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 must a deed possess to be valid?

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2. What composes RICO?
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
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
the property that is burdened by a profit


3. In order for a corporation to be criminally liable for the acts of their employees what must be proven?
birth - child placement - employee health - care for spouse - child - or parent - military duty
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
the corporation could have prevented such acts
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


4. What is a conveyance?
a deed that transfers interest in a life estate from one to another
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the 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
multiple owners of real or personal property


5. What is the difference between real and personal property?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


6. Mens Rea
must effectively try to acquire protection as well as keep the secret
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
mental state or intent part 2 of 2 for determining criminal liability


7. What is protected expression?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


8. 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
conditional gifts that are only accepted upon the performance of marriage
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
No - but if they find any other reason - like you have been late often than you'll probably get fired


9. Workers comp and negligence

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10. Collective mark
work for a company with more than 50 employees - employed for a year - and must try to give notice
No - but if they find any other reason - like you have been late often than you'll probably get fired
used by members of a cooperative organization to certify the quality of service or product
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


11. What protection does the 8th amendment provide?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
prohibits excessive bail and fines - cruel and unusual punishment
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
the property that is burdened by a profit


12. What are strong Marks?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.


13. What is Actus Reus
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
document by which title to property is passed
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


14. When property is found that was mislaid who owns it?
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.
owner of premise where it was found - after good title is acquired
used by members of a cooperative organization to certify the quality of service or product
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


15. What kind of mistake can be used as criminal defense?
a warranty that the buyer will not be disturbed in their possession of the land
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
mistake of fact
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


16. Constructive bailments are?

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17. The madrid protocol accomplishes what?
streamlines and standardizes the processes for applying for a trademark abroad
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


18. Outcome of a unanimous guilty verdict?
any party can terminate an employment arrangement at anytime no questions asked
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
can appeal - subject to new trial


19. Money laundering
birth - child placement - employee health - care for spouse - child - or parent - military duty
the corporation could have prevented such acts
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
process of hiding the source of illegally acquired funds


20. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
generally the use of a software to perform a job or deliver product
classic stone corp. owns a profit in gross - and cannot transfer this right to another


21. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game


22. Patents allow for the owner to?
document by which title to property is passed
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
probable cause
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


23. Are commercial flights permitted to fly over private property?
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
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
a physical or mental impairment that substantially limits one or more major life activities


24. Sambucks vs. starbucks
document by which title to property is passed
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
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


25. What is the determining issue when proving entrapment?
work for a company with more than 50 employees - employed for a year - and must try to give notice
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
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
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


26. Members of the TRIPS agreement cannot do what?
members cannot give nationals favorable treatment
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 property that will benefit from a profit
entry of a plea - guilty/ not guilty


27. What is a job offer?
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


28. What could be considered as sexual harassment in the work place
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
this for that - sexual favors - general conduct however one incident is not enough
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


29. Business process patents involve?
used by members of a cooperative organization to certify the quality of service or product
generally the use of a software to perform a job or deliver product
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
this for that - sexual favors - general conduct however one incident is not enough


30. Arrest requires
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
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application
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
probable cause


31. Country club case
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
process of hiding the source of illegally acquired funds


32. Requirements of a bailement
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
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
given exclusive possession and control over property - and knowingly accept responsibility


33. TRIPS agreement
criticism - use in satire - news report - use to educate
voluntarily parted with at the time - but then later tries to find it
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
signed by hundreds of countries that establishes standards for the international protection of intellectual property


34. What is an easement by prescription?
No - property gifts are common
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


35. What are the requirements for adverse possession to be recognized?
No - they are considered to be goods and is governed by the uniform commercial code
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
process of hiding the source of illegally acquired funds
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


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

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37. What are some criminal defenses
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
treble damages
10 year period renewable
sexual harassment is protected under title 7 because it effects genders differently in the workplace


38. What is retaliatory discharge?
streamlines and standardizes the processes for applying for a trademark abroad
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


39. How long is a copyright protected? for a corporation?
who has been using it first or filed for it first
criminal defense stating that a crime was necessary in preventing an even greater crime
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
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


40. Engagement rings are considered to be?
conditional gifts that are only accepted upon the performance of marriage
criminal defense stating that a crime was necessary in preventing an even greater crime
a physical or mental impairment that substantially limits one or more major life activities
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


41. What is can be considered trade dress?
finder after obtaining a title
distinctive decor - menu - style - service of an offering
sufficient evidence
document by which title to property is passed


42. Are compilation of facts copyrightable? case example
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
the property that is burdened by a profit
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+


43. What is a license considered to be in real property law?
it is a federal crime to use the us postal service to defraud others on false pretenses
race - sex - national origin - color - religion
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
secondary meaning


44. How long is a trademark protected? is it renewable
criminal defense stating that a crime was necessary in preventing an even greater crime
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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
10 years and it is renewable


45. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
secondary meaning
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
criminal defense stating that a crime was necessary in preventing an even greater crime


46. Age discrimination achieves what?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


47. Americans with disabilities act accomplishes what?
sally would possess an easement in this case - the right to travel across property owner peter's land
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


48. Dominion
any party can terminate an employment arrangement at anytime no questions asked
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
test is originality - lasts life of creator - protection is automatic
ownership rights to property


49. 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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50. Cybersquatting
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
the property that is burdened by a profit
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
reverse engineer - go through garbage..