Instructions:

• Answer 50 questions in 15 minutes.
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• Match each statement with the correct term.
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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. The madrid protocol accomplishes what?
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
any party can terminate an employment arrangement at anytime no questions asked
sufficient evidence
streamlines and standardizes the processes for applying for a trademark abroad


2. Trademark dilution
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
allows for use of copyrighted material under certain guidelines
must effectively try to acquire protection as well as keep the secret
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


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

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4. Remedies for patent infringement
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
intent when attached and will item be damaged because of removal? hard to determine
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.
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


5. Special Bailments
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
streamlines and standardizes the processes for applying for a trademark abroad
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


6. Estray statutes encourage what?
the property that will benefit from a profit
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
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


7. Examples of collective marks
it rewards citizens for putting land to good use rather than just sitting on expanses of property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
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


8. Meta tag example about terri welles
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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


9. Drake V. Walton County regarding the county taking property
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
another persons right to make limited use of another persons real property without taking anything away from the property
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.


10. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
crops is considered to be real property and should be considered in the sale of such property.
process of hiding the source of illegally acquired funds
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


11. What uses fall under the fair use doctrine?
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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


12. What is a profit under real property law?
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
the right to enter onto another persons property with the intentions of removing something valuable
owners of secret must try and protect - destroy garbage


13. How is the right to use a trademark determined?
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
voluntarily parted with at the time - but then later tries to find it
this for that - sexual favors - general conduct however one incident is not enough
who has been using it first or filed for it first


14. Determining disability regarding with and without equipment?
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
mistake of fact
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
sally would possess an easement in this case - the right to travel across property owner peter's land


15. Tenancy in common
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
fraudulent miss-use of funds that have been entrusted to them
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
conditional gifts that are only accepted upon the performance of marriage


16. Title VII prevents discrimination in?

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17. Duress criminal defense
cannot be tried again - no appeal
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
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


18. What are the requirements for making a gift an effective transfer of ownership?
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
intent - delivery - acceptance
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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


19. Mail Fraud Act of 1990 is what?
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
No - they are considered to be goods and is governed by the uniform commercial code
it is a federal crime to use the us postal service to defraud others on false pretenses
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


20. What happens when land is sold that is growing crops?
obtaining ownership by living on anothers property
crops is considered to be real property and should be considered in the sale of such property.
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
No - but if they find any other reason - like you have been late often than you'll probably get fired


21. Fair labor standards act covers issues such as?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
record of such condition - being regarded as actually having a condition
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
hours of employment - conditions - age of workers


22. What protection does the 6th amendment provide?
the property that is burdened by a profit
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
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


23. Example of an exception to the at will doctrine based on contract theory
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
breaking into a residence with the intent of performing a felony. this is a crime against property.
key words of a website that are used for search engines
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. What is an easement by prescription?
voluntarily parted with at the time - but then later tries to find it
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


25. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
reverse engineer - go through garbage..
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
secondary meaning


26. What is the difference between real and personal property?
a physical or mental impairment that substantially limits one or more major life activities
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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


27. Responsible corporate officer doctrine?
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
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
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


28. Patents allow for the owner to?
given exclusive possession and control over property - and knowingly accept responsibility
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


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

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30. What is an easement?
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
fraudulent miss-use of funds that have been entrusted to them
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
another persons right to make limited use of another persons real property without taking anything away from the property


31. Can you be fired for whistle blowing?

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32. Roman Catholic Church V. Prince Reality Management regarding a license?
the property that is burdened by a profit
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
criticism - use in satire - news report - use to educate


33. 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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34. What protection does the 8th amendment provide?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
classic stone corp. owns a profit in gross - and cannot transfer this right to another
process of hiding the source of illegally acquired funds
prohibits excessive bail and fines - cruel and unusual punishment


35. Do Deeds require consideration to be valid?
distinctive decor - menu - style - service of an offering
property of one person rightfully in possession of another - custody
No - property gifts are common
this for that - sexual favors - general conduct however one incident is not enough


36. How can you come to possess land through adverse possession?
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
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
20 years from filing
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


37. What are strong Marks?
offering someone who works at a different firm money for their trade secrets
it is a federal crime to use the us postal service to defraud others on false pretenses
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


38. Mistake of fact criminal defense example

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39. Arrest requires
probable cause
mistake of fact
the right to enter onto another persons property with the intentions of removing something valuable
it rewards citizens for putting land to good use rather than just sitting on expanses of property


40. Cybersquatting
the corporation could have prevented such acts
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
prohibits excessive bail and fines - cruel and unusual punishment
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


41. Dominion
arises when customers begin to associate a specific term or phrase with specific trademarked items
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
ownership rights to property
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


42. License in trademark law?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
agreement permitting use of a trademark
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


43. Fair use is limited to?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


44. Service mark
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
taking property away from the owner with the intent of permanently removing them of ownership
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


45. When property is found that was mislaid who owns it?
this for that - sexual favors - general conduct however one incident is not enough
10 years and it is renewable
owner of premise where it was found - after good title is acquired
breaking into a residence with the intent of performing a felony. this is a crime against property.


46. Arraignment is what?
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
record of such condition - being regarded as actually having a condition
entry of a plea - guilty/ not guilty
obtaining ownership by living on anothers property


47. Gold club corporate criminal liability example?
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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
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
criminal defense stating that a crime was necessary in preventing an even greater crime


48. Possible ruling interpretations for accession cases
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
the right to enter onto another persons property with the intentions of removing something valuable
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
record of such condition - being regarded as actually having a condition


49. Are compilation of facts copyrightable? case 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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
conditional gifts that are only accepted upon the performance of marriage


50. The WARN act calls for what?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
ownership rights to property