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Answer 50 questions in 15 minutes.
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1. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
who has been using it first or filed for it first
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
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
the corporation could have prevented such acts

2. Tenancy by the entirety - or community ownership
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market

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
fraudulent miss-use of funds that have been entrusted to them
secondary meaning
sexual harassment is protected under title 7 because it effects genders differently in the workplace

4. Meta tag example about terri welles
secondary meaning
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
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
10 year period renewable

5. What conditions are covered by the family medical leave act?
birth - child placement - employee health - care for spouse - child - or parent - military duty
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution

6. Generic terms can never have?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
signed by hundreds of countries that establishes standards for the international protection of intellectual property

7. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
probable cause

8. Title VII protected categories?
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 physical or mental impairment that substantially limits one or more major life activities
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
race - sex - national origin - color - religion

9. Larceny
document by which title to property is passed
streamlines and standardizes the processes for applying for a trademark abroad
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
taking property away from the owner with the intent of permanently removing them of ownership

10. When property is found who gets property when it was abondoned?
must effectively try to acquire protection as well as keep the secret
finder after obtaining a title
property of one person rightfully in possession of another - custody
members cannot give nationals favorable treatment

11. In order to prove discrimination in hiring one has to prove?
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
members cannot give nationals favorable treatment

12. Responsible corporate officer doctrine?
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
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

13. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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

14. Mens Rea
prohibits excessive bail and fines - cruel and unusual punishment
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
mental state or intent part 2 of 2 for determining criminal liability
criticism - use in satire - news report - use to educate

15. Secondary Meaning Example frosty treats
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
sexual harassment is protected under title 7 because it effects genders differently in the workplace
mental state or intent part 2 of 2 for determining criminal liability
novel - useful - non obvious

16. What must a deed possess to be valid?

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17. What is an easement by prescription?
reverse engineer - go through garbage..
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
document by which title to property is passed
mistake of fact

18. Mail Fraud Act of 1990 is what?
criminal defense stating that a crime was necessary in preventing an even greater crime
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
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
it is a federal crime to use the us postal service to defraud others on false pretenses

19. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
ownership rights to property
novel - useful - non obvious

20. Indictment requires
signed by hundreds of countries that establishes standards for the international protection of intellectual property
sufficient evidence
conditional gifts that are only accepted upon the performance of marriage
effects a legitimate requirement of the job - can never defend race or color - generally gender issue

21. Service mark
members cannot give nationals favorable treatment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work

22. Duress criminal defense
it is a federal crime to use the us postal service to defraud others on false pretenses
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel

23. Determining disability regarding with and without equipment?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
treble damages

24. What is retaliatory discharge?
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired

25. Purpose of criminal penalties?
ownership rights to property
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
a warranty that the buyer will not be disturbed in their possession of the land

26. Drake V. Walton County regarding the county taking property
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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.
key words of a website that are used for search engines

27. What is can be considered trade dress?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
10 year period renewable
distinctive decor - menu - style - service of an offering
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

28. What is the purpose of the adverse possession doctrine?
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property
given exclusive possession and control over property - and knowingly accept responsibility
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book

29. Strong Marks Case Example

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30. What could be considered as sexual harassment in the work place
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
probable cause
this for that - sexual favors - general conduct however one incident is not enough
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment

31. What terminates an easement?
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
birth - child placement - employee health - care for spouse - child - or parent - military duty

32. The Berne Convention
document by which title to property is passed
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
voluntarily parted with at the time - but then later tries to find it
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright

33. Napster example?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
classic stone corp. owns a profit in gross - and cannot transfer this right to another
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
20 years from filing

34. Collective mark
used by members of a cooperative organization to certify the quality of service or product
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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.

35. What is an implied warranty of habitability?
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
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
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
conditional gifts that are only accepted upon the performance of marriage

36. Estray statutes encourage what?
encourage finders to report lost property and sufficiently try to return property - if comply results in good title and ownership even if claimed in the future
No - property gifts are common
conditional gifts that are only accepted upon the performance of marriage
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment

37. How long is a copyright protected? for a corporation?
must effectively try to acquire protection as well as keep the secret
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process

38. Mislaid property
criminal defense stating that a crime was necessary in preventing an even greater crime
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
voluntarily parted with at the time - but then later tries to find it
offering someone who works at a different firm money for their trade secrets

39. Special Bailments
entry of a plea - guilty/ not guilty
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
who has been using it first or filed for it first
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses

40. Sambucks vs. starbucks
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
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
court found that sambucks caused significant confusion required to harm the value of starbacks trademark

41. Outcome of unanimous not guilty?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
cannot be tried again - no appeal
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership

42. Trademarks are good for? are they renewable
10 year period renewable
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery

43. Trademark dilution
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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
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

44. Embezzlement
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
fraudulent miss-use of funds that have been entrusted to them
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
birth - child placement - employee health - care for spouse - child - or parent - military duty

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

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46. Workers comp and negligence

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47. When property is found that was mislaid who owns it?
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
allows for use of copyrighted material under certain guidelines
first person to invent not file for patent

48. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
birth - child placement - employee health - care for spouse - child - or parent - military duty

49. Is it a fixture?
intent when attached and will item be damaged because of removal? hard to determine
ownership rights to property
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication

50. Fair labor standards act covers issues such as?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
hours of employment - conditions - age of workers
crops is considered to be real property and should be considered in the sale of such property.

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