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. When property is found who gets property when it was abondoned?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
finder after obtaining a title
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


2. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
streamlines and standardizes the processes for applying for a trademark abroad
allows for use of copyrighted material under certain guidelines
process of hiding the source of illegally acquired funds


3. Tenancy by the entirety - or community ownership
taking property away from the owner with the intent of permanently removing them of ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


4. Concurrent ownership
multiple owners of real or personal property
document by which title to property is passed
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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


5. Gold club corporate criminal liability example?
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
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


6. How is the right to use a trademark determined?
who has been using it first or filed for it first
must effectively try to acquire protection as well as keep the secret
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


7. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
secondary meaning
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
owner of premise where it was found - after good title is acquired


8. Darst V. Interstate Brands Corp. regarding family and medical leave rights
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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


9. In order for a disability to be legally recognized what must exist?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
property of one person rightfully in possession of another - custody
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
record of such condition - being regarded as actually having a condition


10. Arrest requires
probable cause
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
this for that - sexual favors - general conduct however one incident is not enough


11. TRIPS agreement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
multiple owners of real or personal property
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence


12. Difference between joint tenancy and tenancy in common?
reverse engineer - go through garbage..
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


13. Title VII prevents discrimination in?

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14. What protection does the 8th amendment provide?
10 years and it is renewable
prohibits excessive bail and fines - cruel and unusual punishment
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


15. The EEOC requires that victims do what before they hold employers liable?
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
entry of a plea - guilty/ not guilty
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
mistake of fact


16. What protection does the 6th amendment provide?
birth - child placement - employee health - care for spouse - child - or parent - military duty
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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


17. What is the determining issue when proving entrapment?
reverse engineer - go through garbage..
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
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
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


18. Meta tags
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
process of hiding the source of illegally acquired funds
key words of a website that are used for search engines
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


19. Steps to determining trademark infringement?
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
secondary meaning
the property that will benefit from a profit
the right to enter onto another persons property with the intentions of removing something valuable


20. What is a job offer?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
probable cause


21. Outcome of unanimous not guilty?
cannot be tried again - no appeal
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
key words of a website that are used for search engines
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


22. What could be considered as sexual harassment in the work place
a deed that transfers interest in a life estate from one to another
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 for that - sexual favors - general conduct however one incident is not enough
taking property away from the owner with the intent of permanently removing them of ownership


23. Arraignment is what?
entry of a plea - guilty/ not guilty
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
offering someone who works at a different firm money for their trade secrets
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


24. What kind of mistake can be used as criminal defense?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
it rewards citizens for putting land to good use rather than just sitting on expanses of property
No - but if they find any other reason - like you have been late often than you'll probably get fired
mistake of fact


25. How are trade secrets treated and protected?
owners of secret must try and protect - destroy garbage
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
hours of employment - conditions - age of workers
voluntarily parted with at the time - but then later tries to find it


26. Triple amount of damages definition
treble damages
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
No - but if they find any other reason - like you have been late often than you'll probably get fired


27. What is not copyrightable?
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
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
10 years and it is renewable
entry of a plea - guilty/ not guilty


28. In real property law who is considered to be the servient estate?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the property that is burdened by a profit
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


29. What is retaliatory discharge?
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
No - property gifts are common


30. Strong Marks Case Example

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31. EEOC is responsible for doing what?
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
cannot be tried again - no appeal
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


32. The madrid protocol accomplishes what?
it is a federal crime to use the us postal service to defraud others on false pretenses
criminal defense stating that a crime was necessary in preventing an even greater crime
streamlines and standardizes the processes for applying for a trademark abroad
test is originality - lasts life of creator - protection is automatic


33. Mens Rea
the property that will benefit from a profit
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
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mental state or intent part 2 of 2 for determining criminal liability


34. Adverse possession
obtaining ownership by living on anothers property
mistake of fact
the corporation could have prevented such acts
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


35. Determining disability regarding with and without equipment?
generally the use of a software to perform a job or deliver product
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
key words of a website that are used for search engines
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


36. Copyright requirements
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
test is originality - lasts life of creator - protection is automatic
streamlines and standardizes the processes for applying for a trademark abroad
a deed that transfers interest in a life estate from one to another


37. 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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38. Generic terms can never have?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
race - sex - national origin - color - religion
No - they are considered to be goods and is governed by the uniform commercial code
secondary meaning


39. What is a Deed
secondary meaning
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
given exclusive possession and control over property - and knowingly accept responsibility
document by which title to property is passed


40. What are strong Marks?
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
the property that will benefit from a profit
secondary meaning


41. Mail fraud act example senator?
given exclusive possession and control over property - and knowingly accept responsibility
another persons right to make limited use of another persons real property without taking anything away from the property
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


42. Are compilation of facts copyrightable? case example
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


43. Outcome of a unanimous guilty verdict?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
can appeal - subject to new trial
20 years from filing


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

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45. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
test is originality - lasts life of creator - protection is automatic
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


46. Are crops real property when they are sold?
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
another persons right to make limited use of another persons real property without taking anything away from the property
the property that is burdened by a profit


47. In order to receive protection under the family medical leave act - one must?
conditional gifts that are only accepted upon the performance of marriage
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


48. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
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
reverse engineer - go through garbage..
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


49. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
No - property gifts are common
treble damages
novel - useful - non obvious


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

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