chapters 17, 24, 25, & 18 exam review

The Berne Convention

A U.S. citizen who writes a book in the United States automatically has copyright protections in other signatory countries under which agreement?

trademark

A business using a word, phrase, symbol, or design to identify and distinguish its brand of goods would protect that branding with a:

if unregistered, as long as it is in use

A business will be able to protect its trademark for how long?

Contractual Agreement

A company handbook states that employees will be given warnings for three instances of arriving late for work, after which they will be fired. An employee is fired after being late for the first time. Which of the exceptions to at-will employment could apply?

trademark infringement.

A company which has used a trademark similar to another's trademark in a way that is likely to cause confusion among consumers has committed:

gift causa mortis

A person in her last days with a terminal illness tells her friend that he can have her car when she dies. This type of gift is called a:

1, 3 (The plaintiff's trademark is famous and distinctive. The defendant's use has blurred or tarnished the distinctiveness of the plaintiff's mark.)

A plaintiff is required to prove which two of the following elements for trademark dilution? Choose 2 answers. 1. The plaintiff's trademark is famous and distinctive. 2. The plaintiff's and the defendant's marks are identical. 3. The defendant's use has blurred or tarnished the distinctiveness of the plaintiff's mark. 4. The defendant intended to dilute the plaintiff's trademark.

for a definite amount of time

A tenancy for years will last:

1, 2, 4 (the business' liability for the worker's actions. ownership of work created on the job. the business' taxes.)

A worker's status as an employee or independent contractor affects: (Choose 3 answers.) 1. the business' liability for the worker's actions. 2. ownership of work created on the job. 3. whether the job is full time or part time. 4. the business' taxes.

70 years

An author may expect to receive copyright protection for the life of the author plus:

the Occupational Safety and Health Act (OSHA).

At the federal level, the primary legislation that protects workers from dangerous conditions on the job is:

trade secret

Benita has a food truck where she sells spicy fried gorditas. Benita has been making the gorditas for years, using her family's recipe that has been passed down from generation to generation. Benita wants to protect her family recipe from being revealed to anyone else, so Benita considers the options available to her for the protection of her intellectual property. Because Benita's main concern is protecting the recipe from being revealed to anyone else, Benita's best approach is to treat the family fried gordita recipe as a:

twenty-four hours.

Benjamin works for The Cabinet Maker, a large manufacturing plant that makes ready-to-hang cabinets for the kitchen and bath. Benjamin is running a table saw that cuts wood into strips to make a cabinet. As Benjamin loads wood onto the conveyer belt, he slips on the concrete floor and falls into the table saw. Benjamin's face and arms are severely injured by the table saw, and he is rushed to the hospital. Benjamin's injuries are so severe that he is admitted to the hospital for four days. The Cabinet Maker must file a report of Benjamin's work-related injury with the Occupational Safety and Health Administration (OSHA) within:

1 (the medium of the copyrighted work.)

Courts will consider all EXCEPT the following in determining whether the fair use doctrine applies: 1. the medium of the copyrighted work. 2. the amount of the work used in relation to the work as a whole. 3. the effect of the use on the potential market. 4. the purpose and character of the use.

1, 2, 3 (Using a patented invention without permission of the patent owner Selling a patented invention without permission from the patent owner Making a patented invention without permission from the patent owner)

Direct infringement includes which of the following? Choose 3 answer choices. 1. Using a patented invention without permission of the patent owner 2. Selling a patented invention without permission from the patent owner 3. Making a patented invention without permission from the patent owner 4. Encouraging another to sell a patented invention, without permission from the patent owner

copyright

For an original work of authorship, such as a book, song, poem, article, recording, or other work, an author would seek the protection of a:

No, most agency agreements do not have to be in writing to be effective.

Heather is an artist and has several watercolors she would like to sell. Heather orally asks Rylee to sell the paintings for her and directs Rylee that each painting should be sold for at least $100. Rylee schedules a showing in her art gallery to display Heather's paintings. On the day of the showing, a customer offers to buy one of the paintings for $100, and Rylee accepts. When Heather finds out the price the painting sold for, she tries to get the painting back from the customer. Heather claims that she and Rylee did not have a written agency agreement, and, therefore, an agency relationship did not exist between them. Is Heather correct?

