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