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 is the purpose of the adverse possession doctrine?
document by which title to property is passed
it rewards citizens for putting land to good use rather than just sitting on expanses of property
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


2. What is an implied warranty of habitability?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
UPS example: rightfully possesses others property under strict liability to deliver it - also warehouses
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


3. Meta tags
criminal defense stating that a crime was necessary in preventing an even greater crime
race - sex - national origin - color - religion
key words of a website that are used for search engines
first person to invent not file for patent


4. Embezzlement
classic stone corp. owns a profit in gross - and cannot transfer this right to another
fraudulent miss-use of funds that have been entrusted to them
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common


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

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


6. What must a deed possess to be valid?

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


7. Arraignment is what?
entry of a plea - guilty/ not guilty
sally would possess an easement in this case - the right to travel across property owner peter's land
No - but if they find any other reason - like you have been late often than you'll probably get fired
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


8. How is the right to use a trademark determined?
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
work for a company with more than 50 employees - employed for a year - and must try to give notice
who has been using it first or filed for it first
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


9. Outcome of a unanimous guilty verdict?
can appeal - subject to new trial
multiple owners of real or personal property
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
record of such condition - being regarded as actually having a condition


10. 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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie


11. What composes an 'at will doctrine'
any party can terminate an employment arrangement at anytime no questions asked
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
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
owner of premise where it was found - after good title is acquired


12. Workers comp and negligence

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


13. Are commercial flights permitted to fly over private property?
generally yes - so long as that they are not flying at such a low altitude it inhibits the owner from enjoying the land
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
cannot be tried again - no appeal
criticism - use in satire - news report - use to educate


14. What protection does the 8th amendment provide?
document by which title to property is passed
must effectively try to acquire protection as well as keep the secret
prohibits excessive bail and fines - cruel and unusual punishment
a physical or mental impairment that substantially limits one or more major life activities


15. Fair use is limited to?
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
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
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
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book


16. Service mark
a physical or mental impairment that substantially limits one or more major life activities
No - property gifts are common
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs


17. Tenancy in common
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
most common co ownership type - default type if not otherwise specified - can seperately sell share in ownership - if one dies will settles ownership
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark


18. Steps to determining trademark infringement?
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
10 year period renewable
the property that will benefit from a profit
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.


19. Patents allow for the owner to?
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
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
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent


20. How are trade secrets treated and protected?
breaking into a residence with the intent of performing a felony. this is a crime against property.
owners of secret must try and protect - destroy garbage
property of one person rightfully in possession of another - custody
No - but if they find any other reason - like you have been late often than you'll probably get fired


21. TRIPS agreement
signed by hundreds of countries that establishes standards for the international protection of intellectual property
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
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
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


22. Mistake of fact criminal defense example

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


23. Example of an exception to the at will doctrine based on contract theory
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
10 year period renewable
No - property gifts are 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


24. Joint tenancy
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
property of one person rightfully in possession of another - custody
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
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


25. Title VII prevents discrimination in?

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


26. Darst V. Interstate Brands Corp. regarding family and medical leave rights
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
document by which title to property is passed
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
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


27. Trademarks are good for? are they renewable
No - but if they find any other reason - like you have been late often than you'll probably get fired
10 year period renewable
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
intent when attached and will item be damaged because of removal? hard to determine


28. What is a conveyance?
a deed that transfers interest in a life estate from one to another
purpose is it educational or commercial - the nature of the copyrighted work - substantiality of the portion used - effect of use on the potential market
it is a federal crime to use the us postal service to defraud others on false pretenses
owner of premise where it was found - after good title is acquired


29. In order to receive protection under the family medical leave act - one must?
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel
document by which title to property is passed
work for a company with more than 50 employees - employed for a year - and must try to give notice


30. Examples of collective 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
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
hours of employment - conditions - age of workers
unlawful pressure of another to perform a criminal act - satisfies mental state requirement


31. Fair use doctrine
can appeal - subject to new trial
20 years from filing
document by which title to property is passed
allows for use of copyrighted material under certain guidelines


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


33. 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


34. 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?
No - property gifts are common
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
if the restaurant had no knowledge of accepting responsibility for the necklace than no she cannot retrieve damages
the property that will benefit from a profit


35. 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


36. What is a covenant of quiet enjoyment?
a warranty that the buyer will not be disturbed in their possession of the land
No - property gifts are common
allows for use of copyrighted material under certain guidelines
secondary meaning


37. Gold club corporate criminal liability example?
the property that is burdened by a profit
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
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
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


38. License in trademark law?
secondary meaning
agreement permitting use of a trademark
a warranty that the buyer will not be disturbed in their possession of the land
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel


39. Responsible corporate officer doctrine?
mental state or intent part 2 of 2 for determining criminal liability
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
key words of a website that are used for search engines
arises when customers begin to associate a specific term or phrase with specific trademarked items


40. What is not copyrightable?
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
sufficient evidence
key words of a website that are used for search engines
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks


41. Sambucks vs. starbucks
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
used by members of a cooperative organization to certify the quality of service or product
distinctive decor - menu - style - service of an offering
court found that sambucks caused significant confusion required to harm the value of starbacks trademark


42. What are strong Marks?
property of one person rightfully in possession of another - custody
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
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


43. When property is found who gets property when it was abondoned?
finder after obtaining a title
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
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.
voluntarily parted with at the time - but then later tries to find it


44. What determines likeliness of confusion?
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
any party can terminate an employment arrangement at anytime no questions asked
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
if someone walks off with what the believe to be theres - but isn't than that is a mistake of fact


45. How can you come to possess land through adverse possession?
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
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
a deed that transfers interest in a life estate from one to another
prohibits excessive bail and fines - cruel and unusual punishment


46. Mail Fraud Act of 1990 is what?
it is a federal crime to use the us postal service to defraud others on false pretenses
first person to invent not file for patent
appear at the end of movies to indicate the various associations that participated in the making of the film... a group of certification marks
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment


47. In order to recieve protection what must one do?
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
must effectively try to acquire protection as well as keep the secret
used in the sale of services to distinguish the services of one person from others. Titles/ character names of television programs
it is a federal crime to use the us postal service to defraud others on false pretenses


48. Discrimination during the hiring process is acceptable when?
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
criminal defense stating that a crime was necessary in preventing an even greater crime
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
taking property away from the owner with the intent of permanently removing them of ownership


49. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
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


50. Reasonable accommodation requirements by the ADA
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
secondary meaning
another persons right to make limited use of another persons real property without taking anything away from the property
multiple owners of real or personal property