Instructions:

• Answer 50 questions in 15 minutes.
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• Match each statement with the correct term.
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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. Fair use is limited to?
No - property gifts are common
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
classic stone corp. owns a profit in gross - and cannot transfer this right to another
intent when attached and will item be damaged because of removal? hard to determine


2. In real property law who is considered to be the dominant estate?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
the property that will benefit from a profit
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
a physical or mental impairment that substantially limits one or more major life activities


3. Strong Marks Case Example

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4. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
sufficient evidence
hours of employment - conditions - age of workers
race - sex - national origin - color - religion


5. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
generally the use of a software to perform a job or deliver product
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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


6. In order to prove discrimination in hiring one has to prove?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
offering someone who works at a different firm money for their trade secrets
used by members of a cooperative organization to certify the quality of service or product


7. Necessity defense
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
criminal defense stating that a crime was necessary in preventing an even greater crime
probable cause
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


8. When property is found who gets property when it was abondoned?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
treble damages
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
finder after obtaining a title


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

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10. Meta tags
can appeal - subject to new trial
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
key words of a website that are used for search engines
taking property away from the owner with the intent of permanently removing them of ownership


11. Example of an exception to the at will doctrine based on tort theory
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
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
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 is burdened by a profit


12. 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?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
any party can terminate an employment arrangement at anytime no questions asked
classic stone corp. owns a profit in gross - and cannot transfer this right 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


13. TRIPS agreement
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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


14. What is a warranty deed?
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
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
a warranty that the buyer will not be disturbed in their possession of the land
any party can terminate an employment arrangement at anytime no questions asked


15. Constructive bailments are?

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16. What are some criminal defenses
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
it is a federal crime to use the us postal service to defraud others on false pretenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
key words of a website that are used for search engines


17. Mail Fraud Act of 1990 is what?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
sally would possess an easement in this case - the right to travel across property owner peter's land
the right to enter onto another persons property with the intentions of removing something valuable
it is a federal crime to use the us postal service to defraud others on false pretenses


18. Americans with disabilities act accomplishes what?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
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.


19. In order for a disability to be legally recognized what must exist?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
record of such condition - being regarded as actually having a condition
another persons right to make limited use of another persons real property without taking anything away from the property
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


20. Patent Requirements
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
novel - useful - non obvious
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
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


21. What must a deed possess to be valid?

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22. How are trade secrets treated and protected?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owners of secret must try and protect - destroy garbage
offering someone who works at a different firm money for their trade secrets
work for a company with more than 50 employees - employed for a year - and must try to give notice


23. Can you be fired for whistle blowing?

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

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25. Joint tenancy
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
offering someone who works at a different firm money for their trade secrets
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


26. What is can be considered trade dress?
a warranty that the buyer will not be disturbed in their possession of the land
intent - delivery - acceptance
distinctive decor - menu - style - service of an offering
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


27. Age discrimination achieves what?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
10 years and it is renewable
20 years from filing
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


28. What protection does the 8th amendment provide?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
prohibits excessive bail and fines - cruel and unusual punishment
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
No - but if they find any other reason - like you have been late often than you'll probably get fired


29. Are crops real property when they are sold?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
No - they are considered to be goods and is governed by the uniform commercial code
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


30. Discrimination during the hiring process is acceptable when?
can appeal - subject to new trial
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
allows for use of copyrighted material under certain guidelines
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


31. Do Deeds require consideration to be valid?
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
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
No - property gifts are common
obtaining ownership by living on anothers property


32. Examples of collective marks
streamlines and standardizes the processes for applying for a trademark abroad
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
offering someone who works at a different firm money for their trade secrets
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


33. How can someone legally acquire trade secrets?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
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
reverse engineer - go through garbage..


34. EEOC is responsible for doing what?
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
who has been using it first or filed for it first


35. Mislaid property
probable cause
voluntarily parted with at the time - but then later tries to find it
owner of premise where it was found - after good title is acquired
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


36. The Berne Convention
criminal defense stating that a crime was necessary in preventing an even greater crime
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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
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


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

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38. Special Bailments
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
property of one person rightfully in possession of another - custody
sexual harassment is protected under title 7 because it effects genders differently in the workplace


39. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
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
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
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


40. 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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41. In the united states who gets the patent if there is a conflict?
the property that is burdened by a profit
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
first person to invent not file for patent
arises when customers begin to associate a specific term or phrase with specific trademarked items


42. Attorney client privilege accomplishes what?
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
another persons right to make limited use of another persons real property without taking anything away from the property
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
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


43. 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
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
ownership rights to property
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


44. What is a Deed
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
document by which title to property is passed
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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


45. What happens when land is sold that is growing crops?
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
crops is considered to be real property and should be considered in the sale of such property.
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
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


46. Outcome of a unanimous guilty verdict?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
can appeal - subject to new trial


47. What determines likeliness of confusion?
fraudulent miss-use of funds that have been entrusted to them
agreement permitting use of a trademark
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


48. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
the property that is burdened by a profit


49. Arrest requires
process of hiding the source of illegally acquired funds
arises when customers begin to associate a specific term or phrase with specific trademarked items
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
probable cause


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

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