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. In order to recieve protection what must one do?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
must effectively try to acquire protection as well as keep the secret
streamlines and standardizes the processes for applying for a trademark abroad


2. Adverse possession
generally the use of a software to perform a job or deliver product
obtaining ownership by living on anothers property
probable cause
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


3. What are some criminal defenses
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


4. Fair labor standards act covers issues such as?
can appeal - subject to new trial
fraudulent miss-use of funds that have been entrusted to them
hours of employment - conditions - age of workers
first person to invent not file for patent


5. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


6. What is retaliatory discharge?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
work for a company with more than 50 employees - employed for a year - and must try to give notice


7. Responsible corporate officer doctrine?
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+
voluntarily parted with at the time - but then later tries to find it
No - but if they find any other reason - like you have been late often than you'll probably get fired


8. Steps to determining trademark infringement?
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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


9. George V restauration s.a. V. Little Rest Twelve licensing case example

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10. When property is found who gets property when it was abondoned?
the property that is burdened by a profit
property of one person rightfully in possession of another - custody
finder after obtaining a title
mental state or intent part 2 of 2 for determining criminal liability


11. Roman Catholic Church V. Prince Reality Management regarding a license?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
must effectively try to acquire protection as well as keep the secret
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


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

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13. Constructive bailments are?

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14. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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
entry of a plea - guilty/ not guilty


15. What is a covenant of quiet enjoyment?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
a warranty that the buyer will not be disturbed in their possession of the land
the right to enter onto another persons property with the intentions of removing something valuable


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

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17. Country club case
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
novel - useful - non obvious


18. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
offering someone who works at a different firm money for their trade secrets
multiple owners of real or personal property


19. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
the corporation could have prevented such acts
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


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

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21. Reasonable accommodation requirements by the ADA
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


22. What is not copyrightable?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
10 year period renewable
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


23. Are commercial flights permitted to fly over private property?
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
members cannot give nationals favorable treatment
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
10 year period renewable


24. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
it rewards citizens for putting land to good use rather than just sitting on expanses of property
distinctive decor - menu - style - service of an offering


25. How long are patents protected?
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
20 years from filing
record of such condition - being regarded as actually having a condition
streamlines and standardizes the processes for applying for a trademark abroad


26. Generic terms can never have?
probable cause
secondary meaning
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.
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


27. Do Deeds require consideration to be valid?
fraudulent miss-use of funds that have been entrusted to them
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
No - property gifts are common
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


28. Fair use doctrine
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
allows for use of copyrighted material under certain guidelines
intent - delivery - acceptance
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe


29. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
process of hiding the source of illegally acquired funds
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
it rewards citizens for putting land to good use rather than just sitting on expanses of property
secondary meaning


30. Fair use is limited to?
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
the property that will benefit from a profit
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


31. What composes RICO?
hours of employment - conditions - age of workers
No - they are considered to be goods and is governed by the uniform commercial code
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
a deed that transfers interest in a life estate from one to another


32. Reverse discrimination example firefighters
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
probable cause
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
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


33. Arrest requires
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
probable cause


34. What protection does the 8th amendment provide?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
prohibits excessive bail and fines - cruel and unusual punishment
fraudulent miss-use of funds that have been entrusted to them
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


35. What is can be considered trade dress?
No - but if they find any other reason - like you have been late often than you'll probably get fired
intent when attached and will item be damaged because of removal? hard to determine
distinctive decor - menu - style - service of an offering
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


36. What must a deed possess to be valid?

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37. Are crops real property when they are sold?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
10 year period renewable
No - they are considered to be goods and is governed by the uniform commercial code
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


38. Tenancy by the entirety - or community ownership
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
intent - delivery - acceptance


39. Trademarks are good for? are they renewable
10 years and it is renewable
10 year period renewable
criminal defense stating that a crime was necessary in preventing an even greater crime
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


40. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
the right to enter onto another persons property with the intentions of removing something valuable
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


41. Tenancy in common
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


42. What are strong Marks?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
treble damages


43. Difference between joint tenancy and tenancy in 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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
conditional gifts that are only accepted upon the performance of marriage


44. What is protected expression?
this for that - sexual favors - general conduct however one incident is not enough
criticism - use in satire - news report - use to educate
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


45. In the united states who gets the patent if there is a conflict?
first person to invent not file for patent
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
sally would possess an easement in this case - the right to travel across property owner peter's land


46. TRIPS agreement
No - they are considered to be goods and is governed by the uniform commercial code
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


47. The WARN act calls for what?
voluntarily parted with at the time - but then later tries to find it
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


48. Title VII protected categories?
breaking into a residence with the intent of performing a felony. this is a crime against property.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
race - sex - national origin - color - religion
probable cause


49. Trademark dilution
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
document by which title to property is passed
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


50. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
generally the use of a software to perform a job or deliver product
key words of a website that are used for search engines
probable cause