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. Engagement rings are considered to be?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
conditional gifts that are only accepted upon the performance of marriage
No - property gifts are common


2. What must a deed possess to be valid?

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3. Generic terms can never have?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
secondary meaning
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


4. Arrest requires
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
probable cause
signed by hundreds of countries that establishes standards for the international protection of intellectual 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


5. What is a license considered to be in real property law?
criminal defense stating that a crime was necessary in preventing an even greater crime
No - property gifts are common
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


6. Facts to be used in the fair use standard are?
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


7. Constructive bailments are?

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8. How long is a trademark protected? is it renewable
10 years and it is renewable
test is originality - lasts life of creator - protection is automatic
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
document by which title to property is passed


9. Candyland example?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
offering someone who works at a different firm money for their trade secrets


10. Meta tag example about terri welles
offering someone who works at a different firm money for their trade secrets
crops is considered to be real property and should be considered in the sale of such property.
sally would possess an easement in this case - the right to travel across property owner peter's land
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


11. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
voluntarily parted with at the time - but then later tries to find it
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
birth - child placement - employee health - care for spouse - child - or parent - military duty


12. In real property law who is considered to be the dominant estate?
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 motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
the property that will benefit from 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


13. Mens Rea
mental state or intent part 2 of 2 for determining criminal liability
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
generally the use of a software to perform a job or deliver product
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


14. What is an easement?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
sufficient evidence
another persons right to make limited use of another persons real property without taking anything away from the property


15. Derivative work
work for a company with more than 50 employees - employed for a year - and must try to give notice
allows for use of copyrighted material under certain guidelines
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


16. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
ownership rights to property


17. Fair use is limited to?
cannot be tried again - no appeal
distinctive decor - menu - style - service of an offering
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
generally the use of a software to perform a job or deliver product


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

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19. Fair labor standards act covers issues such as?
multiple owners of real or personal property
hours of employment - conditions - age of workers
intent when attached and will item be damaged because of removal? hard to determine
taking property away from the owner with the intent of permanently removing them of ownership


20. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
secondary meaning
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


21. 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
10 year period renewable
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


22. Robbery
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
allows for use of copyrighted material under certain guidelines
criminal defense stating that a crime was necessary in preventing an even greater crime


23. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
owner of premise where it was found - after good title is acquired
key words of a website that are used for search engines


24. What are the requirements for making a gift an effective transfer of ownership?
intent - delivery - acceptance
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
distinctive decor - menu - style - service of an offering
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


25. Drake V. Walton County regarding the county taking property
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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.
the corporation could have prevented such acts


26. Title VII prevents discrimination in?

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27. Workers comp and negligence

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28. Purpose of criminal penalties?
a warranty that the buyer will not be disturbed in their possession of the land
multiple owners of real or personal property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


29. License in trademark law?
agreement permitting use of a trademark
document by which title to property is passed
who has been using it first or filed for it first
key words of a website that are used for search engines


30. How can someone legally acquire trade secrets?
process of hiding the source of illegally acquired funds
reverse engineer - go through garbage..
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
intent when attached and will item be damaged because of removal? hard to determine


31. Collective mark
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
criticism - use in satire - news report - use to educate
used by members of a cooperative organization to certify the quality of service or product


32. Trademark dilution
a warranty that the buyer will not be disturbed in their possession of the land
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
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
sally would possess an easement in this case - the right to travel across property owner peter's land


33. What are strong Marks?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


34. Meta tags
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
key words of a website that are used for search engines
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


35. The madrid protocol accomplishes what?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
signed by hundreds of countries that establishes standards for the international protection of intellectual property
streamlines and standardizes the processes for applying for a trademark abroad
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


36. What is the result of a mistrial or a hung jury?
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
hours of employment - conditions - age of workers
prohibits excessive bail and fines - cruel and unusual punishment
fraudulent miss-use of funds that have been entrusted to them


37. Bailments are?
who has been using it first or filed for it first
20 years from filing
property of one person rightfully in possession of another - custody
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


38. What is an easement by implication?
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
allows for use of copyrighted material under certain guidelines
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
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


39. What is can be considered trade dress?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
distinctive decor - menu - style - service of an offering
sexual harassment is protected under title 7 because it effects genders differently in the workplace
obtaining ownership by living on anothers property


40. Example of an exception to the at will doctrine based on tort theory
criminal defense stating that a crime was necessary in preventing an even greater crime
multiple owners of real or personal property
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
a warranty that the buyer will not be disturbed in their possession of the land


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

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42. Necessity defense
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
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
10 year period renewable


43. Patents allow for the owner to?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
multiple owners of real or personal property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
owners of secret must try and protect - destroy garbage


44. In order to receive protection under the family medical leave act - one must?
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
owners of secret must try and protect - destroy garbage
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


45. What protection does the 8th amendment provide?
ownership rights to property
prohibits excessive bail and fines - cruel and unusual punishment
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


46. In order to recieve protection what must one do?
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
must effectively try to acquire protection as well as keep the secret


47. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
another persons right to make limited use of another persons real property without taking anything away from the property
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
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


48. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


49. Estray statutes encourage what?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


50. What happens when land is sold that is growing crops?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
crops is considered to be real property and should be considered in the sale of such 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
birth - child placement - employee health - care for spouse - child - or parent - military duty