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. Americans with disabilities act accomplishes what?
owners of secret must try and protect - destroy garbage
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


2. What is an easement by prescription?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
arises when customers begin to associate a specific term or phrase with specific trademarked items
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


3. Patents allow for the owner to?
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


4. Significance of coca-cola V. koke Co of America
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
voluntarily parted with at the time - but then later tries to find it


5. Money laundering
intent - delivery - acceptance
probable cause
used by members of a cooperative organization to certify the quality of service or product
process of hiding the source of illegally acquired funds


6. In order to receive protection under the family medical leave act - one must?
finder after obtaining a title
who has been using it first or filed for it first
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
work for a company with more than 50 employees - employed for a year - and must try to give notice


7. Attorney client privilege accomplishes what?
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
criticism - use in satire - news report - use to educate
distinctive decor - menu - style - service of an offering
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


8. Engagement rings are considered to be?
it is a federal crime to use the us postal service to defraud others on false pretenses
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
conditional gifts that are only accepted upon the performance of marriage
intent when attached and will item be damaged because of removal? hard to determine


9. Requirements of a bailement
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
given exclusive possession and control over property - and knowingly accept responsibility
conditional gifts that are only accepted upon the performance of marriage


10. Candyland example?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
work for a company with more than 50 employees - employed for a year - and must try to give notice
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
another persons right to make limited use of another persons real property without taking anything away from the property


11. Constructive bailments are?

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12. What is the determining issue when proving entrapment?
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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
voluntarily parted with at the time - but then later tries to find it


13. Copyright requirements
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
test is originality - lasts life of creator - protection is automatic


14. Estray statutes encourage what?
finder after obtaining a title
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
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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


15. Indictment requires
sufficient evidence
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


16. What is an easement by implication?
it is a federal crime to use the us postal service to defraud others on false pretenses
probable cause
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
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


17. Trademark dilution
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
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 warranty that the buyer will not be disturbed in their possession of the land


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

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19. Are compilation of facts copyrightable? case example
novel - useful - non obvious
mental state or intent part 2 of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
who has been using it first or filed for it first


20. Meta tag example about terri welles
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
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
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


21. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
the property that will benefit from a profit
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


22. In order for a disability to be legally recognized what must exist?
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
multiple owners of real or personal property
record of such condition - being regarded as actually having a condition
owners of secret must try and protect - destroy garbage


23. Dominion
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
ownership rights to property
mental state or intent part 2 of 2 for determining criminal liability
process of hiding the source of illegally acquired funds


24. Concurrent ownership
intent - delivery - acceptance
multiple owners of real or personal property
No - property gifts are common
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


25. The Berne Convention
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
mental state or intent part 2 of 2 for determining criminal liability
process of hiding the source of illegally acquired funds
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


26. What are strong Marks?
must effectively try to acquire protection as well as keep the secret
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
signed by hundreds of countries that establishes standards for the international protection of intellectual property


27. How long is a copyright protected? for a corporation?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
can appeal - subject to new trial
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


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

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29. 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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30. What is the result of a mistrial or a hung jury?
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
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
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
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


31. What are the requirements for adverse possession to be recognized?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
work for a company with more than 50 employees - employed for a year - and must try to give notice
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


32. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
mistake of fact


33. How long is a trademark protected? is it renewable
document by which title to property is passed
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
owner of premise where it was found - after good title is acquired
10 years and it is renewable


34. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
streamlines and standardizes the processes for applying for a trademark abroad
multiple owners of real or personal property
sally would possess an easement in this case - the right to travel across property owner peter's land


35. How can someone legally acquire trade secrets?
the property that is burdened by a profit
multiple owners of real or personal property
reverse engineer - go through garbage..
used by members of a cooperative organization to certify the quality of service or product


36. What are some criminal defenses
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


37. What is not copyrightable?
reverse engineer - go through garbage..
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
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
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


38. When property is found that was mislaid who owns it?
owner of premise where it was found - after good title is acquired
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
criticism - use in satire - news report - use to educate
mental state or intent part 2 of 2 for determining criminal liability


39. Can you be fired for whistle blowing?

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40. 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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


41. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
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
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


42. What could be considered as sexual harassment in the work place
this for that - sexual favors - general conduct however one incident is not enough
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
the property that will benefit from a profit
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution


43. Are commercial flights permitted to fly over private property?
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
process of hiding the source of illegally acquired funds


44. Special Bailments
novel - useful - non obvious
test is originality - lasts life of creator - protection is automatic
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


45. What is a Deed
used by members of a cooperative organization to certify the quality of service or product
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
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
document by which title to property is passed


46. Workers comp and negligence

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47. What are the requirements for making a gift an effective transfer of ownership?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
intent - delivery - acceptance
process of hiding the source of illegally acquired funds
work for a company with more than 50 employees - employed for a year - and must try to give notice


48. What composes RICO?
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
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
used by members of a cooperative organization to certify the quality of service or product
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


49. Are crops real property when they are sold?
breaking into a residence with the intent of performing a felony. this is a crime against property.
No - they are considered to be goods and is governed by the uniform commercial code
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


50. What is a license considered to be in real property law?
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
birth - child placement - employee health - care for spouse - child - or parent - military duty
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent