Question;Chapter 28 -- ExamMatching QuestionsMatch the following terms with their definitions:A. PatentB. CopyrightC. Trade secretsD. TrademarkE. Paris Convention1. Protects the particular expression of an idea.2. Words that a business uses to identify its products.3. Extends patent protection overseas.4. Grants the inventor exclusive use of an invention.5. Compilation of information that would give its owner an advantage in business.;True/False QuestionsCircle true or false:1. T F Once you have purchased a CD and copied it onto your iPod, it is legal to give the CD to a friend.2. T F A provisional patent lasts until the product is used in interstate commerce.3. T F In the case of corporation, copyright protection lasts 120 years from the product?s creation.4. T F Under the fair use doctrine, you have the right to make a photocopy of this textbook for a classmate.5. T F The first person to file the application is entitled a patent over someone else who invented the product first.;Multiple-Choice Questions1. To receive a patent, an invention must meet all of the following tests, except:(a) It has not ever been used anyplace in the world.(b) It is a new idea.(c) It has never been described in a publication.(d) It is nonobvious.(e) It is useful.;2. After the death of Babe Ruth, one of the most famous baseball players of all time, his daughters registered the name, ?Babe Ruth? as a trademark. Which of the following uses would be legal without the daughters? permission?I. Publication of a baseball calendar with photos of Ruth.II. Sales of a ?Babe Ruth? bat.III. Sales of Babe Ruth autographs.(a) Neither I, II, nor III.(b) Just I.(c) Just II.(d) Just III.(e) I and III.;3. To prove a violation of copyright law, the plaintiff does not need to prove that the infringer actually copied the work, but she does need to prove:I. The item has a ? symbol on it.II. The infringer had access to the original.III. The two works are similar.(a) I, II, and III.(b) II and III.(c) I and II.(d) I and III.(e) Neither I, II, nor III.;4. Eric is a clever fellow who knows all about computers. He:I. Removed the author?s name from an article he found on the Internet and sent it via e-mail to his lacrosse team, telling them he wrote it.II. Figured out how to unscramble his roommate?s cable signal so they could watch cable on a second TV.III. Taught the rest of his lacrosse team how to unscramble cable signals.Which of these activities is legal under the Digital Millennium Copyright Act?(a) I, II, and III.(b) Neither I, II, nor III.(c) II and III.(d) Just III.(e) Just I.;5. Which of the following items cannot be trademarked?(a) Color.(b) Symbol.(c) Phrase.(d) Surname.(e) Shape.;Chapter 29-- Practice ExamMatching QuestionsMatch the following terms with their definitions:A. Easement.B. Constructive eviction.C. Adverse possession.D. Fixture.E. Tenancy at will.F. Tenancy at sufferance.1. Landlord?s substantial interference with a tenant?s use and enjoyment of the premises.2. Gives one person the right to enter land belonging to another and make a limited use of it.3. Goods that have become attached to real property.4. A tenancy without fixed duration, which either party may terminate at any time.5. A method of acquiring ownership of land without ever paying for it.6. Tenant remains on premises after expiration of true tenancy;True/False QuestionsCircle true or false:1. T F If one joint tenant dies, his interest in the property passes to surviving joint tenants, not to his heirs.2. T F The federal government has the power to take private property for public use, but local governments have no such power.3. T F A landlord could be liable for a constructive eviction even if he never asked the tenant to leave.4. T F A nonrenewable lease of a store, for six months, establishes a tenancy for years.5. T F A landlord may charge a tenant for normal wear and tear on an apartment, but the charges must be reasonable.;Multiple-Choice Questions1. Quick, Onyx, and Nash were deeded a piece of land as tenants in common. The deed provided that Quick owned one-half the property and Onyx and Nash owned one-quarter each. If Nash dies, the property will be owned as follows:(a) Quick 1?2, Onyx 1?2.(b) Quick 5?8, Onyx 3?8.(c) Quick 1?3, Onyx 1?3, Nash?s heirs 1?3.(d) Quick 1?2, Onyx 1/4, Nash's heirs 1/4;2. Marta places a large, prefabricated plastic greenhouse in her backyard, with the steel frame bolted into concrete that she poured specially for that purpose. She attaches gas heating ducts and builds a brick walkway around the greenhouse. Now the town wants to raise her real property taxes, claiming that her property has been improved. Marta argues that the greenhouse is not part of the real property. Is it?(a) The greenhouse is not part of the real property because it was prefabricated.(b) The greenhouse is not part of the real property because it could be removed.(c) The greenhouse cannot be part of the real property if Marta owns a fee simple absolute.(d) The greenhouse is a fixture and is part of the real property.(e) The greenhouse is an easement, and is part of the real property.;3. Which of the following forms of tenancy will be created if a tenant stays in possession of leased premises without the landlord?s consent, after the tenant?s one-year written lease expires?(a) Tenancy at will(b) Tenancy for years(c) Tenancy from period to period(d) Tenancy at sufferance;4. A tenant renting an apartment under a three-year written lease that does not contain any specific restrictions may be evicted for:(a) Counterfeiting money in the apartment(b) Keeping a dog in the apartment(c) Failing to maintain a liability insurance policy on the apartment(d) Making structural repairs to the apartment;5. Michael signs a lease for an apartment. The lease establishes a periodic tenancy for one year, starting September 1 and ending the following August 31. Rent is $800 per month. As August 31 approaches, Michael decides he would like to stay another year. He phones the landlord to tell him this, but the landlord is on holiday and Michael leaves a message. Michael sends in the September rent, but on September 15, the landlord tells him the rent is going up to $900 per month. He gives Michael the choice of paying the higher rent or leaving. Michael refuses to leave and continues to send checks for $800. The landlord sues. Landlord will(a) Win possession of the apartment because the lease expired.(b) Win possession of the apartment because Michael did not renew it in writing.(c) Win possession of the apartment because he has the right to evict Michael at any time, for any reason.(d) Win $1,200 (12 months times $100).(e) Lose.
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