Show:
Intellectual Property and Unfair Competition
Personal Property and Bailments
Real Property
Landlord and Tenant
Miscellaneous
100

A __________ is a word, name, symbol, device, or combintation thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors.

a. Patent

b. Copyright

c. Trademark

d. None of the above

c. Trademark

Trademarks

A trademark is a word, name, symbol, device, or combination thereof used by a manufacturer or seller to identify its products and distinguish them from the products of competitors.

100

True or False?

Property ownership is a bundle of rights the law recognizes and enforces, including rights to use, transfer, or destroy the property.

True

Property ownership is a bundle of rights the law recognizes and enforces, including rights to use, transfer, or destroy the property.

100

True or False?

The law of real property concerns ownership, acquisition, and use of land.

True

Scope of Real Property

  • The law of real property concerns ownership, acquisition, and use of land.


  • Real property includes not only land but also things firmly attached to or embedded in land.
    • Buildings.
    • Trees, crops, and other vegetation .
    • Water and groundwater.
    • Minerals.
    • Airspace above. 
100

A ___________ is a possessory interest in land owned by another.

a. Tort

b. Lease

c. Copyright

d. Patent

b. Lease

  • A lease is a possessory interest in land owned by another.
  • Leases have been documented since ancient Babylonian times.
  • The common law of leasing began to develop in early Middle Ages.
100

The _____________ prohibits discriminatory practices in transactions affecting housing, including the rental of dwellings.

a. Right to Housing Act

b. Dwelling Fairness Act

c. Fair Housing Act

d. Housing for All Act

c. Fair Housing Act

Landlord's Responsibilities Under Federal Law

  • The Fair Housing Act prohibits discriminatory practices in transactions affecting housing, including the rental of dwellings.


  • Title III of the Americans with Disabilities Act requires owners and possessors of real property in a place of public access (that is, commercial property) to make reasonable accommodations and physical modifications, to allow access to disabled persons.
200

True or False?

The fair use defense or exception may exist when a copyrighted work or trademark is used without the property holder’s permission.

True

Copyright Fair Use

  • Fair use defense or exception may exist when a copyrighted work or trademark is used without the property holder’s permission, but use was:
    • “For purposes such as criticism, comment, news reporting, teaching, scholarship, or research” Section 107 of the Copyright Act.

  • A court weighs several factors in a fair use determination:
    • Purpose and character of the use,
    • Nature of copyrighted work.
    • Amount and substantiality of portion used in relation to copyrighted work as a whole.
    • Effect of use on potential markets for the copyrighted work or on its value. 
200

True or False?

Tangible property has no physical existence.

False

Tangible (has physical existence) v. intangible (has no physical existence)

200

True or False?

Generally, trade fixtures remain a tenant’s personal property and may be removed at lease end.

True

Fixture

A fixture is personal property attached to or connected to real property in such a way it ceases being personal property and becomes part of the real property. 


Trade Fixtures

  • Exception to usual fixture rules involve trade fixtures, which are personal property attached to leased premises by a tenant for purpose of carrying on trade or business.
  • Generally, trade fixtures remain tenant’s personal property and may be removed at lease end. 
200

Which of the following is a potential remedy for a breach of an implied warranty of habitability?


a. Action for damages. 

b. Termination of lease. 

c. Rent abatement. 

d. All of the above.

d. All of the above.

  • Implied warranty of habitability. Remedies for breach (subject to state and local laws):



    • Action for damages. Measured by diminished value of leasehold.



    • Termination of lease. Landlord’s breach must have been extreme enough to be material breach.



    • Rent abatement. Tenant may withhold part of rent for period during which landlord was in breach.



    • Repair-and-deduct. Tenant may repair defects and deduct costs from rent after notice to landlord and opportunity to cure.
200

Real property may be acquired by:

a. Purchase

b. Gift

c. Tax sale

d. All of the above

d. All of the above

Acquisition of Real Property

  • Acquisition by Purchase.
  • Acquisition by Gift.
  • Acquisition by Will or Inheritance.
  • Acquisition by Tax Sale. 
  • Acquisition by Adverse Possession. (open and hostile)
300

True or False?

Even though an invention fits one of the categories, it is not patentable if it lacks novelty.

True

Patent Protections

  • Protection for: a process, machine, product or manufacture, composition of matter (such as a new chemical compound), improvement of any of the above, ornamental design for a product, and certain business methods.


  • Even though an invention fits one of the categories, it is not patentable if it lacks novelty (Zupp v. Nash, 896 F.3d. 1365 (Fed. Cir 2018)), is obvious, or has no utility.
300

Personal property can be acquired by:

a. Purchase

b. Will

c. Inheritance

d. All of the above

d. All of the above

Acquiring Ownership of Personal Property

  • Production or purchase: These are the most common ways of owning personal property.


