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. Collective mark
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
another persons right to make limited use of another persons real property without taking anything away from the property
used by members of a cooperative organization to certify the quality of service or product
members cannot give nationals favorable treatment

2. What is a profit under real property law?
property of one person rightfully in possession of another - custody
the right to enter onto another persons property with the intentions of removing something valuable
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. Are compilation of facts copyrightable? case example
novel - useful - non obvious
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability

4. Are crops real property when they are sold?
20 years from filing
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
No - they are considered to be goods and is governed by the uniform commercial code
distinctive decor - menu - style - service of an offering

5. What are strong Marks?
20 years from filing
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment

6. Mail Fraud Act of 1990 is what?
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
agreement permitting use of a trademark
it is a federal crime to use the us postal service to defraud others on false pretenses
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe

7. What uses fall under the fair use doctrine?
probable cause
who has been using it first or filed for it first
criticism - use in satire - news report - use to educate
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

8. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
treble damages
arises when customers begin to associate a specific term or phrase with specific trademarked items

9. How long is a copyright protected? for a corporation?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
intent when attached and will item be damaged because of removal? hard to determine
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact

10. Duress criminal defense
secondary meaning
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
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

11. What must a deed possess to be valid?

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

12. Workers comp and negligence

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

13. Generic terms can never have?
fraudulent miss-use of funds that have been entrusted to them
secondary meaning
taking property away from the owner with the intent of permanently removing them of ownership
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

14. 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
secondary meaning
it is a federal crime to use the us postal service to defraud others on false pretenses
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

15. Trademarks are good for? are they renewable
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
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
No - they are considered to be goods and is governed by the uniform commercial code
10 year period renewable

16. The WARN act calls for what?
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
No - property gifts are common

17. Discrimination during the hiring process is acceptable when?
the property that is burdened by a profit
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
it rewards citizens for putting land to good use rather than just sitting on expanses of property
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

18. Tenancy by the entirety - or community ownership
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
process of hiding the source of illegally acquired funds
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

19. In order to recieve protection what must one do?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
must effectively try to acquire protection as well as keep the secret
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

20. Patent Requirements
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
record of such condition - being regarded as actually having a condition
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
novel - useful - non obvious

21. What is legally a disability?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
owners of secret must try and protect - destroy garbage
sally would possess an easement in this case - the right to travel across property owner peter's land
a physical or mental impairment that substantially limits one or more major life activities

22. KSR Internation V. Teleflex INC. regarding what is patentable?

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

23. What composes RICO?
multiple owners of real or personal property
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
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

24. EEOC is responsible for doing what?
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
intent when attached and will item be damaged because of removal? hard to determine
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
can appeal - subject to new trial

25. TRIPS agreement
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
signed by hundreds of countries that establishes standards for the international protection of intellectual property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
crops is considered to be real property and should be considered in the sale of such property.

26. Dominion
streamlines and standardizes the processes for applying for a trademark abroad
key words of a website that are used for search engines
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
ownership rights to property

27. What is an easement?
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 rewards citizens for putting land to good use rather than just sitting on expanses of property
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
another persons right to make limited use of another persons real property without taking anything away from the property

28. What is secondary meaning?
another persons right to make limited use of another persons real property without taking anything away from the property
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
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
arises when customers begin to associate a specific term or phrase with specific trademarked items

29. In the united states who gets the patent if there is a conflict?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
first person to invent not file for patent

30. What determines likeliness of confusion?
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
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
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
record of such condition - being regarded as actually having a condition

31. Meta tags
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
key words of a website that are used for search engines
process of hiding the source of illegally acquired funds
criminal defense stating that a crime was necessary in preventing an even greater crime

32. Possible ruling interpretations for accession cases
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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

33. 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?

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

34. Determining disability regarding with and without equipment?
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
given exclusive possession and control over property - and knowingly accept responsibility
the corporation could have prevented such acts
secondary meaning

35. Bailments are?
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
a deed that transfers interest in a life estate from one to another
property of one person rightfully in possession of another - custody
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

36. What is an easement by implication?
prohibits excessive bail and fines - cruel and unusual punishment
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
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement

37. How long are patents protected?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
conditional gifts that are only accepted upon the performance of marriage
20 years from filing

38. Joint tenancy
fraudulent miss-use of funds that have been entrusted to them
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
No - they are considered to be goods and is governed by the uniform commercial code
the property that will benefit from a profit

39. Country club case
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
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
the right to enter onto another persons property with the intentions of removing something valuable
multiple owners of real or personal property

40. What is a warranty deed?
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
obtaining ownership by living on anothers property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

41. What is an implied warranty of habitability?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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
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

42. What is a covenant of quiet enjoyment?
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
prohibits excessive bail and fines - cruel and unusual punishment
a warranty that the buyer will not be disturbed in their possession of the land

43. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
a deed that transfers interest in a life estate from one to another
20 years from filing
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie

44. What is a conveyance?
property of one person rightfully in possession of another - custody
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
a deed that transfers interest in a life estate from one to another

45. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
criminal defense stating that a crime was necessary in preventing an even greater crime
secondary meaning
novel - useful - non obvious

46. What conditions are covered by the family medical leave act?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
reverse engineer - go through garbage..
birth - child placement - employee health - care for spouse - child - or parent - military duty
intent when attached and will item be damaged because of removal? hard to determine

47. What is the purpose of the adverse possession doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
key words of a website that are used for search engines
process of hiding the source of illegally acquired funds
it rewards citizens for putting land to good use rather than just sitting on expanses of property

48. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
allows for use of copyrighted material under certain guidelines
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

49. When property is found that was mislaid who owns it?
fraudulent miss-use of funds that have been entrusted to them
10 years and it is renewable
owner of premise where it was found - after good title is acquired
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

50. What is a job offer?
No - they are considered to be goods and is governed by the uniform commercial code
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
can appeal - subject to new trial
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted