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. Examples of collective marks
the corporation could have prevented such acts
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
signed by hundreds of countries that establishes standards for the international protection of intellectual property


2. License in trademark law?
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
agreement permitting use of a trademark
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
this for that - sexual favors - general conduct however one incident is not enough


3. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
generally the use of a software to perform a job or deliver product
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


4. Fair use doctrine
allows for use of copyrighted material under certain guidelines
the property that will benefit from a profit
any party can terminate an employment arrangement at anytime no questions asked
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


5. Concurrent ownership
conditional gifts that are only accepted upon the performance of marriage
members cannot give nationals favorable treatment
multiple owners of real or personal property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


6. Adverse possession
agreement permitting use of a trademark
ownership rights to property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
obtaining ownership by living on anothers property


7. Can you be fired for whistle blowing?

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8. In order for a disability to be legally recognized what must exist?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
entry of a plea - guilty/ not guilty
record of such condition - being regarded as actually having a condition
criticism - use in satire - news report - use to educate


9. Meta tag example about terri welles
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
arises when customers begin to associate a specific term or phrase with specific trademarked items
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


10. Trademarks are good for? are they renewable
reverse engineer - go through garbage..
intent when attached and will item be damaged because of removal? hard to determine
10 year period renewable
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


11. What is Actus Reus
ownership rights to property
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
sufficient evidence
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


12. 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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
cannot be tried again - no appeal
conditional gifts that are only accepted upon the performance of marriage


13. Steps to determining trademark infringement?
a warranty that the buyer will not be disturbed in their possession of the land
No - they are considered to be goods and is governed by the uniform commercial code
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


14. Robbery
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


15. Bailments are?
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
first person to invent not file for patent
property of one person rightfully in possession of another - custody


16. 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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 years and it is renewable
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


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

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18. What protection does the 8th amendment provide?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
prohibits excessive bail and fines - cruel and unusual punishment
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
criticism - use in satire - news report - use to educate


19. What is legally a disability?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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 physical or mental impairment that substantially limits one or more major life activities
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


20. What is the result of a mistrial or a hung jury?
mistake of fact
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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


21. Facts to be used in the fair use standard are?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
multiple owners of real or personal property


22. 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?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
hours of employment - conditions - age of workers
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
sexual harassment is protected under title 7 because it effects genders differently in the workplace


23. 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
conditional gifts that are only accepted upon the performance of marriage
criticism - use in satire - news report - use to educate
crops is considered to be real property and should be considered in the sale of such property.


24. Workers comp and negligence

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25. Tenancy in common
members cannot give nationals favorable treatment
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


26. Constructive bailments are?

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27. Title VII protected categories?
race - sex - national origin - color - religion
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
process of hiding the source of illegally acquired funds
sexual harassment is protected under title 7 because it effects genders differently in the workplace


28. Mistake of fact criminal defense example

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29. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
the property that is burdened by a profit


30. Are commercial flights permitted to fly over private property?
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
process of hiding the source of illegally acquired funds
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
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


31. What is a Deed
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
document by which title to property is passed
breaking into a residence with the intent of performing a felony. this is a crime against property.


32. The EEOC requires that victims do what before they hold employers liable?
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
secondary meaning
owners of secret must try and protect - destroy garbage


33. Difference between joint tenancy and tenancy in common?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
crops is considered to be real property and should be considered in the sale of such property.
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
10 years and it is renewable


34. In order to receive protection under the family medical leave act - one must?
sufficient evidence
key words of a website that are used for search engines
work for a company with more than 50 employees - employed for a year - and must try to give notice
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


35. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
prohibits excessive bail and fines - cruel and unusual punishment


36. How long are patents protected?
who has been using it first or filed for it first
20 years from filing
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


37. Strong Marks Case Example

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38. Cybersquatting
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
prohibits excessive bail and fines - cruel and unusual punishment
birth - child placement - employee health - care for spouse - child - or parent - military duty
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


39. Service mark
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
work for a company with more than 50 employees - employed for a year - and must try to give notice
secondary meaning


40. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
fraudulent miss-use of funds that have been entrusted to them
prohibits excessive bail and fines - cruel and unusual punishment
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


41. What is a license considered to be in real property law?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
treble damages
process of hiding the source of illegally acquired funds
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


42. What is a warranty deed?
mistake of fact
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
sufficient evidence
sexual harassment is protected under title 7 because it effects genders differently in the workplace


43. What is the determining issue when proving entrapment?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


44. Do Deeds require consideration to be valid?
obtaining ownership by living on anothers property
owner of premise where it was found - after good title is acquired
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
No - property gifts are common


45. Sambucks vs. starbucks
must effectively try to acquire protection as well as keep the secret
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


46. When property is found who gets property when it was abondoned?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
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.
finder after obtaining a title
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


47. Derivative work
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


48. Country club case
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
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


49. Responsible corporate officer doctrine?
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
mistake of fact
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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


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

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