Deck 8: Real, Personal, and Intellectual Property

Question 1

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.

Answer 1

False
Explanation: A donor makes a gift causa mortis in contemplation of his or her immediate death.

Question 2

Trade dress is entitled to the same protection as a trademark.

Answer 2

True
Explanation: Trade dress refers to the overall appearance and image of a product,and it is entitled to the same protection as a trademark.An example of trade dress is the shape and design of Apple's iPhone.

Question 3

A party may lose registration of a domain name by not using it for more than 30 days.

Answer 3

False
Explanation: A party may lose registration of a domain name by not using it for more than 90 days.

Question 4

A landowner cannot be required to involuntarily transfer his or her property to the government,because compelling the landowner to do so would violate the Due Process Clause of the United States Constitution.

Question 5

In order for a work to be copyrightable,it must be fixed,original,and creative.

Question 6

If a tenant subleases property to another party,the initial tenant is no longer liable for payment of the rent for the remainder of the lease term.

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.

Question 8

All property that is not land or permanently affixed to land is real property.

Question 9

Ownership of real property includes the mineral rights below the land but not the airspace above the land.

Question 10

The laws of intellectual property protect property that is primarily the result of mental creativity rather than physical effort.

Question 11

Real property is commonly referred to as fealty.

Question 12

Cross-licensing of patents is illegal.

Question 13

Copyrights protect ideas themselves.

Question 14

Condemnation is a legal process that is protected by the federal constitution and allows the government to take private property for the use of the public without paying the owner compensation for the property.

Question 15

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

Question 16

A bank account is an example of intangible property.

Question 17

To register a domain name on the Internet,an application must be filed with the United States Patent and Trademark Office.

Question 18

A license is a right to use another's property that is both permanent and irrevocable.

Question 19

A copyrighted work that is reproduced with the appropriate notice affixed is protected for ten years and is subject to indefinite renewal by the copyright holder.

Question 20

Tangible property includes items such as furniture,cars,and other goods.

Question 21

The owner of a ________ possesses the same interest as the owner of a fee simple absolute,except that this interest is subject to a condition that may result in termination of the interest.

A)conditional estate
B)life estate
C)leasehold estate
D)future interest
E)fee simple absolute

Question 22

When a patent is issued for an object,it gives the holder the exclusive right to produce,sell,and use the object of the patent for the life of the holder plus 70 years.

Question 23

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

A)lease
B)profit
C)easement
D)fee simple absolute
E)license

Question 24

Reverse engineering is an unlawful way to discover a trade secret.

Question 25

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.

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

Question 26

In Kelo v.City of New London,the United States Supreme Court ruled that as a matter of law,the government violates the Fifth Amendment to the U.S.Constitution by taking private property and selling it for private development.

Question 27

A(n)________ is the right to go onto someone's land and take part of the land or a product of it away from the land.

A)lease
B)profit
C)easement
D)fee simple absolute
E)license

Question 28

A future interest usually exists in conjunction with a(n)________ or a(n)________.

A)fee simple; fee simple absolute
B)easement; license
C)life estate; conditional estate
D)life estate; fee simple absolute
E)conditional estate; easement

Question 29

Lost property and mislaid property are the same legal theories.

Question 30

Unlike United States eminent domain law,the German federal government may expropriate land for the public good without paying the landowner compensation.

Question 31

Land and everything permanently attached to it are known as ________ property.

A)real
B)personal
C)absolute
D)fee simple
E)fee simple absolute

Question 32

On the death of the holder of a life estate,the property will:

A)Revert to the government,pursuant to the law of eminent domain.
B)Go to another party as designated by the original grantor.
C)Go to another party as designated by the original grantee.
D)Be distributed according to the laws of testate succession.
E)Be distributed according to the laws of intestate succession.

Question 33

A company's client list may be considered a trade secret.

Question 34

Which of the following is an incorrect statement regarding property interests in Vietnam?

A)Vietnam's new constitution asserts that the state owns all the land.
B)If an individual wants to use land,he or she must pay tax on it as a form of rent.
C)Transfer of property can occur only with the approval of a state official.
D)A new owner can never be given a longer term of right or more extensive rights over the land than the original owner had.
E)The transferring owner determines the price for which property will be transferred.

Question 35

The right to enter onto property to remove underground materials is included in the ownership of ________ rights.

A)subsurface
B)personal property
C)easement by necessity
D)adverse possession
E)prescriptive easement

Question 36

Which of the following are estates that do not include the right to possess the property?

A)Easements
B)Profits
C)Licenses
D)Easements,profits,and licenses
E)Easements and profits,but not licenses

Question 37

What are the three basic types of property?

A)Real,tangible,and personal
B)Real,intellectual,and community
C)Intellectual,real,and tangible
D)Real,personal,and intellectual
E)Tangible,intangible,and personal

Question 38

With a life estate,the future owner has an interest in seeing that the life tenant does not ________ the property.

A)possess
B)utilize
C)improve
D)waste
E)repair

Question 39

A ________ is the most complete estate a person may have.

A)conditional estate
B)life estate
C)leasehold estate
D)future interest
E)fee simple absolute

Question 40

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

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 41

To be protected in ________ use,a trademark must be registered with the United States Patent Office under the Lanham Act of 1947.

A)interstate
B)intrastate
C)interstate and intrastate
D)intrastate and international
E)interstate,intrastate,and international

Question 42

What is the first-level domain of a government site?

A))gov
B))net
C))org
D))com
E)United States

Question 43

Which of the following companies is responsible for registering domain names for Internet use?

A)Internet Solutions,Inc.
B)Domain Names Corporation
C)Internet Domains,Inc.
D)Network Solutions,Inc.
E)Internet Networks Corporation

Question 44

What was the holding of the United States Supreme Court in the Qualltex Co.v.Jacobson Products Co.case?

A)A sound cannot constitute a trademark
B)A sound can constitute a trademark
C)A shape can constitute a trademark
D)A color cannot constitute a trademark
E)A color can constitute a trademark

Question 45

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?

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 46

A registrant may lose registration of a domain name for Internet usage by not using it for more than ________ days.

A)30
B)60
C)90
D)120
E)180

Question 47

Most websites have ________ domain(s).

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

Question 48

To properly register a trademark with the United States Patent and Trademark Office,one must:

A)Submit a drawing of the mark,indicate when it was first used in intrastate commerce,and indicate how it is used.
B)Submit a drawing of the mark,indicate when it was first used in interstate commerce,and indicate how it is used.
C)Submit a drawing of the mark,indicate when it was first used in international commerce,and indicate how it is used.
D)Submit a drawing of the mark and indicate when it was first used in intrastate commerce,but one need not indicate how it is used.
E)Submit a drawing of the mark and indicate when it was first used in interstate commerce,but one need not indicate how it is used.

Question 49

A license is a right to use another's property that is both ________ and ________.

A)a life estate; a fee simple absolute
B)an easement; a profit
C)unconditional; irrevocable
D)temporary; revocable
E)permanent; irrevocable

Question 50

Assuming it was initially registered with the United States Patent and Trademark Office after 1990,how often must a trademark be renewed after its initial renewal?

A)Every seven years
B)Every ten years
C)Every eleven years
D)Every twelve years
E)Every twenty years

Question 51

What is a distinctive mark,word,design,picture,or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer?

A)Copyright
B)Patent
C)Trade secret
D)Trademark
E)Patent pending

Question 52

What type of gift is made by a person during his or her lifetime?

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

Question 53

________ property consists of the fruits of one's mind.

A)Tangible
B)Real
C)Intellectual
D)Personal
E)Subliminal

Question 54

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism,comment,news reporting,teaching,scholarships,and research?

A)The limited-use doctrine
B)The copyright-use doctrine
C)The fair-use doctrine
D)The trade-use doctrine
E)The trade-dress doctrine

Question 55

Tangible property includes:

A)Furniture and cars
B)Furniture and copyrights
C)Bank accounts and patents
D)Bank accounts and stocks
E)Stocks and insurance policies

Question 56

Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner pursuant to the Takings Clause of the Fifth Amendment to the United States Constitution?

A)Allocation
B)Appropriation
C)Condemnation
D)Substitution
E)Adverse possession

Question 57

Under which of the following conditions is a trademark protected under state common law?

A)If it is used interstate
B)If it is used intrastate
C)If it is used commercially
D)If it is used interstate and commercially
E)If it is used interstate and internationally

Question 58

Which of the following is a correct statement regarding whether the shape of a product or package may be a trademark?

A)The shape of a product may be a trademark if it is nonfunctional,but the shape of a package may not be the subject of a trademark.
B)The shape of a product may be a trademark if it is functional,but the shape of a package may not be the subject of a trademark.
C)The shape of a product or package may be a trademark if it is functional.
D)The shape of a product or package may be a trademark if it is nonfunctional.
E)The shape of a package may be a trademark if it is nonfunctional,but the shape of a product may not be the subject of a trademark.

Question 59

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

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

Question 60

Once a trademark is registered,when must it be initially renewed?

A)Between the first and second years
B)Between the second and third years
C)Between the third and fourth years
D)Between the fourth and fifth years
E)Between the fifth and sixth years

Question 61

A patent protects a product,process,invention,machine,or a(n)________.

A)trademark
B)copyright
C)plant produced by asexual reproduction
D)book that has not yet been submitted for copyright protection
E)idea

Question 62

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

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

Question 63

Bank accounts,stocks,and insurance policies are examples of which of the following types of property?

A)Tangible
B)Intangible
C)Substantive
D)Real
E)Illusory

Question 64

Which of the following describes property that the true owner has unknowingly or accidentally dropped or left somewhere?

