Instructions:

• Answer 50 questions in 15 minutes.
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• 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. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
members cannot give nationals favorable treatment
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


2. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
birth - child placement - employee health - care for spouse - child - or parent - military duty
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


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

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4. Counterfeiting example? regarding punishment
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
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


5. What is a license considered to be in real property law?
arises when customers begin to associate a specific term or phrase with specific trademarked items
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 movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
sally would possess an easement in this case - the right to travel across property owner peter's land


6. Are commercial flights permitted to fly over private property?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


7. What is Actus Reus
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
hours of employment - conditions - age of workers
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


8. Determining disability regarding with and without equipment?
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
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
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


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

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10. Mail Fraud Act of 1990 is what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
prohibits excessive bail and fines - cruel and unusual punishment
it is a federal crime to use the us postal service to defraud others on false pretenses


11. Title VII protected categories?
race - sex - national origin - color - religion
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
the right to enter onto another persons property with the intentions of removing something valuable
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


12. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
members cannot give nationals favorable treatment
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 when attached and will item be damaged because of removal? hard to determine


13. Is it a fixture?
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
arises when customers begin to associate a specific term or phrase with specific trademarked items
intent - delivery - acceptance
intent when attached and will item be damaged because of removal? hard to determine


14. How long are patents protected?
20 years from filing
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.
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


15. Commercial bribery example
criminal defense stating that a crime was necessary in preventing an even greater crime
who has been using it first or filed for it first
allows for use of copyrighted material under certain guidelines
offering someone who works at a different firm money for their trade secrets


16. Reasonable accommodation requirements by the ADA
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
race - sex - national origin - color - religion
sally would possess an easement in this case - the right to travel across property owner peter's land
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


17. What protection does the 6th amendment provide?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace


18. Triple amount of damages definition
treble damages
agreement permitting use of a trademark
a warranty that the buyer will not be disturbed in their possession of the land
work for a company with more than 50 employees - employed for a year - and must try to give notice


19. What is the result of a mistrial or a hung jury?
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.
arises when customers begin to associate a specific term or phrase with specific trademarked items
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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


20. Arraignment is what?
entry of a plea - guilty/ not guilty
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


21. Meta tags
conditional gifts that are only accepted upon the performance of marriage
key words of a website that are used for search engines
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


22. Can you be fired for whistle blowing?

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23. What could be considered as sexual harassment in the work place
allows for use of copyrighted material under certain guidelines
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
this for that - sexual favors - general conduct however one incident is not enough
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. 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
the property that is burdened by a profit
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


25. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
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 the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
criminal defense stating that a crime was necessary in preventing an even greater crime


26. How is the right to use a trademark determined?
who has been using it first or filed for it first
secondary meaning
a physical or mental impairment that substantially limits one or more major life activities
signed by hundreds of countries that establishes standards for the international protection of intellectual property


27. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
document by which title to property is passed
secondary meaning
race - sex - national origin - color - religion
given exclusive possession and control over property - and knowingly accept responsibility


28. Darst V. Interstate Brands Corp. regarding family and medical leave rights
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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
taking property away from the owner with the intent of permanently removing them of ownership


29. What are the requirements for making a gift an effective transfer of ownership?
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance
criticism - use in satire - news report - use to educate
the right to enter onto another persons property with the intentions of removing something valuable


30. Examples of collective marks
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
10 year period renewable
sexual harassment is protected under title 7 because it effects genders differently in the workplace


31. What uses fall under the fair use doctrine?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
criticism - use in satire - news report - use to educate
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
generally the use of a software to perform a job or deliver product


32. Americans with disabilities act accomplishes what?
No - they are considered to be goods and is governed by the uniform commercial code
mistake of fact
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


33. Generic terms can never have?
secondary meaning
arises when customers begin to associate a specific term or phrase with specific trademarked items
any party can terminate an employment arrangement at anytime no questions asked
offering someone who works at a different firm money for their trade secrets


34. What protection does the 8th amendment provide?
probable cause
prohibits excessive bail and fines - cruel and unusual punishment
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


35. Mistake of fact criminal defense example

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36. 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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
allows for use of copyrighted material under certain guidelines
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


37. In order for a disability to be legally recognized what must exist?
must effectively try to acquire protection as well as keep the secret
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
record of such condition - being regarded as actually having a condition


38. What happens when land is sold that is growing crops?
10 year period renewable
crops is considered to be real property and should be considered in the sale of such property.
sufficient evidence
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.


39. Napster example?
multiple owners of real or personal property
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
given exclusive possession and control over property - and knowingly accept responsibility
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


40. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
used by members of a cooperative organization to certify the quality of service or product
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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


41. Trademark dilution
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
20 years from filing
prohibits excessive bail and fines - cruel and unusual punishment
cannot be tried again - no appeal


42. Patent Requirements
novel - useful - non obvious
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
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


43. Mail fraud act example senator?
intent when attached and will item be damaged because of removal? hard to determine
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


44. Adverse possession
the corporation could have prevented such acts
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
obtaining ownership by living on anothers property
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


45. Derivative work
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
intent when attached and will item be damaged because of removal? hard to determine


46. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
members cannot give nationals favorable treatment


47. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
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


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

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49. In real property law who is considered to be the dominant estate?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
process of hiding the source of illegally acquired funds
test is originality - lasts life of creator - protection is automatic
the property that will benefit from a profit


50. Age discrimination achieves what?
hours of employment - conditions - age of workers
classic stone corp. owns a profit in gross - and cannot transfer this right to another
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+