning
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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

17. Responsible corporate officer doctrine?
the right to enter onto another persons property with the intentions of removing something valuable
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
No - they are considered to be goods and is governed by the uniform commercial code
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions

18. Mens Rea
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
mental state or intent part 2 of 2 for determining criminal liability
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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

19. TRIPS agreement
No - but if they find any other reason - like you have been late often than you'll probably get fired
secondary meaning
signed by hundreds of countries that establishes standards for the international protection of intellectual property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

20. Example of how an idea can be inseparable from its expression

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

21. How long are patents protected?
used by members of a cooperative organization to certify the quality of service or product
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
20 years from filing

22. 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.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
first person to invent not file for patent
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

23. 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
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
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
can appeal - subject to new trial

24. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
document by which title to property is passed
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
intent when attached and will item be damaged because of removal? hard to determine

25. Remedies for patent infringement
race - sex - national origin - color - religion
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

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

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183

27. Counterfeiting example? regarding punishment
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
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.

28. How is the right to use a trademark determined?
criticism - use in satire - news report - use to educate
a physical or mental impairment that substantially limits one or more major life activities
who has been using it first or filed for it first
key words of a website that are used for search engines

29. What are the requirements for making a gift an effective transfer of ownership?
ownership rights to property
intent - delivery - acceptance
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

30. Meta tags
the property that will benefit from a profit
treble damages
key words of a website that are used for search engines
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

31. Example of an exception to the at will doctrine based on contract theory
streamlines and standardizes the processes for applying for a trademark abroad
the corporation could have prevented such acts
20 years from filing
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. In real property law who is considered to be the dominant estate?
No - but if they find any other reason - like you have been late often than you'll probably get fired
the property that will benefit from a profit
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
a warranty that the buyer will not be disturbed in their possession of the land

33. Are commercial flights permitted to fly over private property?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land

34. Drake V. Walton County regarding the county taking property
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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.
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
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

35. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
hours of employment - conditions - age of workers
given exclusive possession and control over property - and knowingly accept responsibility

36. Bailments are?
can appeal - subject to new trial
voluntarily parted with at the time - but then later tries to find it
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
property of one person rightfully in possession of another - custody

37. What protection does the 8th amendment provide?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
prohibits excessive bail and fines - cruel and unusual punishment
document by which title to property is passed

38. Are compilation of facts copyrightable? case example
can appeal - subject to new trial
this for that - sexual favors - general conduct however one incident is not enough
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
must effectively try to acquire protection as well as keep the secret

39. Dominion
novel - useful - non obvious
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
first person to invent not file for patent
ownership rights to property

40. What is a Deed
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sufficient evidence
No - but if they find any other reason - like you have been late often than you'll probably get fired
document by which title to property is passed

41. Trademarks are good for? are they renewable
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
10 year period renewable
criticism - use in satire - news report - use to educate
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

42. Reasonable accommodation requirements by the ADA
entry of a plea - guilty/ not guilty
sally would possess an easement in this case - the right to travel across property owner peter's land
mistake of fact
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

43. The WARN act calls for what?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
record of such condition - being regarded as actually having a condition
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

44. Examples of collective marks
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
voluntarily parted with at the time - but then later tries to find it
property of one person rightfully in possession of another - custody
birth - child placement - employee health - care for spouse - child - or parent - military duty

45. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a deed that transfers interest in a life estate from one to another
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

46. 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?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
a warranty that the buyer will not be disturbed in their possession of the land
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
signed by hundreds of countries that establishes standards for the international protection of intellectual property

47. Title VII protected categories?
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
race - sex - national origin - color - religion
obtaining ownership by living on anothers property
mental state or intent part 2 of 2 for determining criminal liability

48. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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 the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
owner of premise where it was found - after good title is acquired

49. 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
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
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
key words of a website that are used for search engines

50. How can you come to possess land through adverse possession?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
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