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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 an easement?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
another persons right to make limited use of another persons real property without taking anything away from the property

2. In order to recieve protection what must one do?
generally the use of a software to perform a job or deliver product
obtaining ownership by living on anothers property
must effectively try to acquire protection as well as keep the secret
taking property away from the owner with the intent of permanently removing them of ownership

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

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4. Title VII protected categories?
used by members of a cooperative organization to certify the quality of service or product
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
sally would possess an easement in this case - the right to travel across property owner peter's land
race - sex - national origin - color - religion

5. Reasonable accommodation requirements by the ADA
process of hiding the source of illegally acquired funds
distinctive decor - menu - style - service of an offering
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused

6. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
probable cause
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.

7. How are trade secrets treated and protected?
finder after obtaining a title
sufficient evidence
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
owners of secret must try and protect - destroy garbage

8. Patent Requirements
first person to invent not file for patent
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
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
novel - useful - non obvious

9. Collective mark
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
used by members of a cooperative organization to certify the quality of service or product
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine

10. Fair use is limited to?
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
race - sex - national origin - color - religion
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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

11. Constructive bailments are?

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12. What are strong Marks?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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

13. What are the requirements for making a gift an effective transfer of ownership?
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
novel - useful - non obvious
intent - delivery - acceptance
20 years from filing

14. Tenancy by the entirety - or community ownership
entry of a plea - guilty/ not guilty
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50

15. In real property law who is considered to be the servient estate?
sufficient evidence
work for a company with more than 50 employees - employed for a year - and must try to give notice
the property that is burdened by a profit
classic stone corp. owns a profit in gross - and cannot transfer this right to another

16. The madrid protocol accomplishes what?
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
streamlines and standardizes the processes for applying for a trademark abroad
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark

17. Special Bailments
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
ownership rights to property
race - sex - national origin - color - religion

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

19. Sambucks vs. starbucks
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
given exclusive possession and control over property - and knowingly accept responsibility

20. How long are patents protected?
20 years from filing
secondary meaning
criticism - use in satire - news report - use to educate
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

21. Are compilation of facts copyrightable? case example
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
criticism - use in satire - news report - use to educate
taking property away from the owner with the intent of permanently removing them of ownership
yes - the particular presentation of known facts in the yellow pages for example is copyrightable

22. What is legally a disability?
a physical or mental impairment that substantially limits one or more major life activities
No - property gifts are 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
first person to invent not file for patent

23. How can someone legally acquire trade secrets?
reverse engineer - go through garbage..
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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

24. Remedies for patent infringement
fraudulent miss-use of funds that have been entrusted to them
intent - delivery - acceptance
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement

25. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
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
fraudulent miss-use of funds that have been entrusted to them
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

26. What is an implied warranty of habitability?
secondary meaning
reverse engineer - go through garbage..
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

27. Mistake of fact criminal defense example

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28. Patents allow for the owner to?
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the 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

29. What is protected expression?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
intent - delivery - acceptance
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

30. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
No - but if they find any other reason - like you have been late often than you'll probably get fired
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
ownership rights to property

31. In order to receive protection under the family medical leave act - one must?
given exclusive possession and control over property - and knowingly accept responsibility
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
work for a company with more than 50 employees - employed for a year - and must try to give notice

32. Adverse possession
ownership rights to property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
obtaining ownership by living on anothers property
record of such condition - being regarded as actually having a condition

33. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
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
must effectively try to acquire protection as well as keep the secret

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
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
generally the use of a software to perform a job or deliver product
classic stone corp. owns a profit in gross - and cannot transfer this right to another

35. Do Deeds require consideration to be valid?
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
agreement permitting use of a trademark
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
No - property gifts are common

36. What is a conveyance?
cannot be tried again - no appeal
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
a deed that transfers interest in a life estate from one to another
given exclusive possession and control over property - and knowingly accept responsibility

37. Reverse discrimination example firefighters
secondary meaning
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
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
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

38. What is secondary meaning?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
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

39. What kind of mistake can be used as criminal defense?
secondary meaning
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
mistake of fact
prohibits excessive bail and fines - cruel and unusual punishment

40. Age discrimination achieves what?
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name

41. EEOC is responsible for doing what?
multiple owners of real or personal property
prohibits excessive bail and fines - cruel and unusual punishment
secondary meaning
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

42. 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?
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
voluntarily parted with at the time - but then later tries to find it
sufficient evidence
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages

43. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
the property that will benefit from a profit
criminal defense stating that a crime was necessary in preventing an even greater crime

44. Avery conveys - transfers - to classic stone corporation the right to come onto her land and remove up to five hundred pounds of marble per day. What is this called? can classic stone corp. transfer this right?
streamlines and standardizes the processes for applying for a trademark abroad
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
agreement permitting use of a trademark
classic stone corp. owns a profit in gross - and cannot transfer this right to another

45. Discrimination during the hiring process is acceptable when?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
fraudulent miss-use of funds that have been entrusted to them
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
criminal defense stating that a crime was necessary in preventing an even greater crime

46. Concurrent ownership
can appeal - subject to new trial
reverse engineer - go through garbage..
multiple owners of real or personal property
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

47. Secondary Meaning Example frosty treats
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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

48. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
voluntarily parted with at the time - but then later tries to find it
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter

49. Fair labor standards act covers issues such as?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
the corporation could have prevented such acts
hours of employment - conditions - age of workers

50. In order for a disability to be legally recognized what must exist?
record of such condition - being regarded as actually having a condition
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment