Question 1

Which of the following is a correct statement regarding trade dress?

Accepted Answer

A) Trade dress is entitled to the same protection as a trademark. 
B) Trade dress is entitled to less protection than a trademark. 
C) Trade dress is entitled to more protection than a trademark. 
D) Trade dress is entitled to the same protection as a patent. 
E) Trade dress is entitled to less protection than a patent. 
A) Trade dress is entitled to the same protection as a trademark. 
B) Trade dress is entitled to less protection than a trademark. 
C) Trade dress is entitled to more protection than a trademark. 
D) Trade dress is entitled to the same protection as a patent. 
E) Trade dress is entitled to less protection than a patent.

Question 2

Easement Dispute.Sally buys a house from Bob that borders on a lake.Her deed gives her the most complete estate a person may have.She is in her bathing suit sunning one day when her neighbor,Fred,cuts through her yard.Sally tells him not to do that anymore.Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access.Sally asks you what she should do to try to get rid of Fred because she doesn't like his cutting through her yard when she is sunning.What type of estate did Sally purchase from Bob?

Accepted Answer

A) A life absolute estate 
B) A conditional estate 
C) A fee simple absolute estate 
D) A limited estate 
E) A subject estate 
A) A life absolute estate 
B) A conditional estate 
C) A fee simple absolute estate 
D) A limited estate 
E) A subject estate

Question 3

Lost property and mislaid property are the same legal theories.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is a way in which a gift differs from a purchase as a way of transferring ownership?

Accepted Answer

A) Once delivered,a gift may be taken back by the person who gave the gift,whereas that is not true when an item is purchased. 
B) No consideration is needed for a gift. 
C) No written contract is needed for a gift,whereas it is needed for a purchase. 
D) No certificate of title is needed for a gift,whereas it is needed for a purchase. 
E) A mere possessory right accompanies a gift,whereas an ownership right accompanies acquisition of property by purchase. 
A) Once delivered,a gift may be taken back by the person who gave the gift,whereas that is not true when an item is purchased. 
B) No consideration is needed for a gift. 
C) No written contract is needed for a gift,whereas it is needed for a purchase. 
D) No certificate of title is needed for a gift,whereas it is needed for a purchase. 
E) A mere possessory right accompanies a gift,whereas an ownership right accompanies acquisition of property by purchase.

Question 5

Which of the following is a correct statement regarding trade-secret protection under common law?

Accepted Answer

A) A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade. 
B) A trade secret is protected from unlawful appropriation by competitors for ten years so long as no competitor gains access to the secret through lawful means. 
C) A trade secret is protected from unlawful appropriation by competitors for twenty years so long as no competitor gains access to the secret through lawful or unlawful means. 
D) A trade secret is protected from unlawful appropriation by competitors for thirty years. 
E) A trade secret is protected from unlawful appropriation by competitors for seventy years. 
A) A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade. 
B) A trade secret is protected from unlawful appropriation by competitors for ten years so long as no competitor gains access to the secret through lawful means. 
C) A trade secret is protected from unlawful appropriation by competitors for twenty years so long as no competitor gains access to the secret through lawful or unlawful means. 
D) A trade secret is protected from unlawful appropriation by competitors for thirty years. 
E) A trade secret is protected from unlawful appropriation by competitors for seventy years.

Question 6

A donor makes a gift causa mortis based on the realization that,at some point in the distant future,he or she will ultimately die.

Accepted Answer

A) True 
 B)False

Question 7

A license is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following was not a factor the court considered in the Toys "R" Us,Inc.v.Canarsie Kidde Shop,Inc.case in determining whether "Kids 'r' Us" infringed on the "Toys 'R' Us" mark?

Accepted Answer

A) The strength of the senior user's mark 
B) The degree of similarity between the two marks 
C) Evidence of actual confusion 
D) The revenue of the defendant corporation 
E) The junior user's good faith 
A) The strength of the senior user's mark 
B) The degree of similarity between the two marks 
C) Evidence of actual confusion 
D) The revenue of the defendant corporation 
E) The junior user's good faith

Question 9

The fair-use doctrine gives teachers unlimited protection from copyright liability,provided that they use copyrighted work exclusively for educational purposes.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is/are needed for a valid gift?

Accepted Answer

A) Delivery 
B) Donative intent 
C) Acceptance 
D) Delivery,donative intent,and acceptance 
E) Delivery and donative intent,but not acceptance 
A) Delivery 
B) Donative intent 
C) Acceptance 
D) Delivery,donative intent,and acceptance 
E) Delivery and donative intent,but not acceptance

Question 11

Real property ownership includes airspace above the land,water rights flowing across or beneath the land,and ________.

Accepted Answer

A) trees growing next to the land 
B) the right to divert the water to deprive landowners downstream from use of the water 
C) walkways leading to the land 
D) mineral rights under the land 
E) roadways providing access to the land 
A) trees growing next to the land 
B) the right to divert the water to deprive landowners downstream from use of the water 
C) walkways leading to the land 
D) mineral rights under the land 
E) roadways providing access to the land

Question 12

Most websites have ________ domain(s).

Accepted Answer

A) unprotected 
B) one 
C) two 
D) three 
E) real property 
A) unprotected 
B) one 
C) two 
D) three 
E) real property

Question 13

What is the term for a gift that is made in contemplation of one's immediate death?

