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 legally a disability?
birth - child placement - employee health - care for spouse - child - or parent - military duty
a physical or mental impairment that substantially limits one or more major life activities
owner of premise where it was found - after good title is acquired
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


2. How long is a trademark protected? is it renewable
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
10 years and it is renewable
distinctive decor - menu - style - service of an offering
owners of secret must try and protect - destroy garbage


3. Joint tenancy
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
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
ownership rights to property
No - but if they find any other reason - like you have been late often than you'll probably get fired


4. Meta tag example about terri welles
10 year period renewable
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
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. Can you be fired for whistle blowing?

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6. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
record of such condition - being regarded as actually having a condition


7. A woman checks her coat at a restaurant - and when she gets her coat back her expensive necklace is gone - can the woman sue the restaurant?
race - sex - national origin - color - religion
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
streamlines and standardizes the processes for applying for a trademark abroad
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


8. What are some criminal defenses
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
intent - delivery - acceptance
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


9. In order to receive protection under the family medical leave act - one must?
work for a company with more than 50 employees - employed for a year - and must try to give notice
members cannot give nationals favorable treatment
owners of secret must try and protect - destroy garbage
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


10. 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?
members cannot give nationals favorable treatment
classic stone corp. owns a profit in gross - and cannot transfer this right to another
10 years and it is renewable
who has been using it first or filed for it first


11. What terminates an easement?
ownership rights to property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
first person to invent not file for patent


12. Purpose of criminal penalties?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
any party can terminate an employment arrangement at anytime no questions asked


13. Steps to determining trademark infringement?
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
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
crops is considered to be real property and should be considered in the sale of such property.


14. What is a job offer?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
record of such condition - being regarded as actually having a condition


15. What is a conveyance?
a deed that transfers interest in a life estate from one to another
streamlines and standardizes the processes for applying for a trademark abroad
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
10 years and it is renewable


16. In real property law who is considered to be the servient estate?
the property that will benefit from a profit
the property that is burdened by 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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


17. Possible ruling interpretations for accession cases
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
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+
document by which title to property is passed


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

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19. What is the determining issue when proving entrapment?
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
first person to invent not file for patent


20. What must a deed possess to be valid?

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21. Attorney client privilege accomplishes what?
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
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
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


22. Mistake of fact criminal defense example

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23. Example of an exception to the at will doctrine based on tort theory
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
members cannot give nationals favorable treatment
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
offering someone who works at a different firm money for their trade secrets


24. Embezzlement
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
sufficient evidence
the right to enter onto another persons property with the intentions of removing something valuable
fraudulent miss-use of funds that have been entrusted to them


25. Commercial bribery example
streamlines and standardizes the processes for applying for a trademark abroad
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
offering someone who works at a different firm money for their trade secrets
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


26. Determining disability regarding with and without equipment?
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
obtaining ownership by living on anothers property
entry of a plea - guilty/ not guilty
No - property gifts are common


27. Example of an exception to the at will doctrine based on contract theory
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
signed by hundreds of countries that establishes standards for the international protection of intellectual property
intent when attached and will item be damaged because of removal? hard to determine


28. How is the right to use a trademark determined?
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
allows for use of copyrighted material under certain guidelines
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
who has been using it first or filed for it first


29. 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
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 right to enter onto another persons property with the intentions of removing something valuable
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


30. How can you come to possess land through adverse possession?
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
obtaining ownership by living on anothers property


31. 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
20 years from filing
the property that is burdened by a profit
crops is considered to be real property and should be considered in the sale of such property.


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

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33. Workers comp and negligence

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34. 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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35. License in trademark law?
agreement permitting use of a trademark
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
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
document by which title to property is passed


36. Mislaid 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
given exclusive possession and control over property - and knowingly accept responsibility
voluntarily parted with at the time - but then later tries to find it
No - they are considered to be goods and is governed by the uniform commercial code


37. Constructive bailments are?

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38. Napster example?
must effectively try to acquire protection as well as keep the secret
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


39. Larceny
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
taking property away from the owner with the intent of permanently removing them of ownership
must effectively try to acquire protection as well as keep the secret


40. Gold club corporate criminal liability example?
record of such condition - being regarded as actually having a condition
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
criminal defense stating that a crime was necessary in preventing an even greater crime


41. Patents allow for the owner to?
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
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


42. Arraignment is what?
entry of a plea - guilty/ not guilty
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
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


43. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
intent - delivery - acceptance
the corporation could have prevented such acts


44. Fair labor standards act covers issues such as?
hours of employment - conditions - age of workers
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
crops is considered to be real property and should be considered in the sale of such property.


45. Necessity defense
a physical or mental impairment that substantially limits one or more major life activities
intent - delivery - acceptance
criminal defense stating that a crime was necessary in preventing an even greater crime
test is originality - lasts life of creator - protection is automatic


46. Adverse possession
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
streamlines and standardizes the processes for applying for a trademark abroad
conditional gifts that are only accepted upon the performance of marriage
obtaining ownership by living on anothers property


47. Copyright requirements
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
test is originality - lasts life of creator - protection is automatic
allows for use of copyrighted material under certain guidelines
intent when attached and will item be damaged because of removal? hard to determine


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
test is originality - lasts life of creator - protection is automatic
10 year period renewable
ownership rights to property


49. What composes RICO?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
offering someone who works at a different firm money for their trade secrets
finder after obtaining a title
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


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

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