BLAW CH 8 SB

The ______ doctrine provides that a portion of a copyrighted work may be reproduced for purposes of "criticism, comment, news reporting, teaching, scholarships, and research."

fair-use

Property that the original owner of a property has discarded is ______ property

abandoned

Identify the recognized types of gift delivery.

actual or constructive

______ property is property that can be identified by the senses.

Tangible

Exclusive rights to ownership and possession of the land belong to the person who has a(n) ______.

fee simple absolute

The most complete estate in land a person may have is a(n) ____

fee simple absolute

When a person purchases a theater ticket, he or she has the right to a specific use of the property for a limited time, subject to good behavior. This is an example of a(n) ______.

license

A(n) ______ is granted for the lifetime of an individual.

life estate

On the death of the holder of a(n) ______, the property will go to another party as designated by the original grantor.

life estate

Which of the following refers to the right to go onto someone's land and take part of the land or a product of it away from the land?

profit

Which of the following is not one of the factors that Section 107 of the Copyright Act requires a court to weigh when determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement?

the net worth of the alleged copyright infringer

A ______ is a distinctive mark, word, design, picture, or arrangement that a producer uses in conjunction with a product.

trademark

Which of the following is the most common means by which property is acquired?

voluntary transfer

A patent grants the holder the exclusive right to produce, sell, and use the object of the patent for ______.

20 years

Which of the following is an inaccurate statement regarding a gift causa mortis?

A gift causa mortis has the same legal effect as a will bequest.

______ is a process, product, method of operation, or compilation of information that gives a businessperson an advantage over his or her competitors.

A trade secret

Which of the following is true of an easement?

An easement 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 is an accurate statement regarding abandoned property?

Anyone finding abandoned property becomes its owner by possessing it.

______ is the legal process by which a transfer of property is made against the protest of the property owner.

Condemnation

Which of the following is an accurate statement regarding copyrights?

Copyrights do not protect the ideas themselves, but instead protect the fixed form that expresses the ideas.

Which of the following is an accurate statement regarding lost property?

In most states, the finder of lost property has title to the lost goods against all except the true owner.

______ property is a property that the true owner has unknowingly or accidentally dropped or left somewhere.

Lost

______ property consists of tangible, movable objects

Personal

______ property is land and everything permanently attached to it.

Real

Identify a true statement about the comparison between a leasehold estate and a fee simple absolute estate.

The holder of a leasehold estate has a possessory interest only, while the holder of a fee simple absolute estate has an ownership interest.

Which of the following is not a criterion for patent protection?

The object of the patent must be profitable.

To enjoin a competitor from continuing the use of a trade secret and/or to recover damages caused by the use of the secret, a plaintiff must prove all but which of the following?

The trade secret was protected by a United States Patent and Trademark Office-certified patent.

Which of the following is an accurate statement regarding a trade secret action?

To prevail in a trade secret action, a plaintiff must prove that the trade secret actually existed.

Which of the following is entitled to trademark protection?

a distinctive design

Which of the following refers to the right a patent holder gives others to manufacture and/or sell the patented object?

a license

A future interest usually exists in conjunction with which of the following real property interests at the time that it is granted?

a life estate and a conditional estate

Which of the following does not constitute a trade secret?

a patent

Which of the following is a gift made by a person during his or her lifetime?

an inter vivos gift

Intellectual property comes from ______.

creativity

The owner of a(n) ______ possesses the same interest as the owner of a fee simple absolute except that this interest is subject to a condition

conditional estate

The owner of a(n) ______ possesses the same interest as the owner of a fee simple absolute except that this interest is subject to a condition.

conditional estate

With a(n) ______, if a certain required event fails to occur or a specific prohibited event occurs, the interest will be terminated.

conditional estate

With a(n) ______, if a certain required event fails to occur or a specific prohibited event occurs, the interest will be terminated. Multiple choice question.

conditional estate

______ protect the expression of creative ideas.

copyrights

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

easement

The government's right to exercise ______ is an example of condemnation.

eminent domain

Which of the following is not an example of a voluntary transfer of property?

eminent domain

A ______ interest is a person's present right to property ownership and possession in the future

future

Which of the following are types of property interests?

future temporary permanent

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

intellectual

A ______ is a possessory interest, but not an ownership interest, transferred by contract.

leasehold estate

A(n) ______ granted by a patent holder allows others to manufacture and/or sell the patented object.

license

A(n) ______ is a right to use another's property that is both temporary and revocable.

license

Which of the following is not patentable?

musical compositions

Which of the following is not a necessary element for a valid gift?

mutual consideration

In the context of the criteria required for patent protection, to say that an invention must be ______ means that the invention must not be one that a person of ordinary skill in the trade could have easily discovered

nonobvious

In the context of the criteria required for patent protection, to say that an invention must be ______ means that the invention must not be one that a person of ordinary skill in the trade could have easily discovered.

nonobvious

An automobile is an example of ______.

personal property

Real property is commonly referred to as ______.

realty

Furniture, cars, and other goods are examples of ______ property.

tangible

An involuntary transfer of personal property does not occur _____.

when property has been acquired as a gift

An involuntary transfer of personal property occurs in all but which of the following circumstances?

when property has been acquired by purchase