Accepted Answer

A) A testate distribution 
B) An intestate distribution 
C) A will codicil 
D) A gift causa mortis 
E) An inter vivos gift 
A) A testate distribution 
B) An intestate distribution 
C) A will codicil 
D) A gift causa mortis 
E) An inter vivos gift

Question 14

Scuba Diving.Marcy invented a new type of mask for scuba divers that was not subject to fogging.She agrees to allow Jenny to manufacture and sell the mask.She receives a sum of money for every mask that Jenny sells.Similarly,Marcy entered into an agreement with Frank to allow him to sell the masks,but only if he also purchased non-patented diving suits from Marcy.All parties proceeded to do very well with their sales.In the context of intellectual property law,payments that Marcy receives from Jenny for the sale of the mask are referred to as which of the following?

Accepted Answer

A) Profits 
B) Receipts 
C) Royalties 
D) Payoffs 
E) Graft 
A) Profits 
B) Receipts 
C) Royalties 
D) Payoffs 
E) Graft

Question 15

Which of the following is an incorrect statement regarding trade-secret protection?

Accepted Answer

A) Competitors may not legally discover a trade secret by doing reverse engineering. 
B) Competitors may legally discover a trade secret by going on public tours of plants and observing the use of the trade secret. 
C) Lawful discovery of a trade secret means there is no longer a trade secret to be protected. 
D) An invention may be considered a trade secret. 
E) A design may be considered a trade secret. 
A) Competitors may not legally discover a trade secret by doing reverse engineering. 
B) Competitors may legally discover a trade secret by going on public tours of plants and observing the use of the trade secret. 
C) Lawful discovery of a trade secret means there is no longer a trade secret to be protected. 
D) An invention may be considered a trade secret. 
E) A design may be considered a trade secret.

Question 16

Cross-licensing of patents is illegal.

Accepted Answer

A) True 
 B)False

Question 17

The duration of one's ownership interest and the power one has over using the land depends on the type of ________ one is said to hold.

Accepted Answer

A) possessory interest 
B) estate 
C) class 
D) personal property right 
E) attainder 
A) possessory interest 
B) estate 
C) class 
D) personal property right 
E) attainder

Which of the following is a correct statement regarding trade dress?

Lost property and mislaid property are the same legal theories.

Which of the following is a way in which a gift differs from a purchase as a way of transferring ownership?

Which of the following is a correct statement regarding trade-secret protection under common law?

A donor makes a gift causa mortis based on the realization that,at some point in the distant future,he or she will ultimately die.

A license is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

Which of the following was not a factor the court considered in the Toys "R" Us,Inc.v.Canarsie Kidde Shop,Inc.case in determining whether "Kids 'r' Us" infringed on the "Toys 'R' Us" mark?

The fair-use doctrine gives teachers unlimited protection from copyright liability,provided that they use copyrighted work exclusively for educational purposes.

Which of the following is/are needed for a valid gift?

Real property ownership includes airspace above the land,water rights flowing across or beneath the land,and ________.

Most websites have ________ domain(s).

What is the term for a gift that is made in contemplation of one's immediate death?

Which of the following is an incorrect statement regarding trade-secret protection?

Cross-licensing of patents is illegal.

The duration of one's ownership interest and the power one has over using the land depends on the type of ________ one is said to hold.

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

The Uslegal System and Alternative Dispute Resolution

Administrative Law

Constitutional Law

Criminal Law and Business

Tort Law

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

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Exam 8: Real, Personal, and Intellectual Property

Which of the following is a correct statement regarding trade dress?

Lost property and mislaid property are the same legal theories.

Which of the following is a way in which a gift differs from a purchase as a way of transferring ownership?

Which of the following is a correct statement regarding trade-secret protection under common law?

A donor makes a gift causa mortis based on the realization that,at some point in the distant future,he or she will ultimately die.

A license is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

Which of the following was not a factor the court considered in the Toys "R" Us,Inc.v.Canarsie Kidde Shop,Inc.case in determining whether "Kids 'r' Us" infringed on the "Toys 'R' Us" mark?

The fair-use doctrine gives teachers unlimited protection from copyright liability,provided that they use copyrighted work exclusively for educational purposes.

Which of the following is/are needed for a valid gift?

Real property ownership includes airspace above the land,water rights flowing across or beneath the land,and ________.

Most websites have ________ domain(s).

What is the term for a gift that is made in contemplation of one's immediate death?

Which of the following is an incorrect statement regarding trade-secret protection?

Cross-licensing of patents is illegal.

The duration of one's ownership interest and the power one has over using the land depends on the type of ________ one is said to hold.

An Introduction to the Fundamentals of Dynamic Business Law

Business Ethics and Social Responsibility

The Uslegal System and Alternative Dispute Resolution

Administrative Law

Constitutional Law

Criminal Law and Business

Tort Law

Introduction to Contracts and Agreement

Consideration

Capacity and Legality

Reality of Assent

Contracts in Writing and Third-Party Contracts

Discharge and Remedies

Formation and Performance of Sales and Lease Contracts

Sales and Lease Contracts: Performance, Warranties, and Remedies

Negotiable Instruments: Negotiability and Transferability

Holder in Due Course, Liability, and Defenses

Secured Transactions and Bankruptcy

Agency and Liability to Third Parties

Forms of Business Organization

Corporations: Formation and Organization

Securities Regulation

Employment and Discrimination Law

Consumer Law

Filters