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. Patents allow for the owner to?
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
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name


2. Cybersquatting
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
criticism - use in satire - news report - use to educate
document by which title to property is passed


3. Duress criminal defense
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
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
voluntarily parted with at the time - but then later tries to find it
it is a federal crime to use the us postal service to defraud others on false pretenses


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

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


5. What is an implied warranty of habitability?
can be required to spend money to adapt a job - so long as reasonable hardship is not caused
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
novel - useful - non obvious
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions


6. In the united states who gets the patent if there is a conflict?
a warranty that the buyer will not be disturbed in their possession of the land
first person to invent not file for patent
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
arises when customers begin to associate a specific term or phrase with specific trademarked items


7. Fair use is limited to?
owner of premise where it was found - after good title is acquired
cannot give away enough of the copyrighted material so that there is no point in actually going to the movie - or reading the book
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
held that the stylized x was clearly an arbitrary mark and that quicksilver had evidence of use prior to espn's trademark application


8. In order to prove discrimination in hiring one has to prove?
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
treble damages
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment
can be required to spend money to adapt a job - so long as reasonable hardship is not caused


9. Americans with disabilities act accomplishes what?
prevents discrimination - cannot ask about disability during hiring process - must make reasonable accommodations
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
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
ownership rights to property


10. How can someone legally acquire trade secrets?
No - they are considered to be goods and is governed by the uniform commercial code
reverse engineer - go through garbage..
a physical or mental impairment that substantially limits one or more major life activities
novel - useful - non obvious


11. Are compilation of facts copyrightable? case example
crops is considered to be real property and should be considered in the sale of such property.
yes - the particular presentation of known facts in the yellow pages for example is copyrightable
any party can terminate an employment arrangement at anytime no questions asked
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


12. What terminates an easement?
mere non use will not terminate an easement - one has to give a gesture that the easement has been abandoned
today most companies set it up with insurance - based on claims record - 1 injury at dangerous job in 40 years - shouldn't be negligence.
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


13. What is a conveyance?
No - they are considered to be goods and is governed by the uniform commercial code
record of such condition - being regarded as actually having a condition
owner of premise where it was found - after good title is acquired
a deed that transfers interest in a life estate from one to another


14. EEOC is responsible for doing what?
owner of premise where it was found - after good title is acquired
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
handling discrimination complaints - they will either take the case themselves - or they will issue a right to sue letter
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment


15. When property is found who gets property when it was abondoned?
a physical or mental impairment that substantially limits one or more major life activities
girl in texas got fired for performing better than her boss - it is a tort - exception to at will doctrine
finder after obtaining a title
hiring decisions - firing decisions - promotion - compensation - any 'term - condition - or privilege' of employment


16. How can you come to possess land through adverse possession?
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
used by members of a cooperative organization to certify the quality of service or product
candyland was ruled to be similar enough to the board game to cause dilution of the value of the trademarked name
the motel manager gave discounts and allowed for illegal prostitution to occur within the hotel


17. What protection does the 6th amendment provide?
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
prohibits excessive bail and fines - cruel and unusual punishment
the right to enter onto another persons property with the intentions of removing something valuable
arises when customers begin to associate a specific term or phrase with specific trademarked items


18. Remedies for patent infringement
given exclusive possession and control over property - and knowingly accept responsibility
allows for use of copyrighted material under certain guidelines
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


19. How long is a copyright protected? for a corporation?
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
finder after obtaining a title
the property that is burdened by a profit
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication


20. In order to recieve protection what must one do?
offering someone who works at a different firm money for their trade secrets
the corporation could have prevented such acts
must effectively try to acquire protection as well as keep the secret
forcefully taking property different from burglary because it is a violent crime and directly harms an individual


21. Mistake of fact criminal defense example

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


22. Workers comp and negligence

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


23. What determines likeliness of confusion?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
is it the same market - are they competitive products - a Nike shoe and a counterfeit Nike shoe
it is a federal crime to use the us postal service to defraud others on false pretenses


24. What is the difference between real and personal property?
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.
unlawful pressure of another to perform a criminal act - satisfies mental state requirement
10 year period renewable


25. What is a profit under real property law?
the right to enter onto another persons property with the intentions of removing something valuable
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
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
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


26. Outcome of unanimous not guilty?
generally the use of a software to perform a job or deliver product
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
classic stone corp. owns a profit in gross - and cannot transfer this right to another


27. What are strong Marks?
protects only 40+ - prohibits mandatory retirement ages - however it is ok to discriminate against younger even if 40+
the property that will benefit from a profit
fanciful - arbitrary - or suggestive trademarks that generally use common words in a fictious manner that give them their own identity and distinguishment
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


28. Fair labor standards act covers issues such as?
a movie ticket is an example of a license - you are allowed to come on to private property to watch the movie
hours of employment - conditions - age of workers
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
treble damages


29. Secondary Meaning Example frosty treats
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
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
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.
can appeal - subject to new trial


30. Employers should handle hostile environments regarding protected members of title 7 by?
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
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
reasonable steps to prevent: known policy - standardized procedures - policies should be specific
intent - delivery - acceptance


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

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


32. Joint tenancy
finder after obtaining a title
if one owner dies - property goes to the other - can seperately sell but becomes a tenancy in common
can appeal - subject to new trial
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


33. Business process patents involve?
property of one person rightfully in possession of another - custody
mental state or intent part 2 of 2 for determining criminal liability
generally the use of a software to perform a job or deliver product
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


34. Responsible corporate officer doctrine?
may impose criminal liability on an officer regardless of participation or knowledge of their employees actions
multiple owners of real or personal property
10 year period renewable
sufficient evidence


35. What kind of mistake can be used as criminal defense?
breaking into a residence with the intent of performing a felony. this is a crime against property.
mistake of fact
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
secondary meaning


36. What are some criminal defenses
20 years from filing
social protection - rehabilitation - deter others from criminal activity - avoid personal retribution
infancy - intoxication - mistake - insanity - consent - justifiable use of force - entrapment
hours of employment - conditions - age of workers


37. Napster example?
literary works - musical - dramatic - dance - pictorial - motion pictures - recordings - architectural work
ruled that napster was liable for contributory copyright infringement because it led to the obtainment of unauthorized files
process of hiding the source of illegally acquired funds
10 years and it is renewable


38. What is legally a disability?
members cannot give nationals favorable treatment
effects a legitimate requirement of the job - can never defend race or color - generally gender issue
a physical or mental impairment that substantially limits one or more major life activities
given exclusive possession and control over property - and knowingly accept responsibility


39. The EEOC requires that victims do what before they hold employers liable?
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
finder after obtaining a title
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
real property is permanent and tangible - personal is everything else that can be possessed. intellectual personal secrets.


40. The Berne Convention
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
grant that gives an inventor the exclusive right to manufacture/ distribute their invention - or sell the patent
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
international copyright agreement stating that if a citizen has written a published book every country that has signed the agreement must recognize the copyright


41. How long are patents protected?
voluntarily parted with at the time - but then later tries to find it
registering a domain name that is confusingly similar to a trademark and then selling the domain name to the owner of the trademark
20 years from filing
hours of employment - conditions - age of workers


42. Derivative work
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
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
the right to disallow further publications - such as a movie deal for a book - or a strategy guide for a board game
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


43. Larceny
taking property away from the owner with the intent of permanently removing them of ownership
secondary meaning
a prohibited act. performance of such act is 1 part of 2 for determining criminal liability
yes - the particular presentation of known facts in the yellow pages for example is copyrightable


44. Certification mark
a physical or mental impairment that substantially limits one or more major life activities
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
can appeal - subject to new trial


45. Tenancy by the entirety - or community ownership
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
conditional gifts that are only accepted upon the performance of marriage
used in marriages - similar to joint tenancy - but cannot sell without spouses consent - everything will be split 50 -50
classic stone corp. owns a profit in gross - and cannot transfer this right to another


46. Members of the TRIPS agreement cannot do what?
for a person life of creator plus 70 years - for a corporation 120 years after creation or 95 after publication
most are considered as a unilateral promise to compensate for work done and can be cancelled at anytime unless otherwise contracted
20 years from filing
members cannot give nationals favorable treatment


47. Mail fraud act example senator?
Example: Gore tex.. used by one or more persons other than the owner to certify the materials - quality - or manufacturing process
it is a federal crime to use the us postal service to defraud others on false pretenses
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
senator gained millions from unions based on the promises to give grants etc to them. mail was used. federal crime.


48. Commercial bribery example
treble damages
right to a speedy trial - right to a jury trial - public trial - right to confront witnesses - and to counsel
offering someone who works at a different firm money for their trade secrets
hours of employment - conditions - age of workers


49. Generic terms can never have?
mistake of fact
race - sex - national origin - color - religion
secondary meaning
intent when attached and will item be damaged because of removal? hard to determine


50. 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