A)Lost
B)Eminent domain
C)Discarded
D)Abandoned
E)Adversely possessed

Question 65

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

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 66

Disputed Ring.While working in the yard,Tina found a beat-up ring.Becca,an eighteen-year old neighbor,came over to visit and liked the ring.Tina said,"You can have this old thing if you would like." Becca replied,"I really like it - Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery.A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands of dollars! Becca gave Tina the ring to examine.Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged.Tina also told Becca that Becca failed to legally accept the gift because she did not know its true value and because Tina did not sign any document turning over title.Becca sues.Which of the following describes the type of gift at issue?

A)A gift causa mortis
B)An inter vivos gift
C)A gift inter mortis
D)A gift causa vivos
E)A non-donative gift

Question 67

Disputed Ring.While working in the yard,Tina found a beat-up ring.Becca,an eighteen-year old neighbor,came over to visit and liked the ring.Tina said,"You can have this old thing if you would like." Becca replied,"I really like it - Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery.A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands of dollars! Becca gave Tina the ring to examine.Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged.Tina also told Becca that Becca failed to legally accept the gift because she did not know its true value and also because Tina did not sign any document turning over title.Becca sues.Which of the following is true regarding Tina's statement that she was entitled to the ring because she would not have given it to Becca if she had known the true value?

A)Tina is entitled to ownership of the ring,but only if she can prove that she did not realize its true value.
B)Tina is entitled to ownership of the ring,but only if she can prove that she did not realize its true value and that there was a difference of at least $1,000 between what she believed the value to be and its true value.
C)Tina is entitled to ownership of the ring,but only if she can prove that she did not realize its true value and that there was a difference of at least $10,000 between what she believed the value to be and its true value.
D)Tina is entitled to ownership of the ring,but only because neither she nor Becca realized its true value.
E)Being ignorant of the value of the ring does not entitle Tina to ownership of it.

Question 68

To stop a competitor from using a trade secret,the plaintiff must prove that a trade secret actually existed,the defendant acquired the trade secret unlawfully,and ________.

A)the trade secret is the plaintiff's sole intellectual property right
B)the inventor successfully patented the trade secret
C)the defendant published the trade secret
D)the defendant used the trade secret without the plaintiff's permission
E)the plaintiff had the trade secret for less than 20 years

Question 69

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

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 70

Which of the following is a correct statement regarding lost property?

A)In most states,the finder of lost property has title to the lost good against all,including the person who lost the property.
B)In most states,the finder of lost property has title to the lost good against all except the true owner.
C)In most states,the finder of lost property has no title to the lost good since the good must be turned over to the local police department for later sale if the true owner cannot be located.
D)In all states,the finder of lost property has an obligation to put a notice in the local newspaper looking for the true owner before the finder of the property can claim ownership.
E)In most states,the finder of lost property has title to the lost good against all except the person who lost the property,but that right only arises after the finder of the property proves that he or she spent at least one-third of the fair market value of the property in an attempt to locate the true owner.

Question 71

Disputed Ring.While working in the yard,Tina found a beat-up ring.Becca,an eighteen-year old neighbor,came over to visit and liked the ring.Tina said,"You can have this old thing if you would like." Becca replied,"I really like it - Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery.A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands of dollars! Becca gave Tina the ring to examine.Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged.Tina also told Becca that Becca failed to legally accept the gift because she did not know its true value and also because Tina did not sign any document turning over title.Becca sues.Which of the following is true regarding Tina's statement that Becca could not have validly accepted the ring?

A)If the ring is valued at $500 or more,then Tina is correct that Becca did not validly accept the ring because a writing would have been needed to validate acceptance.
B)If the ring is valued at $1,000 or more,then Tina is correct that Becca did not validly accept the ring because a writing would have been needed to validate acceptance.
C)If the ring is valued at $10,000 or more,then Tina is correct that Becca did not validly accept the ring because a writing would have been needed to validate acceptance.
D)Tina is correct that Becca could not have validly accepted the ring when she did not understand its true value.
E)Tina is incorrect; Becca validly accepted the ring as a gift.

Question 72

Which of the following must be satisfied in order for a patent,other than a design patent,to be granted?

A)The object of the patent must be antiquated.
B)The object of the patent must be non-utilitarian.
C)The object of the patent must be obvious.
D)The object of the patent must be non-obvious.
E)The object of the patent must be novel,useful,and nonobvious.

Question 73

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

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 74

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 is the type of right that Fred is exercising by cutting through the yard called?

A)A profit
B)A license
C)Adverse possession
D)An easement
E)Eminent domain

Question 75

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

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 76

Which of the following describes property that the true owner has intentionally placed somewhere but has forgotten its location?

A)Lost
B)Mislaid
C)Discarded
D)Abandoned
E)Adversely possessed

Question 77

Property that the original owner has discarded is ________ property.

A)mislaid
B)lost
C)eminent domain
D)abandoned
E)adversely possessed

Question 78

The term ________ refers to the overall appearance and image of a product.

A)product placement
B)trade dress
C)product gravitas
D)trade baiting
E)product baiting

Question 79

When a patent is issued for an object,it gives its holder the exclusive right to produce,sell,and use the object of the patent for ________ years from the date of application.

A)ten
B)twenty
C)thirty
D)forty
E)fifty

Question 80

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?

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