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. Business process patents involve?
generally the use of a software to perform a job or deliver product
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

2. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
work for a company with more than 50 employees - employed for a year - and must try to give notice

3. What is the determining issue when proving entrapment?
process of hiding the source of illegally acquired funds
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
reverse engineer - go through garbage..
record of such condition - being regarded as actually having a condition

4. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
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
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

5. Special Bailments
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
allows for use of copyrighted material under certain guidelines
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

6. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence
probable cause
allows for use of copyrighted material under certain guidelines

7. What is Actus Reus
members cannot give nationals favorable treatment
first person to invent not file for patent
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

8. Sexual harassment is treated as what?
process of hiding the source of illegally acquired funds
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
sexual harassment is protected under title 7 because it effects genders differently in the workplace

9. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
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

10. What is the purpose of the adverse possession doctrine?
distinctive decor - menu - style - service of an offering
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property

11. In order to prove discrimination in hiring one has to prove?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
the property that is burdened by a profit
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.

12. Meta tag example about terri welles
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
secondary meaning
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

13. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

14. 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
ownership rights to property
the property that is burdened by a profit
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

15. How long is a copyright protected? for a corporation?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
a warranty that the buyer will not be disturbed in their possession of the land
ownership rights to property

16. What are some criminal defenses
test is originality - lasts life of creator - protection is automatic
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
hours of employment - conditions - age of workers
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

17. License in trademark law?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
agreement permitting use of a trademark
any party can terminate an employment arrangement at anytime no questions asked
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

18. Workers comp and negligence

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

19. Are commercial flights permitted to fly over private property?
ownership rights to property
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
prohibits excessive bail and fines - cruel and unusual punishment

20. In order for a disability to be legally recognized what must exist?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
record of such condition - being regarded as actually having a condition
process of hiding the source of illegally acquired funds
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

21. 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 one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
voluntarily parted with at the time - but then later tries to find it

22. Reverse discrimination example firefighters
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
first person to invent not file for patent
mistake of fact
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

23. Engagement rings are considered to be?
it is a federal crime to use the us postal service to defraud others on false pretenses
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
conditional gifts that are only accepted upon the performance of marriage

24. What are the requirements for adverse possession to be recognized?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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
20 years from filing
owner of premise where it was found - after good title is acquired

25. Dominion
record of such condition - being regarded as actually having a condition
No - they are considered to be goods and is governed by the uniform commercial code
a warranty that the buyer will not be disturbed in their possession of the land
ownership rights to property

26. Gold club corporate criminal liability example?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
sufficient evidence
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
reasonable steps to prevent: known policy - standardized procedures - policies should be specific

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?

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

28. Mislaid property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
voluntarily parted with at the time - but then later tries to find it
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
hours of employment - conditions - age of workers

29. What is 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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

30. Commercial bribery example
10 year period renewable
offering someone who works at a different firm money for their trade secrets
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.
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

31. What are strong Marks?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
No - but if they find any other reason - like you have been late often than you'll probably get fired
a warranty that the buyer will not be disturbed in their possession of the land

32. When property is found that was mislaid who owns it?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
secondary meaning
owner of premise where it was found - after good title is acquired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others

33. What is a conveyance?
a deed that transfers interest in a life estate from one to another
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the property that will benefit from a profit

34. In real property law who is considered to be the dominant estate?
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
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.
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
the property that will benefit from a profit

35. What composes an 'at will doctrine'
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
any party can terminate an employment arrangement at anytime no questions asked

36. 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

37. What is secondary meaning?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
arises when customers begin to associate a specific term or phrase with specific trademarked items
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
record of such condition - being regarded as actually having a condition

38. What is can be considered trade dress?
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
distinctive decor - menu - style - service of an offering
secondary meaning
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

39. How are trade secrets treated and protected?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
owners of secret must try and protect - destroy garbage

40. What is a job offer?
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
ownership rights to property
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted

41. Trademark dilution
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
distinctive decor - menu - style - service of an offering
document by which title to property is passed

42. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
intent - delivery - acceptance
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

43. Purpose of criminal penalties?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
test is originality - lasts life of creator - protection is automatic
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

44. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
test is originality - lasts life of creator - protection is automatic
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
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

45. Triple amount of damages definition
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
No - but if they find any other reason - like you have been late often than you'll probably get fired
treble damages
breaking into a residence with the intent of performing a felony. this is a crime against property.

46. Copyright requirements
test is originality - lasts life of creator - protection is automatic
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
finder after obtaining a title

47. Outcome of unanimous not guilty?
cannot be tried again - no appeal
probable cause
must effectively try to acquire protection as well as keep the secret
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

48. 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

49. What is the result of a mistrial or a hung jury?
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
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
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.
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent

50. Candyland example?
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
who has been using it first or filed for it first
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name