Exam 10: Intellectual and Personal Property Including Motor Vehicles

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Of the choices below, the best preventive law strategy for the dealer in selling new Motor Homes would be;​

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The installation of a GPS (Global Positioning System) in a boats adds value to the boat and becomes part of it. This addition to personal property is called _________________ .​

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To be protected and registered, trademarks cannot be a generic description of the product.​

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Example(s) of implied warranty is (are)

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The following are excerpts from advertisements printed in various magazines. Which, if any, are warranties? Chrysler "Town and Country" Minivan - The advertisement says "One test drive and even the most discerning luxury car owners realize they don't have to compromise anything to own a vehicle that's startlingly practical. Least of all, their standards." The advertisement mentions that "BMW's, Mercedes, Acura's, Jaguar's, Lincoln's, Cadillac's... are being traded in for the Chrysler... Minivan." ( National Geographic Magazine , March 1994) General Motors "Sonoma Highrider" truck - "The new Highrider package is designed to handle the kind of trouble you'll find off-road... You sit high. Look good. Ride smooth." ( National Geographic Magazine , March 1994) Ford "Escort" - "You can explain Escort's popularity in one word... Value... (also)... Because your security is our priority." ( National Geographic Magazine , March 1994) Toyota "Sienna" - "Now you can sleep at night. With its five-star rating in government crash tests and a "Best Pick" by the Insurance Institute for Highway Safety, the Toyota Sienna gives you one less thing to worry about. So now you are down to only 999,999." ( People Magazine , May 1999)

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A salesperson's opinion that a vehicle is "the best new vehicle to be introduced in forty years," if untrue, would be fraud.​

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The three types of patents are ____________, ________________, and _______________.​

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In most states there is a presumption of intoxication if one drives while she or he has a blood alcohol content of​

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An automobile is a type of ___________ because, unlike land and buildings, it can be easily moved.​

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The author who creates the copyrighted work owns the copyright.​

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After a long, hard day at the office, Dell Peltz was happily heading his 300ZX sports coupe home in a light drizzle. Moving effortlessly onto the freeway, he smoothly moved back and forth across the lanes and passed slower-moving vehicles. Suddenly the drizzle became a cloudburst, reducing visibility. Dell turned his windshield wipers on high and reduced his speed to 50 mph. Again, he thought he was in complete control, and so he changed lanes to pass a car but suddenly slammed into the rear of a slower-moving truck driven by Bart. When cited by a patrol officer, Dell argued that he was innocent of any wrongdoing because he was traveling under the posted speed limit. Bart sued him for damages. a. Does Dell have a valid defense to the traffic citation? b. Discuss any civil action by Bart against Dell.

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Although a motor vehicle is personal property, many laws treat it somewhat differently than other personal property. Which of the following statements is true?​

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Read this news item: http://www.cnn.com/2011/SHOWBIZ/celebrity.news.gossip/05/28/marilyn.monroe.mystery/index.html?iref=NS1 . Why is there concern over the possibility over a legal claim to these pictures? Why wouldn't the owner of the negatives be the owner of the copyright? Could someone else own the copyright?

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Based on the facts above and assuming it can be proven, the best theory for the plaintiff and thus the most damaging for the defendant in this lawsuit would probably be: ​ ​

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Property that is voluntarily left and but forgotten is mislaid property.​

(True/False)
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Automobile recalls​

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The very essence of a gift is transferring ownership in something to someone else without expecting anything in return.​

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Ownership of personal property can be acquired only by purchase.​

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Most fatal automobile accidents involve excessive drinking of alcoholic beverages or ingestion of drugs by the responsible party.​

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The Magnuson-Moss Warranty Act​

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