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. Trademarks are good for? are they renewable
10 year period renewable
members cannot give nationals favorable treatment
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
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


2. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the corporation could have prevented such acts
secondary meaning


3. Roman Catholic Church V. Prince Reality Management regarding a license?
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
it is a federal crime to use the us postal service to defraud others on false pretenses
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


4. What determines likeliness of confusion?
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
streamlines and standardizes the processes for applying for a trademark abroad


5. Commercial bribery example
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
sufficient evidence
offering someone who works at a different firm money for their trade secrets
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned


6. Derivative work
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
the property that is burdened by a profit
secondary meaning


7. How long is a trademark protected? is it renewable
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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 years and it is renewable


8. Example of an exception to the at will doctrine based on tort theory
prohibits excessive bail and fines - cruel and unusual punishment
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
first person to invent not file for patent
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations


9. Outcome of unanimous not guilty?
cannot be tried again - no appeal
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
intent when attached and will item be damaged because of removal? hard to determine


10. Bailments are?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
sexual harassment is protected under title 7 because it effects genders differently in the workplace
property of one person rightfully in possession of another - custody
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


11. 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?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


12. What is the difference between real and personal property?
owner of premise where it was found - after good title is acquired
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
10 years and it is renewable


13. What is a Deed
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
allows for use of copyrighted material under certain guidelines
document by which title to property is passed
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


14. What is a warranty deed?
probable cause
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
girl in texas got fired for performing better than her boss - it is a tort - exception to at will 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


15. Constructive bailments are?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


16. What protection does the 6th amendment provide?
first person to invent not file for patent
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


17. What is protected expression?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
criminal defense stating that a crime was necessary in preventing an even greater crime


18. Candyland example?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
prohibits excessive bail and fines - cruel and unusual punishment
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


19. 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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
intent when attached and will item be damaged because of removal? hard to determine
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


20. How can you come to possess land through adverse possession?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
criminal defense stating that a crime was necessary in preventing an even greater crime
conditional gifts that are only accepted upon the performance of marriage
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


21. Indictment requires
treble damages
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
sufficient evidence


22. What is an easement by prescription?
obtaining ownership by living on anothers property
a warranty that the buyer will not be disturbed in their possession of the land
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


23. Examples of collective marks
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


24. What is an implied warranty of habitability?
intent - delivery - acceptance
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
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
streamlines and standardizes the processes for applying for a trademark abroad


25. Reverse discrimination example firefighters
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
the property that will benefit from a profit
voluntarily parted with at the time - but then later tries to find it
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


26. What are some criminal defenses
arises when customers begin to associate a specific term or phrase with specific trademarked items
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


27. Example of an exception to the at will doctrine based on contract theory
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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.
test is originality - lasts life of creator - protection is automatic
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


28. Title VII prevents discrimination in?

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


29. Necessity defense
criminal defense stating that a crime was necessary in preventing an even greater crime
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
No - property gifts are common
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


30. What is not copyrightable?
it rewards citizens for putting land to good use rather than just sitting on expanses of property
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


31. The madrid protocol accomplishes what?
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
streamlines and standardizes the processes for applying for a trademark abroad
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
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


32. What is secondary meaning?
conditional gifts that are only accepted upon the performance of marriage
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
arises when customers begin to associate a specific term or phrase with specific trademarked items
first person to invent not file for patent


33. What is the purpose of the adverse possession doctrine?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
it rewards citizens for putting land to good use rather than just sitting on expanses of property
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
breaking into a residence with the intent of performing a felony. this is a crime against property.


34. Tenancy in common
mistake of fact
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


35. Meta tags
members cannot give nationals favorable treatment
key words of a website that are used for search engines
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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


36. What is a profit under real property law?
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
document by which title to property is passed
the right to enter onto another persons property with the intentions of removing something valuable
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


37. What protection does the 8th amendment provide?
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
prohibits excessive bail and fines - cruel and unusual punishment
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
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


38. Age discrimination achieves what?
first person to invent not file for patent
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


39. 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
members cannot give nationals favorable treatment
agreement permitting use of a trademark
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


40. Trademark dilution
No - but if they find any other reason - like you have been late often than you'll probably get fired
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


41. Discrimination during the hiring process is acceptable when?
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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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


42. In order to receive protection under the family medical leave act - one must?
treble damages
work for a company with more than 50 employees - employed for a year - and must try to give notice
prohibits excessive bail and fines - cruel and unusual punishment
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


43. License in trademark law?
agreement permitting use of a trademark
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
a warranty that the buyer will not be disturbed in their possession of the land
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


44. George V restauration s.a. V. Little Rest Twelve licensing case example

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


45. What is retaliatory discharge?
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
used by members of a cooperative organization to certify the quality of service or product
the property that is burdened by a profit
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


46. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
No - but if they find any other reason - like you have been late often than you'll probably get fired
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 - delivery - acceptance


47. Mistake of fact criminal defense example

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


48. Fair use is limited to?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


49. What composes an 'at will doctrine'
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
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
owners of secret must try and protect - destroy garbage
any party can terminate an employment arrangement at anytime no questions asked


50. Do Deeds require consideration to be valid?
No - property gifts are common
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
intent when attached and will item be damaged because of removal? hard to determine