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. What are strong Marks?
distinctive decor - menu - style - service of an offering
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


2. What is a conveyance?
a deed that transfers interest in a life estate from one to another
entry of a plea - guilty/ not guilty
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
fraudulent miss-use of funds that have been entrusted to them


3. Drake V. Walton County regarding the county taking property
can appeal - subject to new trial
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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.
agreement permitting use of a trademark


4. What conditions are covered by the family medical leave act?
generally the use of a software to perform a job or deliver product
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
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
birth - child placement - employee health - care for spouse - child - or parent - military duty


5. What is the result of a mistrial or a hung jury?
No - property gifts are common
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
another persons right to make limited use of another persons real property without taking anything away from the property


6. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
taking property away from the owner with the intent of permanently removing them 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


7. Generic terms can never have?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
novel - useful - non obvious
secondary meaning
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


8. Burglary
breaking into a residence with the intent of performing a felony. this is a crime against property.
novel - useful - non obvious
must effectively try to acquire protection as well as keep the secret
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


9. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


10. The madrid protocol accomplishes what?
mistake of fact
breaking into a residence with the intent of performing a felony. this is a crime against 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
streamlines and standardizes the processes for applying for a trademark abroad


11. Certification mark
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
owners of secret must try and protect - destroy garbage
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


12. What protection does the 8th amendment provide?
prohibits excessive bail and fines - cruel and unusual punishment
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
treble damages


13. What could be considered as sexual harassment in the work place
test is originality - lasts life of creator - protection is automatic
this for that - sexual favors - general conduct however one incident is not enough
novel - useful - non obvious
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


14. Requirements of a bailement
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
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
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


15. Arraignment is what?
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
entry of a plea - guilty/ not guilty
probable cause
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


16. How can someone legally acquire trade secrets?
finder after obtaining a title
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
must effectively try to acquire protection as well as keep the secret
reverse engineer - go through garbage..


17. Title VII prevents discrimination in?

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18. Indictment requires
secondary meaning
a deed that transfers interest in a life estate from one to another
sufficient evidence
record of such condition - being regarded as actually having a condition


19. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
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
the corporation could have prevented such acts


20. Special Bailments
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
finder after obtaining a title
reverse engineer - go through garbage..


21. Mail fraud act example senator?
entry of a plea - guilty/ not guilty
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
criminal defense stating that a crime was necessary in preventing an even greater crime
first person to invent not file for patent


22. Secondary Meaning Example frosty treats
treble damages
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
mental state or intent part 2 of 2 for determining criminal liability
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


23. How are trade secrets treated and protected?
mistake of fact
probable cause
owners of secret must try and protect - destroy garbage
race - sex - national origin - color - religion


24. Reverse discrimination example firefighters
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
document by which title to property is passed
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
fraudulent miss-use of funds that have been entrusted to them


25. How long is a copyright protected? for a corporation?
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
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
reverse engineer - go through garbage..


26. In order to recieve protection what must one do?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
must effectively try to acquire protection as well as keep the secret
test is originality - lasts life of creator - protection is automatic
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


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

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28. Strong Marks Case Example

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29. Responsible corporate officer doctrine?
streamlines and standardizes the processes for applying for a trademark abroad
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
agreement permitting use of a trademark
members cannot give nationals favorable treatment


30. Possible ruling interpretations for accession cases
the right to enter onto another persons property with the intentions of removing something valuable
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
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


31. Examples of collective marks
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
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.
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
document by which title to property is passed


32. Triple amount of damages definition
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
treble damages
taking property away from the owner with the intent of permanently removing them of ownership
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


33. What is an easement by prescription?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
used by members of a cooperative organization to certify the quality of service or product
criminal defense stating that a crime was necessary in preventing an even greater crime
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


34. Larceny
finder after obtaining a title
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
taking property away from the owner with the intent of permanently removing them of ownership
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


35. Business process patents involve?
generally the use of a software to perform a job or deliver product
ruled that teleflex's patent was invalid because the innovation was obvious proven because anyone of similar skill or talents could have put trademarks that were already in place together to make the new product - court ruled that this limits the res
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


36. Outcome of unanimous not guilty?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
cannot be tried again - no appeal


37. What composes an 'at will doctrine'
offering someone who works at a different firm money for their trade secrets
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


38. Country club case
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
key words of a website that are used for search engines
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


39. Concurrent ownership
first person to invent not file for patent
multiple owners of real or personal property
entry of a plea - guilty/ not guilty
any party can terminate an employment arrangement at anytime no questions asked


40. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
20 years from filing
given exclusive possession and control over property - and knowingly accept responsibility
arises when customers begin to associate a specific term or phrase with specific trademarked items


41. What terminates an easement?
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
multiple owners of real or personal property
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
hours of employment - conditions - age of workers


42. The Berne Convention
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
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
first person to invent not file for patent


43. What are some criminal defenses
novel - useful - non obvious
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
a physical or mental impairment that substantially limits one or more major life activities
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


44. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
10 years and it is renewable
reverse engineer - go through garbage..


45. What is an implied warranty of habitability?
offering someone who works at a different firm money for their trade secrets
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


46. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
it rewards citizens for putting land to good use rather than just sitting on expanses of property
10 years and it is renewable


47. What is the purpose of the adverse possession doctrine?
cannot be tried again - no appeal
it rewards citizens for putting land to good use rather than just sitting on expanses of property
the property that is burdened by a profit
used by members of a cooperative organization to certify the quality of service or product


48. Service mark
process of hiding the source of illegally acquired funds
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
10 years and it is renewable
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


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

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50. Constructive bailments are?

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