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 composes RICO?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
crops is considered to be real property and should be considered in the sale of such property.
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


2. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
record of such condition - being regarded as actually having a condition
process of hiding the source of illegally acquired funds
entry of a plea - guilty/ not guilty


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

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4. What is an implied warranty of habitability?
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
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
this for that - sexual favors - general conduct however one incident is not enough
owners of secret must try and protect - destroy garbage


5. What must a deed possess to be valid?

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6. Arraignment is what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
criminal defense stating that a crime was necessary in preventing an even greater crime
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
entry of a plea - guilty/ not guilty


7. What is a Deed
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
document by which title to property is passed
ownership rights to property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


8. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
sally would possess an easement in this case - the right to travel across property owner peter's land
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


9. Requirements of a bailement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
given exclusive possession and control over property - and knowingly accept responsibility
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


10. Patents allow for the owner to?
mental state or intent part 2 of 2 for determining criminal liability
used by members of a cooperative organization to certify the quality of service or product
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
this for that - sexual favors - general conduct however one incident is not enough


11. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
cannot be tried again - no appeal
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
secondary meaning


12. What is a conveyance?
a deed that transfers interest in a life estate from one to another
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
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
the property that will benefit from a profit


13. In the united states who gets the patent if there is a conflict?
sufficient evidence
first person to invent not file for patent
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
key words of a website that are used for search engines


14. In order to prove discrimination in hiring one has to prove?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
entry of a plea - guilty/ not guilty
No - they are considered to be goods and is governed by the uniform commercial code
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


15. Collective mark
used by members of a cooperative organization to certify the quality of service or product
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


16. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
crops is considered to be real property and should be considered in the sale of such property.
the property that is burdened by a profit
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


17. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
fraudulent miss-use of funds that have been entrusted to them
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
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


18. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
fraudulent miss-use of funds that have been entrusted to them


19. Title VII prevents discrimination in?

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20. What is the difference between real and personal property?
the property that will benefit from a profit
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
20 years from filing


21. Significance of coca-cola V. koke Co of America
cannot be tried again - no appeal
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
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
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


22. In order to receive protection under the family medical leave act - one must?
10 years and it is renewable
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
work for a company with more than 50 employees - employed for a year - and must try to give notice
can appeal - subject to new trial


23. Examples of collective marks
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal 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.


24. Derivative work
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


25. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
mental state or intent part 2 of 2 for determining criminal liability
breaking into a residence with the intent of performing a felony. this is a crime against property.
first person to invent not file for patent


26. How long is a copyright protected? for a corporation?
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
race - sex - national origin - color - religion
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


27. Workers comp and negligence

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28. Cybersquatting
prohibits excessive bail and fines - cruel and unusual punishment
the property that will benefit from a profit
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


29. Employers should handle hostile environments regarding protected members of title 7 by?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


30. Responsible corporate officer doctrine?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
ownership rights to property
it is a federal crime to use the us postal service to defraud others on false pretenses
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


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

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32. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
birth - child placement - employee health - care for spouse - child - or parent - military duty
finder after obtaining a title
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


33. Secondary Meaning Example frosty treats
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
race - sex - national origin - color - religion


34. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
ownership rights to property
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
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


35. What composes an 'at will doctrine'
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
any party can terminate an employment arrangement at anytime no questions asked
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
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


36. What is the result of a mistrial or a hung jury?
record of such condition - being regarded as actually having a condition
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


37. 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.
intent when attached and will item be damaged because of removal? hard to determine
multiple owners of real or personal property
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


38. Do Deeds require consideration to be valid?
birth - child placement - employee health - care for spouse - child - or parent - military duty
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
No - property gifts are common
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


39. Money laundering
process of hiding the source of illegally acquired funds
breaking into a residence with the intent of performing a felony. this is a crime against property.
generally the use of a software to perform a job or deliver product
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


40. Mistake of fact criminal defense example

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41. Mail Fraud Act of 1990 is what?
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
signed by hundreds of countries that establishes standards for the international protection of intellectual property


42. EEOC is responsible for doing what?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter


43. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
key words of a website that are used for search engines
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


44. What protection does the 8th amendment provide?
property of one person rightfully in possession of another - custody
prohibits excessive bail and fines - cruel and unusual punishment
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


45. Estray statutes encourage what?
taking property away from the owner with the intent of permanently removing them of ownership
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
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


46. Robbery
obtaining ownership by living on anothers property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
conditional gifts that are only accepted upon the performance of marriage
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


47. 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
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
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
entry of a plea - guilty/ not guilty


48. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


49. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
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


50. Fair use doctrine
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
allows for use of copyrighted material under certain guidelines
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired