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

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2. EEOC is responsible for doing what?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
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.


3. What is a job offer?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
20 years from filing
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
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


4. Is it a fixture?
20 years from filing
intent when attached and will item be damaged because of removal? hard to determine
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
secondary meaning


5. Title VII prevents discrimination in?

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6. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
any party can terminate an employment arrangement at anytime no questions asked
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


7. Possible ruling interpretations for accession cases
20 years from filing
signed by hundreds of countries that establishes standards for the international protection of intellectual property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


8. What is an implied warranty of habitability?
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
generally the use of a software to perform a job or deliver product
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
members cannot give nationals favorable treatment


9. Country club case
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
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
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. Constructive bailments are?

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11. Concurrent ownership
multiple owners of real or personal property
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
streamlines and standardizes the processes for applying for a trademark abroad
sufficient evidence


12. Arraignment is what?
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
entry of a plea - guilty/ not guilty
sufficient evidence
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


13. Special Bailments
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


14. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
the corporation could have prevented such acts
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
who has been using it first or filed for it first


15. Service mark
work for a company with more than 50 employees - employed for a year - and must try to give notice
intent - delivery - acceptance
the property that will benefit from a profit
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


16. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
offering someone who works at a different firm money for their trade secrets
record of such condition - being regarded as actually having a condition
members cannot give nationals favorable treatment


17. Roman Catholic Church V. Prince Reality Management regarding a license?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
process of hiding the source of illegally acquired funds
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
can appeal - subject to new trial


18. Do Deeds require consideration to be valid?
given exclusive possession and control over property - and knowingly accept responsibility
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
No - property gifts are common


19. What must a deed possess to be valid?

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20. What happens when land is sold that is growing crops?
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
members cannot give nationals favorable treatment
crops is considered to be real property and should be considered in the sale of such property.


21. Triple amount of damages definition
treble damages
secondary meaning
it rewards citizens for putting land to good use rather than just sitting on expanses of property
process of hiding the source of illegally acquired funds


22. What is a covenant of quiet enjoyment?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
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
a warranty that the buyer will not be disturbed in their possession of the land


23. What is legally a disability?
owner of premise where it was found - after good title is acquired
a physical or mental impairment that substantially limits one or more major life activities
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


24. How is the right to use a trademark determined?
who has been using it first or filed for it first
used by members of a cooperative organization to certify the quality of service or product
the right to enter onto another persons property with the intentions of removing something valuable
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


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
classic stone corp. owns a profit in gross - and cannot transfer this right to another
any party can terminate an employment arrangement at anytime no questions asked
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


26. In order to prove discrimination in hiring one has to prove?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
document by which title to property is passed
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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


27. The madrid protocol accomplishes what?
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
streamlines and standardizes the processes for applying for a trademark abroad
voluntarily parted with at the time - but then later tries to find it
a warranty that the buyer will not be disturbed in their possession of the land


28. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
mental state or intent part 2 of 2 for determining criminal liability
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


29. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
arises when customers begin to associate a specific term or phrase with specific trademarked items
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
must effectively try to acquire protection as well as keep the secret


30. 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?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
breaking into a residence with the intent of performing a felony. this is a crime against property.
classic stone corp. owns a profit in gross - and cannot transfer this right to another
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


31. Collective mark
can appeal - subject to new trial
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
must effectively try to acquire protection as well as keep the secret
used by members of a cooperative organization to certify the quality of service or product


32. Reasonable accommodation requirements by the ADA
voluntarily parted with at the time - but then later tries to find it
who has been using it first or filed for it first
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


33. Candyland example?
members cannot give nationals favorable treatment
race - sex - national origin - color - religion
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
a deed that transfers interest in a life estate from one to another


34. Are compilation of facts copyrightable? case example
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
streamlines and standardizes the processes for applying for a trademark abroad
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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


35. Mail fraud act example senator?
fraudulent miss-use of funds that have been entrusted to them
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
a physical or mental impairment that substantially limits one or more major life activities


36. What is protected expression?
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


37. The WARN act calls for what?
the corporation could have prevented such acts
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
must effectively try to acquire protection as well as keep the secret
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


38. Robbery
secondary meaning
intent when attached and will item be damaged because of removal? hard to determine
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


39. Workers comp and negligence

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40. Fair labor standards act covers issues such as?
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
hours of employment - conditions - age of workers
another persons right to make limited use of another persons real property without taking anything away from the property
owner of premise where it was found - after good title is acquired


41. 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
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
owners of secret must try and protect - destroy garbage


42. Duress criminal defense
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
cannot be tried again - no appeal
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


43. 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
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
key words of a website that are used for search engines


44. Employers should handle hostile environments regarding protected members of title 7 by?
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
sufficient evidence
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


45. Examples of collective marks
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
fraudulent miss-use of funds that have been entrusted to them


46. In real property law who is considered to be the dominant estate?
criminal defense stating that a crime was necessary in preventing an even greater crime
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
the property that will benefit from a profit
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


47. What is a warranty deed?
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
owner of premise where it was found - after good title is acquired
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
first person to invent not file for patent


48. Adverse possession
another persons right to make limited use of another persons real property without taking anything away from the property
obtaining ownership by living on anothers property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
breaking into a residence with the intent of performing a felony. this is a crime against property.


49. How can someone legally acquire trade secrets?
arises when customers begin to associate a specific term or phrase with specific trademarked items
reverse engineer - go through garbage..
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
conditional gifts that are only accepted upon the performance of marriage


50. Napster example?
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
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
used by members of a cooperative organization to certify the quality of service or product
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files