IP
Clarissa trademarked her new company Samjack after her two sons Sam and Jack. This would be considered a fanciful trademark.
A.True
B.False
A.True
Carlos conveys his property "to Noah for life, then to Maxie." Noah has a life estate, and Maxie has a remainder.
a. True
b. False
a. True
In which of the following scenarios has a gift been made?
a. Alice takes her vacuum cleaner to the repair shop to be fixed. The owner tells her he won't be able to get to the repair for two weeks. "OK," says Alice. "Keep it until then and then go ahead with the repair."
b. Tim knows that Noah likes his collection of Spiderman comics. He tells Noah, "Even though my comics are worth $500, you can have them for $100." Noah agrees and pays Tim the reduced price.
c. Grandpa chuckles as Jessica admires his pocket watch. "Go on, put it in your own pocket, Jessica," he tells her. "You can have it." Jessica thanks her grandpa and happily tucks the watch into her pocket.
d. Edith tells her friend, Mateo, that he may have her antique Victrola record player after she passes away. Mateo gratefully thanks Edith for her kindness.
c. Grandpa chuckles as Jessica admires his pocket watch. "Go on, put it in your own pocket, Jessica," he tells her. "You can have it." Jessica thanks her grandpa and happily tucks the watch into her pocket.
Which of the following does NOT act as a revocation of a will?
a. creating a codicil
b. the testator putting an X through it
c. physically destroying the will by intentionally shredding it
d. signing a new will that expressly revokes prior wills
a. creating a codicil
The vast majority of patents that are issued are
A. design patents.
B. plant patents.
C. utility patents.
D. intellectual patents.
C. utility patents.
You go to a theater to see a play one Saturday evening. You have
a. purchased an interest called a “profit.”
b. an easement by reservation.
c. a license to enter the theater.
d. no property right in the theater just by purchasing the ticket for the play.
c. a license to enter the theater.
Hanna intends to give her granddaughter, Melodee, her antique hat pin. This heirloom has been kept under lock and key in the wall vault in the library of Hanna’s house in Virginia. The hat pin is currently the only item in the vault. When Hanna is visiting Melodee in Connecticut, Hanna gives Melodee the only key to the vault. Melodee is grateful for the present and excitedly accepts. In this situation has there been a completed gift?
a. No. There has been no physical delivery of the hat pin.
b. Yes. There has been physical delivery of the hat pin.
c. No. There has only been constructive delivery of the hat pin.
d. Yes. There has been constructive delivery of the hat pin.
d. Yes. There has been constructive delivery of the hat pin.
Dr. Gavornne advises his very ill patients to prepare a living will. The purpose of a living will is to
a. make a disposition of property.
b. express a desire not to have extreme medical treatment that would prolong their lives.
c. transfer life insurance.
d. consent to organ donation.
b. express a desire not to have extreme medical treatment that would prolong their lives.
Richard wrote a song called "College Days." He copyrighted the composition and had it professionally printed. A couple years later, he was attending a business meeting about 1,500 miles from his home. While sitting in a nightclub, he heard a small local band perform a song called "College Memories." The music and words were extremely similar to his song. The composer of "College Memories" claims he never heard of Richard's song and that she is offended he would accuse her of stealing his work. If Richard wishes to sue for copyright infringement, he must prove
a. only that his song and the infringer's song are substantially the same.
b. that his work was original and the infringer actually copied his work, or that the infringer had access to his song and that the two works are substantially the same.
c. that he sustained money damages as a result of the infringement.
d. that he registered the song for a copyright.
b. that his work was original and the infringer actually copied his work, or that the infringer had access to his song and that the two works are substantially the same.
What is an abatement?
a. the power of the government to take private property for public use
b. an order requiring a homeowner to eliminate a nuisance
c. a process under which the original tenant transfers all of his rights and duties to a new tenant
d. the duty to keep losses at a minimum
b. an order requiring a homeowner to eliminate a nuisance
The element that distinguishes a contract from a gift is
a. performance of the offeror's or donor's promise.
b. the element of consideration which is present in a contract, but not in a gift.
c. whether or not the offeree or donee accepts the offer.
d. whether or not the subject of the gift or contract is illegal.
b. the element of consideration which is present in a contract, but not in a gift.
If Walter becomes incompetent to manage his affairs,
a. his chosen attorney-in-fact can make decisions for him if he appointed the person in a durable power of attorney with a springing power to become effective upon Walter’s incompetence.
b. a court will allow an immediate family member to manage his affairs.
c. his will becomes effective, and his executor or executrix will manage his business and personal decisions.
d. his property will be placed in a trust until such time as he is able to manage his affairs himself.
a. his chosen attorney-in-fact can make decisions for him if he appointed the person in a durable power of attorney with a springing power to become effective upon Walter’s incompetence.
Monic, a college professor, makes 30 photocopies of a magazine article and passes the article out to her students. The students are assigned to read the article and write an opinion paper about it. Has Monic violated copyright law?
A. Yes. Though the author will probably not enforce his or her rights under this situation, Monic has technically violated federal copyright law.
B. Yes. Though educators have a right under the "fair use doctrine" to make limited use of copyrighted materials, Monic violated the law when she made photocopies of an entire article and distributed them to her students.
C. No. Monic has acted within the fair use doctrine.
D. No, as up to 50 photocopies of articles are always permissible.
C. No. Monic has acted within the fair use doctrine.
When farmer Joe sold his land to an oil company, he wanted to keep the right to use the lake on the land for fishing. What would give him the right to do this?
a. a grant
b. an easement by implication
c. an easement by prescription
d. a reservation
d. a reservation
A bailment is different from a gift because
a. a gift requires consideration, but a bailment does not.
b. a gift requires delivery, but a bailment does not.
c. in a bailment, only possession of the property is transferred to the bailee, whereas with a gift, both possession and ownership must pass to the donee.
d. a gift is always a contract, but a bailment is generally not a contract.
c. in a bailment, only possession of the property is transferred to the bailee, whereas with a gift, both possession and ownership must pass to the donee.
Pamela applies for a life insurance policy with Forever Young Insurance Company. When completing the application form about past surgeries, Pamela forgot about a past outpatient surgery when she had an infected hang-nail removed and her toe treated. One year after issuing the policy, Pamela died suddenly from a brain aneurysm. Forever Young denies payment under the policy based on misrepresentation. If Pamela's sister, Paula, sues Forever Young, she will most likely
a. win, because once an application has been accepted, an insurer may not use a misrepresentation on the application to avoid liability.
b. win, because Pamela's misrepresentation was not a material fact and did not increase Forever Young's risk in insuring Pamela's life.
c. lose, because Pamela's application contained a misrepresentation of material fact.
d. lose, because an insurer can always use any misrepresentation on an application to avoid paying.
b. win, because Pamela's misrepresentation was not a material fact and did not increase Forever Young's risk in insuring Pamela's life.
James and his band played a very familiar song. However, they made up different words for the song that were intended to be funny. James's version of the popular song with different words is known as a
a. knock off.
b. parody.
c. mockarama.
d. link.
b. parody.
The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the
a. mortgagee.
b. mortgagor.
c. profitor.
d. profitee.
a. mortgagee.
Alexander loans Miko his baking dish so she can make lasagna for dinner tonight for her family. What kind of bailment is this?
a. bailor benefit bailment
b. bailee benefit bailment
c. constructive bailment
d. mutual benefit bailment
b. bailee benefit bailment
Which type of automobile insurance covers the cost of damage caused by fire, theft, or vandalism?
a. liability insurance
b. comprehensive insurance
c. collision insurance
d. uninsured motorist insurance
b. comprehensive insurance