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 is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
birth - child placement - employee health - care for spouse - child - or parent - military duty
another persons right to make limited use of another persons real property without taking anything away from the property
intent - delivery - acceptance


2. In real property law who is considered to be the servient estate?
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
the property that is burdened by a profit
process of hiding the source of illegally acquired funds
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


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

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4. What is an implied warranty of habitability?
the property that will benefit from a profit
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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


5. What is the difference between real and personal 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
arises when customers begin to associate a specific term or phrase with specific trademarked items
race - sex - national origin - color - religion


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

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7. What is a job offer?
sufficient evidence
race - sex - national origin - color - religion
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
work for a company with more than 50 employees - employed for a year - and must try to give notice


8. What are the requirements for adverse possession to be recognized?
multiple owners of real or personal property
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
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
10 year period renewable


9. EEOC is responsible for doing what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
secondary meaning
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
reverse engineer - go through garbage..


10. Mislaid property
voluntarily parted with at the time - but then later tries to find it
distinctive decor - menu - style - service of an offering
generally the use of a software to perform a job or deliver product
10 year period renewable


11. How are trade secrets treated and protected?
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
owners of secret must try and protect - destroy garbage
breaking into a residence with the intent of performing a felony. this is a crime against property.
signed by hundreds of countries that establishes standards for the international protection of intellectual property


12. Embezzlement
voluntarily parted with at the time - but then later tries to find it
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
fraudulent miss-use of funds that have been entrusted to them
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


13. Tenancy by the entirety - or community ownership
multiple owners of real or personal property
any party can terminate an employment arrangement at anytime no questions asked
used by members of a cooperative organization to certify the quality of service or product
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


14. Certification mark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
prohibits excessive bail and fines - cruel and unusual punishment
any party can terminate an employment arrangement at anytime no questions asked
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


15. When property is found who gets property when it was abondoned?
finder after obtaining a title
allows for use of copyrighted material under certain guidelines
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
birth - child placement - employee health - care for spouse - child - or parent - military duty


16. Secondary Meaning Example frosty treats
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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
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
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


17. 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
reverse engineer - go through garbage..
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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


18. Trademarks are good for? are they renewable
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
10 year period renewable
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
offering someone who works at a different firm money for their trade secrets


19. The WARN act calls for what?
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
taking property away from the owner with the intent of permanently removing them of ownership
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
document by which title to property is passed


20. Trademark dilution
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
allows for use of copyrighted material under certain guidelines
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


21. What composes RICO?
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
owners of secret must try and protect - destroy garbage
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
members cannot give nationals favorable treatment


22. Patent Requirements
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
taking property away from the owner with the intent of permanently removing them of ownership
novel - useful - non obvious
given exclusive possession and control over property - and knowingly accept responsibility


23. Outcome of a unanimous guilty verdict?
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
can appeal - subject to new trial
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


24. Mail Fraud Act of 1990 is what?
sally would possess an easement in this case - the right to travel across property owner peter's land
offering someone who works at a different firm money for their trade secrets
it is a federal crime to use the us postal service to defraud others on false pretenses
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


25. What is the purpose of the adverse possession doctrine?
must effectively try to acquire protection as well as keep the secret
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
property of one person rightfully in possession of another - custody
it rewards citizens for putting land to good use rather than just sitting on expanses of property


26. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


27. Purpose of criminal penalties?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
given exclusive possession and control over property - and knowingly accept responsibility
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


28. In order to recieve protection what must one do?
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
must effectively try to acquire protection as well as keep the secret


29. Triple amount of damages definition
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
treble damages
birth - child placement - employee health - care for spouse - child - or parent - military duty
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


30. What is protected expression?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


31. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
secondary meaning
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
10 year period renewable


32. Roman Catholic Church V. Prince Reality Management regarding a license?
criticism - use in satire - news report - use to educate
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


33. Strong Marks Case Example

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34. What kind of mistake can be used as criminal defense?
mistake of fact
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
the property that will benefit from a profit
probable cause


35. Indictment requires
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
sufficient evidence
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


36. Title VII prevents discrimination in?

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37. What protection does the 6th amendment provide?
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


38. Patents allow for the owner to?
20 years from filing
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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


39. Can you be fired for whistle blowing?

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40. Determining disability regarding with and without equipment?
distinctive decor - menu - style - service of an offering
used by members of a cooperative organization to certify the quality of service or product
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
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


41. Generic terms can never have?
secondary meaning
No - they are considered to be goods and is governed by the uniform commercial code
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
No - property gifts are common


42. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
intent when attached and will item be damaged because of removal? hard to determine
agreement permitting use of a trademark


43. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
members cannot give nationals favorable treatment


44. Counterfeiting example? regarding punishment
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
allows for use of copyrighted material under certain guidelines
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


45. Fair labor standards act covers issues such as?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
No - they are considered to be goods and is governed by the uniform commercial code
hours of employment - conditions - age of workers
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


46. What composes an 'at will doctrine'
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
it is a federal crime to use the us postal service to defraud others on false pretenses
any party can terminate an employment arrangement at anytime no questions asked
ownership rights to property


47. Mistake of fact criminal defense example

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48. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


49. Title VII protected categories?
No - they are considered to be goods and is governed by the uniform commercial code
race - sex - national origin - color - religion
finder after obtaining a title
a deed that transfers interest in a life estate from one to another


50. Burglary
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
breaking into a residence with the intent of performing a felony. this is a crime against property.
mental state or intent part 2 of 2 for determining criminal liability