  • Wild animals: The first person to take possession of a wild animal normally becomes owner.


  • Will or inheritance
300

Real property includes all of the following EXCEPT:

a. Buildings

b. Water and groundwater

c. Minerals

d. Furniture

d. Furniture

Scope of Real Property

  • Law of real property concerns ownership, acquisition, and use of land.


  • Real property includes not only land but also things firmly attached to or embedded in land.
    • Buildings.
    • Trees, crops, and other vegetation .
    • Water and groundwater.
    • Minerals.
    • Airspace above. 
300

Which party is the owner of the property?

a. Lessor

b. Lessee

c. Tenant

d. None of the above

a. Lessor

Leases

  • A lease is a contract under which an owner of property, a landlord (lessor), conveys to a tenant (lessee) exclusive right to possess property for a period of time.


  • A transfer of rights in land may be covered by the Statute of Frauds and may require a writing to be enforceable.
300

True or False?

Patent infringement occurs when a substantially similar mark is used and is likely to cause confusion.

False

Trademark infringement occurs when a substantially similar mark is used and is likely to cause confusion.


Patent infringement occurs when defendant makes, uses, or sells patented invention without patentee’s authorization.

  • Remedies include:
    • Monetary damages and 
    • Injunctions.
400

_________ is an intangible right granted by statute to the author or creator of certain tangible literary or artistic productions. 

a. Patent

b. Copyright

c. Trademark

d. None of the above

b. Copyright

Copyright: Intangible right granted by statute to the author or creator of certain tangible literary or artistic productions. 

400

The elements of a gift include all of the following EXCEPT:

a. Intent to make a gift

b. Make deliver of the gift

c. Consideration to the donor

d. Donee must accept the gift

c. Consideration to the donor

Gifts

  • A gift is a voluntary transfer of property to donee (person receiving gift), for which donor (person giving gift) gets no consideration in return.


  • All three elements are necessary: Donor must…
    • intend to make a gift.
    • make delivery of the gift.
    • donee must accept the gift.
400

True or False?

An intangible is personal property attached to or connected to real property in such a way it ceases being personal property and becomes part of the real property.

False

A fixture is personal property attached to or connected to real property in such a way it ceases being personal property and becomes part of the real property.

400

The landlord and tenant agree on a specific duration of the lease and fix the date on which the tenancy will end. This describes which type of tenancy?


a. Tenancy for a term

b. Period tenancy

c. Tenancy at will

d. Tenancy at sufferance

a. Tenancy for a term

See table in textbook

400

Personal property is ________ when the owner intentionally put property in a place but unintentionally left it there.

a. Lost

b. Mislaid

c. Abandoned

d. None of the above

b. Mislaid

See table in textbook

500

A _______ is a grant from the federal government in which inventor obtains exclusive right to make, use, and sell their invention for a period of 20 years.

a. Patent

b. Copyright

c. Trademark

d. None of the above

a. Patent

Patent: Grant from the federal government in which inventor obtains exclusive right to make, use, and sell their invention for a period of 20 years. 

500

In a bailment, the _____ owns personal property or holds the right to possess it.

a. Bailee

b. Bailor

c. Bail bondsmen

d. None of the above


b. Bailor

Bailments

  • Bailment occurs when:


  • Bailor owns personal property or holds the right to possess it.


  • Bailor delivers exclusive possession of and control over personal property to bailee. 


  • The bailee knowingly accepts personal property with understanding they owe a duty to return the property, or to dispose of it, as directed by the bailor.
500

A(n) ______ easement is a right to make certain use of another person’s property.

a. Positive easement

b. Negative easement

c. Affirmative easement

d. None of the above

c. Affirmative easement

Easements

An easement is right to make certain use of another person’s property (affirmative easement) or to prevent another from making certain uses of their own property (negative easement).

500

An _______________ generally guarantees a tenant’s right to possess the property for the term of the lease.

a. Implied warranty of time

b. Implied warranty of possession

c. Implied warranty of quiet enjoyment 

d. Implied constructive eviction

b. Implied warranty of possession

Landlord Duties

  • An implied warranty of possession guarantees a  tenant’s right to possess the property for the term of the lease.


  • An implied warranty of quiet enjoyment guarantees a landlord’s act or omission will not interfere with a tenant’s possession.


  • A constructive eviction can occur when the property becomes unsuitable for purposes for which it was leased because of the landlord’s act or omission.
500

True or False?

A deed is a written instrument that transfers title from one person (grantee) to another (grantor).

False

Deeds

  • A valid conveyance of real property occurs through execution and delivery of a deed.


  • Written instrument that transfers title from one person (grantor) to another (grantee).