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. The WARN act calls for what?
a warranty that the buyer will not be disturbed in their possession of the land
used by members of a cooperative organization to certify the quality of service or product
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
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


2. Arrest requires
No - they are considered to be goods and is governed by the uniform commercial code
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
probable cause
reasonable steps to prevent: known policy - standardized procedures - policies should be specific


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

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4. Mistake of fact criminal defense example

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5. What is an easement?
another persons right to make limited use of another persons real property without taking anything away from the property
sufficient evidence
cannot be tried again - no appeal
the property that is burdened by a profit


6. The madrid protocol accomplishes what?
sufficient evidence
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
streamlines and standardizes the processes for applying for a trademark abroad
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability


7. What is the result of a mistrial or a hung jury?
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
breaking into a residence with the intent of performing a felony. this is a crime against property.
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
must effectively try to acquire protection as well as keep the secret


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

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9. Possible ruling interpretations for accession cases
it is a federal crime to use the us postal service to defraud others on false pretenses
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
intent when attached and will item be damaged because of removal? hard to determine
entry of a plea - guilty/ not guilty


10. Are crops real property when they are sold?
probable cause
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
No - they are considered to be goods and is governed by the uniform commercial code
voluntarily parted with at the time - but then later tries to find it


11. What is protected expression?
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
finder after obtaining a title
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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


12. 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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13. In order for a disability to be legally recognized what must exist?
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
No - property gifts are common
the property that will benefit from a profit
record of such condition - being regarded as actually having a condition


14. Business process patents involve?
employer cannot ask during hiring process - but if the disabled brings it up it is ok - can also talk after they've been hired
agreement permitting use of a trademark
generally the use of a software to perform a job or deliver product
must effectively try to acquire protection as well as keep the secret


15. In real property law who is considered to be the servient estate?
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the property that is burdened by a profit
criticism - use in satire - news report - use to educate
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50


16. Concurrent ownership
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
multiple owners of real or personal property
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
fraudulent miss-use of funds that have been entrusted to them


17. Robbery
forcefully taking property different from burglary because it is a violent crime and directly harms an individual
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
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


18. What is a covenant of quiet enjoyment?
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 warranty that the buyer will not be disturbed in their possession of the land
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
sufficient evidence


19. What happens when land is sold that is growing crops?
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
crops is considered to be real property and should be considered in the sale of such property.
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market


20. Copyright requirements
members cannot give nationals favorable treatment
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
must effectively try to acquire protection as well as keep the secret
test is originality - lasts life of creator - protection is automatic


21. What is an implied warranty of habitability?
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
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
No - but if they find any other reason - like you have been late often than you'll probably get fired
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses


22. What terminates an easement?
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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement


23. What could be considered as sexual harassment in the work place
obtaining ownership by living on anothers property
fraudulent miss-use of funds that have been entrusted to them
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
this for that - sexual favors - general conduct however one incident is not enough


24. Roman Catholic Church V. Prince Reality Management regarding a license?
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
used by members of a cooperative organization to certify the quality of service or product
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
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


25. Attorney client privilege accomplishes what?
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
prohibits excessive bail and fines - cruel and unusual punishment
sufficient evidence
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


26. Members of the TRIPS agreement cannot do what?
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
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
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


27. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
criminal defense stating that a crime was necessary in preventing an even greater crime
property of one person rightfully in possession of another - custody


28. Steps to determining trademark infringement?
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
a physical or mental impairment that substantially limits one or more major life activities
process of hiding the source of illegally acquired funds


29. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
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
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


30. Tenancy in common
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in 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
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership


31. How long is a copyright protected? for a corporation?
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
used by members of a cooperative organization to certify the quality of service or product
intent - delivery - acceptance
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


32. Difference between joint tenancy and tenancy in common?
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work


33. Sexual harassment is treated as what?
sexual harassment is protected under title 7 because it effects genders differently in the workplace
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
breaking into a residence with the intent of performing a felony. this is a crime against property.
multiple owners of real or personal property


34. What is an easement by prescription?
a physical or mental impairment that substantially limits one or more major life activities
when one person exercises an easement without the property owners consent for a reasonably long period of time - they acquire an easement
taking property away from the owner with the intent of permanently removing them of ownership
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others


35. Reverse discrimination example firefighters
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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
novel - useful - non obvious
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine


36. Sambucks vs. starbucks
court found that sambucks caused significant confusion required to harm the value of starbacks trademark
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
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
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


37. Triple amount of damages definition
key words of a website that are used for search engines
treble damages
sally would possess an easement in this case - the right to travel across property owner peter's land
criticism - use in satire - news report - use to educate


38. How long is a trademark protected? is it renewable
owner of premise where it was found - after good title is acquired
fraudulent miss-use of funds that have been entrusted to them
10 years and it is renewable
distinctive decor - menu - style - service of an offering


39. What protection does the 8th amendment provide?
breaking into a residence with the intent of performing a felony. this is a crime against property.
owner of premise where it was found - after good title is acquired
yes - one landowner may not use his land so as to unreasonably annoy - inconvenience - or harm others
prohibits excessive bail and fines - cruel and unusual punishment


40. Mail fraud act example senator?
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
names of the buyer and seller - wording supporting intent to convey - legally sufficient description of the land - the grantor's signature - delivery
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


41. What uses fall under the fair use doctrine?
criticism - use in satire - news report - use to educate
another persons right to make limited use of another persons real property without taking anything away from the property
sexual harassment is protected under title 7 because it effects genders differently in the workplace
prohibits excessive bail and fines - cruel and unusual punishment


42. 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?
classic stone corp. owns a profit in gross - and cannot transfer this right to another
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact
multiple owners of real or personal property


43. 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
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
treble damages
who has been using it first or filed for it first


44. Examples of collective marks
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
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
it is a federal crime to use the us postal service to defraud others on false pretenses
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


45. The EEOC requires that victims do what before they hold employers liable?
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.
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
prohibits excessive bail and fines - cruel and unusual punishment


46. Certification mark
must effectively try to acquire protection as well as keep the secret
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process


47. 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?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
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
the corporation could have prevented such acts
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages


48. How is the right to use a trademark determined?
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
10 year period renewable
No - but if they find any other reason - like you have been late often than you'll probably get fired
who has been using it first or filed for it first


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

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50. Descriptive terms geographic terms and personal names are not inherently distinctive and do no recieve protection unless?
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
secondary meaning
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
obtaining ownership by living on anothers property