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. Indictment requires
sufficient evidence
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
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


2. The EEOC requires that victims do what before they hold employers liable?
cannot be tried again - no appeal
record of such condition - being regarded as actually having a condition
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


3. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
this for that - sexual favors - general conduct however one incident is not enough
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
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


4. What ruling regarding the exclusionary rule was made in the herring v. united states supreme court?

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5. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


6. Title VII prevents discrimination in?

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7. What is a conveyance?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
criticism - use in satire - news report - use to educate
a deed that transfers interest in a life estate from one to another


8. Dominion
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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
ownership rights to property


9. What are the requirements for adverse possession to be recognized?
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
owners of secret must try and protect - destroy garbage
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
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


10. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
10 year period renewable
generally the use of a software to perform a job or deliver product
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


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

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12. Constructive bailments are?

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13. What are strong Marks?
intent when attached and will item be damaged because of removal? hard to determine
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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


14. How long is a trademark protected? is it renewable
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
No - property gifts are common
10 years and it is renewable


15. What is Actus Reus
first person to invent not file for patent
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
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 prohibited act. performance of such act is 1 part of 2 for determining criminal liability


16. Are crops real property when they are sold?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
No - they are considered to be goods and is governed by the uniform commercial code
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
process of hiding the source of illegally acquired funds


17. Secondary Meaning Example frosty treats
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
the right to enter onto another persons property with the intentions of removing something valuable


18. Embezzlement
fraudulent miss-use of funds that have been entrusted to them
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
arises when customers begin to associate a specific term or phrase with specific trademarked items


19. Sambucks vs. starbucks
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


20. 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
secondary meaning
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


21. Fair use is limited to?
a physical or mental impairment that substantially limits one or more major life activities
conditional gifts that are only accepted upon the performance of marriage
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
document by which title to property is passed


22. Drake V. Walton County regarding the county taking property
secondary meaning
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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.


23. What uses fall under the fair use doctrine?
mental state or intent part 2 of 2 for determining criminal liability
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
reverse engineer - go through garbage..
criticism - use in satire - news report - use to educate


24. Mislaid property
entry of a plea - guilty/ not guilty
voluntarily parted with at the time - but then later tries to find it
used by members of a cooperative organization to certify the quality of service or product
criticism - use in satire - news report - use to educate


25. Larceny
ownership rights to property
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
multiple owners of real or personal property
taking property away from the owner with the intent of permanently removing them of ownership


26. Trademark dilution
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
record of such condition - being regarded as actually having a condition
novel - useful - non obvious


27. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
process of hiding the source of illegally acquired funds
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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


28. 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
property of one person rightfully in possession of another - custody
members cannot give nationals favorable treatment
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


29. Mail Fraud Act of 1990 is what?
hours of employment - conditions - age of workers
owners of secret must try and protect - destroy garbage
it is a federal crime to use the us postal service to defraud others on false pretenses
criminal defense stating that a crime was necessary in preventing an even greater crime


30. Example of an exception to the at will doctrine based on contract theory
criminal defense stating that a crime was necessary in preventing an even greater crime
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
owners of secret must try and protect - destroy garbage


31. What terminates an easement?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
who has been using it first or filed for it first


32. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
criticism - use in satire - news report - use to educate


33. What is not copyrightable?
fraudulent miss-use of funds that have been entrusted to them
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
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


34. Triple amount of damages definition
treble damages
ownership rights to property
secondary meaning
mental state or intent part 2 of 2 for determining criminal liability


35. What protection does the 8th amendment provide?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
prohibits excessive bail and fines - cruel and unusual punishment
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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


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

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37. Fair use doctrine
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
it rewards citizens for putting land to good use rather than just sitting on expanses of property
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
allows for use of copyrighted material under certain guidelines


38. What is an easement?
the right to enter onto another persons property with the intentions of removing something valuable
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
another persons right to make limited use of another persons real property without taking anything away from the property
offering someone who works at a different firm money for their trade secrets


39. Outcome of unanimous not guilty?
fraudulent miss-use of funds that have been entrusted to them
cannot be tried again - no appeal
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
finder after obtaining a title


40. Arraignment is what?
record of such condition - being regarded as actually having a condition
intent - delivery - acceptance
entry of a plea - guilty/ not guilty
key words of a website that are used for search engines


41. Arrest requires
probable cause
key words of a website that are used for search engines
distinctive decor - menu - style - service of an offering
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


42. What is the purpose of the adverse possession doctrine?
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
conditional gifts that are only accepted upon the performance of marriage
it rewards citizens for putting land to good use rather than just sitting on expanses of property
treble damages


43. 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
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


44. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
a physical or mental impairment that substantially limits one or more major life activities
used by members of a cooperative organization to certify the quality of service or product
document by which title to property is passed


45. Requirements of a bailement
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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
given exclusive possession and control over property - and knowingly accept responsibility
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


46. What is a license considered to be in real property law?
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
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.
breaking into a residence with the intent of performing a felony. this is a crime against property.


47. How can someone legally acquire trade secrets?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
reverse engineer - go through garbage..
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
work for a company with more than 50 employees - employed for a year - and must try to give notice


48. Difference between joint tenancy and tenancy in common?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
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
distinctive decor - menu - style - service of an offering
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


49. Concurrent ownership
multiple owners of real or personal property
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


50. In real property law who is considered to be the dominant estate?
the property that is burdened by a profit
the property that will benefit from a profit
this for that - sexual favors - general conduct however one incident is not enough
any party can terminate an employment arrangement at anytime no questions asked