Instructions:

• Answer 50 questions in 15 minutes.
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• Match each statement with the correct term.
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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. Reverse discrimination example firefighters
signed by hundreds of countries that establishes standards for the international protection of intellectual property
No - they are considered to be goods and is governed by the uniform commercial code
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
secondary meaning


2. The EEOC requires that victims do what before they hold employers liable?
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
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
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
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


3. What kind of mistake can be used as criminal defense?
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
mistake of fact
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
cannot be tried again - no appeal


4. Commercial bribery example
offering someone who works at a different firm money for their trade secrets
20 years from filing
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


5. Is it a fixture?
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
intent when attached and will item be damaged because of removal? hard to determine
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
taking property away from the owner with the intent of permanently removing them of ownership


6. Tenancy by the entirety - or community ownership
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
must effectively try to acquire protection as well as keep the secret
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
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


7. What determines likeliness of confusion?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
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
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


8. In the united states who gets the patent if there is a conflict?
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
first person to invent not file for patent
cannot be tried again - no appeal


9. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
a physical or mental impairment that substantially limits one or more major life activities
20 years from filing
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


10. In order to recieve protection what must one do?
must effectively try to acquire protection as well as keep the secret
work for a company with more than 50 employees - employed for a year - and must try to give notice
secondary meaning
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


11. Title VII prevents discrimination in?

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12. Do Deeds require consideration to be valid?
No - property gifts are common
finder after obtaining a title
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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


13. Outcome of a unanimous guilty verdict?
20 years from filing
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
can appeal - subject to new trial
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


14. How is the right to use a trademark determined?
who has been using it first or filed for it first
a physical or mental impairment that substantially limits one or more major life activities
20 years from filing
classic stone corp. owns a profit in gross - and cannot transfer this right to another


15. What composes RICO?
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
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
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
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted


16. Members of the TRIPS agreement cannot do what?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
any party can terminate an employment arrangement at anytime no questions asked
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
members cannot give nationals favorable treatment


17. Requirements of a bailement
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
given exclusive possession and control over property - and knowingly accept responsibility
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
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


18. When property is found who gets property when it was abondoned?
the corporation could have prevented such acts
finder after obtaining a title
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
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


19. What is an easement?
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
probable cause
another persons right to make limited use of another persons real property without taking anything away from the property


20. Facts to be used in the fair use standard are?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
mistake of fact
prohibits excessive bail and fines - cruel and unusual punishment


21. Arrest requires
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
probable cause
finder after obtaining a title
intent - delivery - acceptance


22. Strong Marks Case Example

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23. Trademarks are good for? are they renewable
prohibits excessive bail and fines - cruel and unusual punishment
secondary meaning
mental state or intent part 2 of 2 for determining criminal liability
10 year period renewable


24. Employers should handle hostile environments regarding protected members of title 7 by?
the property that will benefit from a profit
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
prohibits excessive bail and fines - cruel and unusual punishment
used by members of a cooperative organization to certify the quality of service or product


25. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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
probable cause


26. Meta tags
a warranty that the buyer will not be disturbed in their possession of the land
criticism - use in satire - news report - use to educate
key words of a website that are used for search engines
crops is considered to be real property and should be considered in the sale of such property.


27. Constructive bailments are?

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28. Significance of coca-cola V. koke Co of America
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
another persons right to make limited use of another persons real property without taking anything away from the property
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
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


29. Burglary
novel - useful - non obvious
breaking into a residence with the intent of performing a felony. this is a crime against property.
criticism - use in satire - news report - use to educate
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


30. What is the purpose of the adverse possession doctrine?
it rewards citizens for putting land to good use rather than just sitting on expanses of 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
effects a legitimate requirement of the job - can never defend race or color - generally gender issue


31. Necessity defense
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
criminal defense stating that a crime was necessary in preventing an even greater crime
mistake of fact
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


32. How can someone legally acquire trade secrets?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
reverse engineer - go through garbage..
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


33. 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
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
criminal defense stating that a crime was necessary in preventing an even greater crime
the right to enter onto another persons property with the intentions of removing something valuable


34. What is an easement by implication?
the property that is burdened by a profit
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
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


35. In order for a disability to be legally recognized what must exist?
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
entry of a plea - guilty/ not guilty
record of such condition - being regarded as actually having a condition
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


36. Certification mark
criticism - use in satire - news report - use to educate
allows for use of copyrighted material under certain guidelines
must effectively try to acquire protection as well as keep the secret
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


37. What is the result of a mistrial or a hung jury?
10 year period renewable
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
the property that will benefit from a profit
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


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

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39. What is an implied warranty of habitability?
record of such condition - being regarded as actually having a condition
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
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
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


40. 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?
birth - child placement - employee health - care for spouse - child - or parent - military duty
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
signed by hundreds of countries that establishes standards for the international protection of intellectual property
classic stone corp. owns a profit in gross - and cannot transfer this right to another


41. Can you be fired for whistle blowing?

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42. Reasonable accommodation requirements by the ADA
the property that will benefit from a profit
ownership rights to property
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
a deed that transfers interest in a life estate from one to another


43. How long is a trademark protected? is it renewable
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
10 years and it is renewable


44. Mislaid property
voluntarily parted with at the time - but then later tries to find it
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
mistake of fact
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery


45. Embezzlement
a physical or mental impairment that substantially limits one or more major life activities
first person to invent not file for patent
fraudulent miss-use of funds that have been entrusted to them
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


46. Are crops real property when they are sold?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
No - they are considered to be goods and is governed by the uniform commercial code
novel - useful - non obvious
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


47. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
secondary meaning
the right to enter onto another persons property with the intentions of removing something valuable
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


48. Tenancy in common
No - but if they find any other reason - like you have been late often than you'll probably get fired
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
cannot be tried again - no appeal
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


49. Patents allow for the owner to?
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the 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
entry of a plea - guilty/ not guilty
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


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

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