The principal's agent has the authority to bind the principal in a contract with a third party.

How does a principal become liable to third parties on contracts?

up to 12 weeks of unpaid time off

How much time off does the Family and Medical Leave Act (FMLA) provide?

reinstatement, back pay, and attorneys' fees.

If an employee reports illegal behavior of a publicly traded company and is later terminated because of it, under Sarbanes-Oxley they may be entitled to:

fee simple absolute

If an individual owns a piece of property and has the unlimited authority to use and sell the property, they have what?

negligent hiring

If harm is done by an agent, and it is discovered that this agent has been convicted of the same harm before at a previous job, what might a principal be liable for?

Clark owns the property.

In Suzanne's will, she left her home and five acres to her niece, Abrhianna. However, before her death, Suzanne sold the property to Clark, providing a deed in fee simple. At the moment of Suzanne's death, who owns the property?

2, 3 (co-owners may ask the court for a partition. two or more people own the same piece of property.)

In a tenancy in common: (Select 2 answers) 1. if either of the co-owners dies, the property automatically passes to the surviving co-owners. 2. co-owners may ask the court for a partition. 3. two or more people own the same piece of property. 4. if either of the co-owners sells their share of the property, the tenancy in common is severed.

deliver actual possession of personal property to the bailee.

In order to form a bailment, the bailor must:

Yes, but the agent must reimburse the principal.

Is a principal liable for the tortious actions of the principal's agent?

Yes, if the contract requires compensation.

Is a principal under a duty to compensate an agent who works on the principal's behalf?

Yes, he is because there was an undisclosed principal who failed to perform.

Isaiah wants to build a new shopping complex. He is afraid that once news gets out about his plans, the price of the land where he wants to build the shopping complex will increase in price. Isaiah, therefore, hires Landon to purchase the parcels of land for him and to keep the fact that Landon is working for Isaiah a secret. Landon enters into a written contract for the sale of the land with Miriam and does not tell Miriam that Landon is an agent for anyone else on the deal. Isaiah refuses to buy the property from Miriam. Is Landon obligated to perform the contract with Miriam?

the servient estate

Land burdened by an easement is called:

no duty to sell the house, but if Julianna does attempt to sell the house, she owes Marlo the duty to use reasonable diligence and skill in performing the task.

Marlo is about to be transferred overseas and wants to sell her house. Julianna, who is not a real estate agent, offers to sell the house for Marlo for free. Marlo jumps at the chance to get such a valuable service for free! Because Julianna offered to sell the house for free, Julianna owes Marlo:

No, if the matter is one of public concern.

May the government terminate a government employee who speaks out against policies and procedures?

novel, nonobvious, and useful

Patentability requires an invention be:

mislaid

Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten is:

1, 2, 3 (fixtures land buildings)

Real property consists of which of the following? Select 3 answers. 1. fixtures 2. land 3. buildings 4. harvested crops

1, 3, 4 (criticism. teaching and scholarship. news reporting.)

The fair use doctrine applies to reproductions of copyrighted works for the purpose of: (Select 3 answers) 1. criticism. 2. avoiding royalty fees. 3. teaching and scholarship. 4. news reporting.

Actual authority

What authority is ended with the termination of an agency relationship?

A party affirms the contract another person made with a third party.

What does the ratification of an agency relationship include?

The principal's actions

What is the key factor in apparent authority?

Simply notify the agent of the termination.

What must a principal do to terminate an agency at will?

2, 3, 4 (lapse of a pre-specified time achievement of the purpose of the agency mutual agreement between agent and principal)

What will terminate an agency relationship? Choose 3 answers. 1. passage of one year, as agency agreements must be updated annually 2. lapse of a pre-specified time 3. achievement of the purpose of the agency 4. mutual agreement between agent and principal

periodic tenancy

When a tenant is allowed to remain in possession of the residence after the expiration of a fixed-term tenancy by continuing to pay monthly rent, the tenancy has become a:

a tenancy at sufferance.

When a tenant wrongfully holds over from the term of their lease, it is called:

1, 3, 4 (The gift must be delivered. The donee (one receiving the gift) must accept the gift. The giver must intend to make a gift.)

Which of the following are requirements for a valid gift? Choose 3 answers. 1. The gift must be delivered. 2. The gift must have value. 3. The donee (one receiving the gift) must accept the gift. 4. The giver must intend to make a gift.

1 (periodic tenancy)

Which of the following conveys a possessory interest in real property? 1. periodic tenancy 2. easement 3. profit 4. license

1 (cabinets attached to the wall of a garage)

Which of the following is an example of a fixture? 1. cabinets attached to the wall of a garage 2. a television that is attached to a wall bracket 3. a child's swingset that is in the backyard of a house 4. a refrigerator in the kitchen of a house

An independent contractor controls the details of his or her day-to-day work activities.

Which of the following is the most important distinction between employee status and independent contractor status?

Either the agent or the principal may terminate.

Who can terminate an agency relationship?

3 (by sale, by gift, through a will, through adverse possession, and through eminent domain.)

Methods for transferring title to real estate include: 1. by sale, by gift, through a will, through bankruptcy, and through eminent domain. 2. by sale, by gift, by theft, and through eminent domain. 3. by sale, by gift, through a will, through adverse possession, and through eminent domain. 4. by sale, through a will, by default, and through adverse possession.

National Labor Relations Act (NLRA).

The 1935 act that protects workers' rights to form and join unions for collective bargaining is called the:

2, 3 (requires members of the WTO to have laws and remedies protecting intellectual property rights establishes standards for protection of intellectual property)

The TRIPS Agreement does which of the following? Choose 2 answer choices. 1. makes it an international crime to infringe on patent rights 2. requires members of the WTO to have laws and remedies protecting intellectual property rights 3. establishes standards for protection of intellectual property 4. automatically provides patent registration in all signatory countries

1, 2 (Lost benefits. Lost wages.)

What are the best remedies for wrongful termination in the case of someone who found another job three months after being fired? Choose 2 answer choices. 1. Lost benefits. 2. Lost wages. 3. Reinstatement. 4. Criminal charges.

1, 3, 4 (obedience loyalty accounting)

What are the fiduciary duties of an agent to her principal? Choose 3 answers. 1. obedience 2. indemnification 3. loyalty 4. accounting

1, 3 (money to cover wages from missed work time money to help pay medical costs)

What are the two main benefits of workers' compensation to the injured employee? Choose 2 answers. 1. money to cover wages from missed work time 2. assistance in bringing a lawsuit against the company for the injuries 3. money to help pay medical costs 4. free safety training courses

1, 2, 3 (Employers are self-insured and pay claims out of company funds. Employers pay into a state-run insurance plan, and claims are paid by the insurance. Employers pay into a privately-run insurance plan, and claims are paid by the insurance.)

What are three ways that state workers' compensation claims are funded? Choose 3 answers. 1. Employers are self-insured and pay claims out of company funds. 2. Employers pay into a state-run insurance plan, and claims are paid by the insurance. 3. Employers pay into a privately-run insurance plan, and claims are paid by the insurance. 4. Employees purchase an optional injury insurance plan through the company and claims are paid through that insurance.

2, 3, 4 (Agricultural workers Temporary workers Domestic workers)

Which of the following workers are generally NOT eligible for workers' compensation? Select 3 answers. 1. Construction workers 2. Agricultural workers 3. Temporary workers 4. Domestic workers

both the agent and the principal

Who is liable to third parties for damage caused by an agent's tortious conduct if the principal had directed the agent to take that action?

vacate the apartment, and Sabrina will be liable for any expenses he incurs.

Sabrina owns an apartment complex in upstate New York. One of her renters, Salvo, informs her in January that the heating unit has stopped working in his apartment. Sabrina promises to fix the problem, but two weeks later, the heating unit is still not working. Salvo may:

fixed-term tenancy

Signing an 18-month lease on a two-bedroom townhouse with a monthly rent of $900 creates a:

2 (Lucia purchases a book and later resells it to her friend.)

Which of the following qualifies for protection under the first sale doctrine? 1. Sofia writes a piece of music and sells the rights to the composition. 2. Lucia purchases a book and later resells it to her friend. 3. Francesco buys an original painting, paints an exact copy of it, and sells it. 4. Hugo buys a computer program, copies the code to his own computer, and then sells the program to another person.

1 (The owner prepares the tax returns.)

Which of the following scenarios illustrates a business world without agency relationships? 1. The owner prepares the tax returns. 2. A corporation with only one employee. 3. Hiring an expert as an independent contractor. 4. Hiring an expert as an employee.

a trade secret

Which of the following types of intellectual property may only be owned by a business?

patent

Which of the following types of intellectual property protection usually has a set term of 20 years?

2, 3, 4 (the "Fair Labor Standards Act" poster the "Job Safety and Health Protection" poster the "Family and Medical Leave Act" poster)4 (

Which posters does the Occupational Safety and Health Act (OSHA) require most businesses to display? Choose 3 answers. 1. the "Fire Escape Routes" poster 2. the "Fair Labor Standards Act" poster 3. the "Job Safety and Health Protection" poster 4. the "Family and Medical Leave Act" poster

an easement

A nonpossessory interest in land owned by another that entitles its holder to a specific limited use of the land is called:

Yes, Ruby has violated a principal's duty of cooperation and may be liable to Grover for Grover's lost profits.

Grover is a sales representative for Avon Products Inc., a company that sells beauty and gift products door-to-door. Ruby, Grover's manager, assigns Grover a certain territory in which to work. The territory that Grover is assigned has historically had one of the highest sales records in the state. Ruby is concerned that Grover is not adequately working the territory, so she allows Regina to also sell in that same territory. Does Grover have any grounds on which to file a lawsuit against Ruby?

to bring copyright laws into the digital age by regulating digital media copyright infringement.

One of the key purposes of the Digital Millennium Copyright Act (DMCA) is:

Business contributions to a state held fund

Where do the funds to pay out workers' compensation claims come from?

Labor-Management Relations Act.

Which law specifically allows an employer to require union membership after working a specific period of time?

4 (They "run with the land.")

Which of the following is true about easements appurtenant? 1. They are temporary. 2. They give a person authority to remove something from the land of another. 3. They benefit a particular person as opposed to the land. 4. They "run with the land."

she must reveal the formula, but has the sole right to produce and sell it for twenty years.

Monica has created her own cleaning solution. Monica's friends encourage her to sell the cleaning solution; they think it is so fantastic that they believe Monica will make a lot of money on it. They encourage Monica to apply for a patent on the cleaning solution formula so that no one can copy it, and so Monica will be the only one who can sell it. Monica likes the idea of making a lot of money by selling her cleaning solution, but she does not want to give up her secret ingredient. If Monica applies for and receives a patent on the cleaning solution:

2, 3 (Collective bargaining. Union certification.)

The National Labor Relations Board (NLRB) is involved in what union activities? Choose 2 answer choices. 1. Mediating the collective bargaining negotiations between employers and employees. 2. Collective bargaining. 3. Union certification. 4. Certifying right-to-work elections.

the city may take the property under the principle of eminent domain since it is for a public use, as long as it pays Roy just compensation.

A new north-south interstate highway was being planned, and the route for the interstate went straight through Roy's property. Roy received a notice from the city stating that his property would be condemned and setting a hearing on the matter. Roy appeared at the hearing to contest the action, saying he had lived in this house for forty years, and strenuously objected to the city taking his property! The probable result is that:

the ceiling fans and central air unit because they would be considered fixtures.

After acquiring three new rental properties, Savannah made improvements to them. In the first property, she installed ceiling fans in each bedroom. In the second, she laid out decorative throw rugs in the living room. In the third, she had a new central air unit installed. Six months later, she decides to sell the properties and is wondering which of these improvements she can remove from the properties and keep for herself. Of the three improvements, Savannah CANNOT remove:

the Digital Millennium Copyright Act.

Arvitz purchases a copy of Wordsample 7.0 software, the newest version of the word processing program he normally uses. Arvitz wants to share a copy of the software with his friends Kim and Carrie, but the program was designed to only be copied once. Arvitz is a decent programmer, so after spending a little time with the program, Arvitz learns how to bypass the code that only allows the program to be copied once. Arvitz then makes copies of the program and gives these copies to Kim and Carrie. By copying the word processing program and giving the program to his friends, Arvitz has violated:

Dakota's novels will be protected if both the United States and Australia are signatories to the Berne Convention.

Dakota's series of romantic novels is very popular in the United States, so much so that her publisher, Antwone, wants to begin publishing the novels in other countries as well. Antwone approaches a publishing house in Australia, and the publishing house is open to discussing a deal. Dakota is concerned that her copyright only protects her in the United States, so Dakota asks Antwone to research that for her. When Antwone researches that issue for Dakota, he will discover that:

3, 4 ( Businesses can grow by hiring employees. Workers can specialize and become experts.)

How do agency relationships affect businesses and the business world? Choose 2 answer choices. 1. Principals are benefited, but agents are not benefited. 2. Agency relationships eliminate legal concerns. 3. Businesses can grow by hiring employees. 4. Workers can specialize and become experts.

Roland must do so in writing because the agency agreement is in writing.

Roland and Alfreeda enter into a written agency agreement in which Alfreeda will represent Roland as his agent to obtain acting jobs for Roland. No termination provisions are included in the written agreement. If Roland wishes to terminate his agreement with Alfreeda:

Berne Convention

The earliest international agreement that provided copyright protections among the signatories to the agreement was the:

patent protection

To prevent others from making, selling, or using an invention, an inventor should seek what type of intellectual property protection?

1, 2, 4 (if the agent entered into the contract in a personal capacity when the agent is acting without authority when the principal is undisclosed)

When is an agent liable on a contract that the agent entered into in the business of the agent's principal? Choose 3 answers. 1. if the agent entered into the contract in a personal capacity 2. when the agent is acting without authority 3. when the principal is not satisfied with the terms of the contract 4. when the principal is undisclosed

under the FLSA, children who are sixteen or seventeen years old may work unlimited hours as long as they work in nonhazardous jobs.

Mateo is sixteen years old and just got his first job bagging groceries at Harry's Market, a local grocery store. During the school year, Mateo works limited hours after school and on the weekends. Now that school is out, Harry's Market increases Mateo's hours to six days a week and eight hours a day. Mateo's mother Isabel is concerned about Mateo working such long hours. She knows there is a federal law, the Fair Labor Standards Act (FLSA), that protects children from working long hours and too many days per week. When Isabel raises the issue with Mateo's supervisor, Mateo's supervisor explains to Isabel that:

be successful because she was fired for an unlawful reason.

Onida is an employee at Kale's Manufacturing Company. The company makes bicycle tires, and Onida's job is to inspect the inner tubes before they are inserted into the tires. She recently noticed that the inner tubes are thinner than the safety specifications require. Onida tells her supervisor, Tom, about the problem, and is instructed to ignore it because these thinner tubes save the company money. Onida cannot ignore this problem in good conscience, so she tells Tom that if he is not going to report the problem, she will. Tom then fires Onida. Kale's Manufacturing Company is in an employment-at-will state. If Onida brings a lawsuit for wrongful termination, she will likely:

twelve weeks

Rosemary's son Dave was recently injured in an automobile accident and now needs round-the-clock care. Rosemary works at the Silver Spoon Café, which has 63 employees. Rosemary advises her supervisor that she needs to take time off to care for Dave. Rosemary quickly uses up all her accrued leave time, so she applies for time off under the Family and Medical Leave Act (FMLA). Under the FMLA, Rosemary may take unpaid time off to care for her injured son for up to:

The object was in or on the property at the time of sale.

Which of the following does NOT qualify an object as a fixture? 1. The object is intended by the owner to remain there permanently. 2. It is attached to the property in such a way that removing it would cause damage. 3. The object was in or on the property at the time of sale. 4. The object was specially made for the property.

2, 3 (A customer mislaying a phone in a restaurant A person forgetting to take home their cooler from their friend's cookout)

Which of the following scenarios represents an example of an involuntary bailment? Select 2 answers. 1. A customer depositing their luggage with an airline 2. A customer mislaying a phone in a restaurant 3. A person forgetting to take home their cooler from their friend's cookout 4. A customer leaving their car to be serviced with a mechanic

4 (Under the FLSA, any employee who works more than 40 hours per week must be paid no less than 1.5 times regular pay for all hours worked over 40.)

Which of the following statements is a provision of the Federal Labor Standards Act (FLSA)? 1. Companies with 20 or more hourly employees must use time clocks to standardize recordkeeping. 2. Child labor restrictions apply only to workers under the age of 16. 3. All workers must be paid at least the federal minimum wage. 4. Under the FLSA, any employee who works more than 40 hours per week must be paid no less than 1.5 times regular pay for all hours worked over 40.

1 (fanciful, arbitrary, suggestive, descriptive, generic)

Which of the following types of trademarks are in the correct order, from highest protection to lowest protection? 1. fanciful, arbitrary, suggestive, descriptive, generic 2. suggestive, arbitrary, fanciful, generic, descriptive 3. arbitrary, fanciful, suggestive, descriptive, generic 4. generic, descriptive, arbitrary, fanciful, suggestive

Agencies terminated by operation of law

For what terminations does a principal NOT have a duty to notify third parties?

1, 2, 3 (investigate employees' charges of unfair labor practices. file complaints against employers in response to charges of unfair labor practices brought by employees. issue a cease-and-desist order.)

The National Labor Relations Board (NLRB) has the authority to: (Choose 3 answers.) 1. investigate employees' charges of unfair labor practices. 2. file complaints against employers in response to charges of unfair labor practices brought by employees. 3. issue a cease-and-desist order. 4. file an appeal in federal court.

committed copyright infringement because her actions are not permissible under the first sale doctrine.

Chloe is taking a botany class at the local university, so she purchases the textbook from the bookstore. Several of Chloe's friends are also taking the botany class. Chloe decides to make some money on her purchase of the textbook. Chloe scans the book into her computer and then sells the digital copies to her friends for 25 percent of the price they would have paid for the textbook. After selling her digital "product" to six friends, Chloe not only has more than recovered the cost of her textbook, she can still sell the book back to the bookstore at the end of the semester. Genius! By scanning and selling the textbook, Chloe has:

ability to be moved

The attribute that distinguishes personal property from real property is:

2 (allows a person who owns a lawfully made copy of a copyrighted work to sell the copy.)

The first sale doctrine: 1. allows for the rental or lease of sound recordings. 2. allows a person who owns a lawfully made copy of a copyrighted work to sell the copy. 3. does not apply to computer programs readable by humans. 4. allows the owner of a copy of a copyrighted work to further copy and sell that work.

Express and Implied Authority

What are the two types of actual authority?

2, 3 (The principal must have the legal capacity to contract. The principal affirms the agent's entire act, not just a portion.)

What does agency by ratification require? Choose 2 answer choices. 1. The agent must have followed all of the principal's rules in negotiating and signing the contract. 2. The principal must have the legal capacity to contract. 3. The principal affirms the agent's entire act, not just a portion. 4. The principal must have hired the agent before the contract was signed.

3, 4 (revocation, if done by the principal renunciation, if done by the agent)

What is the term for the act of terminating an agency relationship? Choose 2 answers. 1. renunciation, if done by the principal 2. revocation, if done by the agent 3. revocation, if done by the principal 4. renunciation, if done by the agent

be successful because the general manager orally promised him that he would remain in his job as long as his sales stayed at a specific level, and he has maintained that level.

Gerald has been a sales representative for Goldsmith's Department Store for the past five years. When Gerald was hired, the general manager told Gerald that he would have a job there as long as he made $3,000 in sales each month. Every month, Gerald has exceeded that level in sales, so he is surprised when his supervisor calls him into the office and fires him. Gerald tells the supervisor about the promise from the general manager not to fire him as long as his sales were $3,000 each month. The supervisor responds by telling Gerald that the law in this state is employment at will, so he can fire him at any time for any reason. If Gerald sues Goldsmith's for wrongful termination, he will likely:

had no valid bailment, and Joe is not responsible for the damage to the car.

Joe's Garage specializes in repairing foreign cars. Malcolm brings his Alpha Romeo to Joe's Garage for repair. Malcolm explains to Joe, the owner of the garage, that there is a strange sound under the hood and the left front tire is wobbling. Joe is about to leave town to go to Italy for three weeks and tells Malcolm that he cannot accept the repair job and Malcolm should remove the car from Joe's property. Malcolm is worried about driving the car, so he leaves it on Joe's property behind the building. Joe leaves for vacation, not realizing that Malcolm's Alpha Romeo is parked out back. While Joe is in Italy, someone vandalizes the car and causes thousands of dollars of damage. When Malcolm returns for his car and finds out the car has been vandalized, Malcolm sues Joe. Malcolm claims the car was Joe's responsibility because they had a valid bailment. The court will likely find that Joe and Malcolm: