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. 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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2. License in trademark law?
breaking into a residence with the intent of performing a felony. this is a crime against property.
agreement permitting use of a trademark
allows for use of copyrighted material under certain guidelines
intent when attached and will item be damaged because of removal? hard to determine


3. Cybersquatting
criticism - use in satire - news report - use to educate
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
sally would possess an easement in this case - the right to travel across property owner peter's land
a deed that transfers interest in a life estate from one to another


4. Are crops real property when they are sold?
streamlines and standardizes the processes for applying for a trademark abroad
No - they are considered to be goods and is governed by the uniform commercial code
criminal defense stating that a crime was necessary in preventing an even greater crime
the property that will benefit from a profit


5. In the united states who gets the patent if there is a conflict?
owners of secret must try and protect - destroy garbage
criticism - use in satire - news report - use to educate
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
first person to invent not file for patent


6. 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
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
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


7. Concurrent ownership
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
multiple owners of real or personal property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


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

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9. The EEOC requires that victims do what before they hold employers liable?
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
race - sex - national origin - color - religion
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
used by members of a cooperative organization to certify the quality of service or product


10. Examples of collective marks
used by members of a cooperative organization to certify the quality of service or product
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
finder after obtaining a title


11. How can you come to possess land through adverse possession?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
No - property gifts are common
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
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. What uses fall under the fair use doctrine?
secondary meaning
criticism - use in satire - news report - use to educate
the corporation could have prevented such acts
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


13. Outcome of a unanimous guilty verdict?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
can appeal - subject to new trial


14. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
mental state or intent part 2 of 2 for determining criminal liability
reverse engineer - go through garbage..
document by which title to property is passed


15. Fair use doctrine
intent - delivery - acceptance
sally would possess an easement in this case - the right to travel across property owner peter's land
allows for use of copyrighted material under certain guidelines
secondary meaning


16. In order to recieve protection what must one do?
process of hiding the source of illegally acquired funds
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
must effectively try to acquire protection as well as keep the secret


17. How are trade secrets treated and protected?
novel - useful - non obvious
owners of secret must try and protect - destroy garbage
mental state or intent part 2 of 2 for determining criminal liability
criticism - use in satire - news report - use to educate


18. In order for a disability to be legally recognized what must exist?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
record of such condition - being regarded as actually having a condition


19. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
20 years from filing
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


20. Engagement rings are considered to be?
race - sex - national origin - color - religion
conditional gifts that are only accepted upon the performance of marriage
signed by hundreds of countries that establishes standards for the international protection of intellectual property
given exclusive possession and control over property - and knowingly accept responsibility


21. What is can be considered trade dress?
10 year period renewable
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
distinctive decor - menu - style - service of an offering
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


22. What kind of mistake can be used as criminal defense?
mistake of fact
the corporation could have prevented such acts
multiple owners of real or personal property
No - but if they find any other reason - like you have been late often than you'll probably get fired


23. Commercial bribery example
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
offering someone who works at a different firm money for their trade secrets
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
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


24. Arrest requires
test is originality - lasts life of creator - protection is automatic
probable cause
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


25. Copyright requirements
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning
test is originality - lasts life of creator - protection is automatic


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

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27. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
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
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


28. Generic terms can never have?
hours of employment - conditions - age of workers
secondary meaning
ownership rights to 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


29. Remedies for patent infringement
a deed that transfers interest in a life estate from one to another
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
entry of a plea - guilty/ not guilty


30. Secondary Meaning Example frosty treats
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
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
process of hiding the source of illegally acquired funds


31. What protection does the 6th amendment provide?
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
generally the use of a software to perform a job or deliver product


32. Steps to determining trademark infringement?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
agreement permitting use of a trademark
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


33. What are the requirements for adverse possession to be recognized?
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
crops is considered to be real property and should be considered in the sale of such property.
owners of secret must try and protect - destroy garbage


34. What composes RICO?
a deed that transfers interest in a life estate from one to another
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
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
a warranty that the buyer will not be disturbed in their possession of the land


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

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36. What is the determining issue when proving entrapment?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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


37. Patent Requirements
a warranty that the buyer will not be disturbed in their possession of the land
novel - useful - non obvious
streamlines and standardizes the processes for applying for a trademark abroad
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


38. Counterfeiting example? regarding punishment
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
work for a company with more than 50 employees - employed for a year - and must try to give notice


39. Facts to be used in the fair use standard are?
document by which title to property is passed
owner of premise where it was found - after good title is acquired
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


40. Mislaid property
No - they are considered to be goods and is governed by the uniform commercial code
sufficient evidence
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
voluntarily parted with at the time - but then later tries to find it


41. Triple amount of damages definition
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
treble damages
first person to invent not file for patent


42. Special Bailments
10 year period renewable
criminal defense stating that a crime was necessary in preventing an even greater crime
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


43. What is Actus Reus
any party can terminate an employment arrangement at anytime no questions asked
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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
No - they are considered to be goods and is governed by the uniform commercial code


44. What is an easement by implication?
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
process of hiding the source of illegally acquired funds
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


45. Napster example?
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
given exclusive possession and control over property - and knowingly accept responsibility


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

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47. Robbery
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
secondary meaning


48. What is a profit under real property law?
it is a federal crime to use the us postal service to defraud others on false pretenses
obtaining ownership by living on anothers property
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


49. Constructive bailments are?

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50. In real property law who is considered to be the dominant estate?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
conditional gifts that are only accepted upon the performance of marriage
the property that will benefit from a profit
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