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 happens when land is sold that is growing crops?
crops is considered to be real property and should be considered in the sale of such property.
another persons right to make limited use of another persons real property without taking anything away from the property
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


2. What uses fall under the fair use doctrine?
owner of premise where it was found - after good title is acquired
criticism - use in satire - news report - use to educate
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


3. Money laundering
process of hiding the source of illegally acquired funds
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
20 years from filing


4. Remedies for patent infringement
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
ownership rights to property
20 years from filing


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

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6. What is a job offer?
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
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
10 years and it is renewable


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

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8. Do Deeds require consideration to be valid?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - property gifts are common
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
distinctive decor - menu - style - service of an offering


9. Trademarks are good for? are they renewable
10 year period renewable
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
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
a warranty that the buyer will not be disturbed in their possession of the land


10. Duress criminal defense
sally would possess an easement in this case - the right to travel across property owner peter's land
the corporation could have prevented such acts
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


11. Embezzlement
work for a company with more than 50 employees - employed for a year - and must try to give notice
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
fraudulent miss-use of funds that have been entrusted to them
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


12. Possible ruling interpretations for accession cases
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
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
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
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


13. What protection does the 6th amendment provide?
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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


14. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
No - but if they find any other reason - like you have been late often than you'll probably get fired
multiple owners of real or personal property


15. Joint tenancy
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
process of hiding the source of illegally acquired funds
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
agreement permitting use of a trademark


16. Mail Fraud Act of 1990 is what?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
it is a federal crime to use the us postal service to defraud others on false pretenses
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
mistake of fact


17. What determines likeliness of confusion?
a physical or mental impairment that substantially limits one or more major life activities
generally the use of a software to perform a job or deliver product
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
voluntarily parted with at the time - but then later tries to find it


18. The WARN act calls for what?
obtaining ownership by living on anothers property
criminal defense stating that a crime was necessary in preventing an even greater crime
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
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


19. In order to prove discrimination in hiring one has to prove?
offering someone who works at a different firm money for their trade secrets
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
given exclusive possession and control over property - and knowingly accept responsibility


20. In order to receive protection under the family medical leave act - one must?
test is originality - lasts life of creator - protection is automatic
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
taking property away from the owner with the intent of permanently removing them of ownership
work for a company with more than 50 employees - employed for a year - and must try to give notice


21. Difference between joint tenancy and tenancy in common?
who has been using it first or filed for it first
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
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
prohibits excessive bail and fines - cruel and unusual punishment


22. What is the purpose of the adverse possession doctrine?
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
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
it rewards citizens for putting land to good use rather than just sitting on expanses of property


23. TRIPS agreement
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
mental state or intent part 2 of 2 for determining criminal liability


24. What is secondary meaning?
arises when customers begin to associate a specific term or phrase with specific trademarked items
work for a company with more than 50 employees - employed for a year - and must try to give notice
another persons right to make limited use of another persons real property without taking anything away from the property
10 year period renewable


25. What is can be considered trade dress?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
distinctive decor - menu - style - service of an offering


26. Service mark
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
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
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 right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


27. What is a covenant of quiet enjoyment?
key words of a website that are used for search engines
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
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
a warranty that the buyer will not be disturbed in their possession of the land


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

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29. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
any party can terminate an employment arrangement at anytime no questions asked
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
secondary meaning
crops is considered to be real property and should be considered in the sale of such property.


30. Necessity defense
owners of secret must try and protect - destroy garbage
criminal defense stating that a crime was necessary in preventing an even greater crime
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
it rewards citizens for putting land to good use rather than just sitting on expanses of property


31. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
treble damages
who has been using it first or filed for it first


32. 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?
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
classic stone corp. owns a profit in gross - and cannot transfer this right to another
probable cause


33. What composes RICO?
another persons right to make limited use of another persons real property without taking anything away from the 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
this for that - sexual favors - general conduct however one incident is not enough
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


34. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
breaking into a residence with the intent of performing a felony. this is a crime against property.
birth - child placement - employee health - care for spouse - child - or parent - military duty
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


35. Outcome of unanimous not guilty?
members cannot give nationals favorable treatment
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
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
cannot be tried again - no appeal


36. In the united states who gets the patent if there is a conflict?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
reverse engineer - go through garbage..
first person to invent not file for patent


37. Collective mark
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
any party can terminate an employment arrangement at anytime no questions asked
used by members of a cooperative organization to certify the quality of service or product
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. Mail fraud act example senator?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
secondary meaning
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
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired


39. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
No - but if they find any other reason - like you have been late often than you'll probably get fired
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
the corporation could have prevented such acts
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


40. Biglane V. Under the Hill Corp. Case: can noise interfere with property rights
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
reverse engineer - go through garbage..
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land


41. In real property law who is considered to be the servient estate?
the property that is burdened by a profit
mistake of fact
owners of secret must try and protect - destroy garbage
criminal defense stating that a crime was necessary in preventing an even greater crime


42. What conditions are covered by the family medical leave act?
agreement permitting use of a trademark
it rewards citizens for putting land to good use rather than just sitting on expanses of property
taking property away from the owner with the intent of permanently removing them of ownership
birth - child placement - employee health - care for spouse - child - or parent - military duty


43. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
10 years and it is renewable
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


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

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45. Estray statutes encourage what?
criticism - use in satire - news report - use to educate
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


46. Constructive bailments are?

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47. When property is found that was mislaid who owns 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
owner of premise where it was found - after good title is acquired
fraudulent miss-use of funds that have been entrusted to them
intent when attached and will item be damaged because of removal? hard to determine


48. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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
who has been using it first or filed for it first


49. Arraignment is what?
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
entry of a plea - guilty/ not guilty


50. What kind of mistake can be used as criminal defense?
first person to invent not file for patent
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
mistake of fact
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired