Chapter 8

you will be reviewing a case discussing property and the use of property. Before beginning this activity, review LO 8-3 in Chapter 8. Pay attention to the different interests in real property.CONCEPT REVIEW: Real property, commonly referred to as realty, is land and everything permanently attached to it. The type of ownership interest a person has in a piece of property determines his or her rights to the property. For a business, real property would include warehouses, factories, offices, and other buildings owned by the business. Real property only includes those structures that are affixed to the land, not those which can be removed, such as equipment.Mini Case: Read the case below, and then answer the accompanying questions. John is an avid boater and desires to buy a cottage somewhere where he can boat on the weekends. He finds a perfect parcel of land and a cozy two-bedroom cottage at Blue Lake. He absolutely loves the property. However, there is one problem: the cottage is not directly on the lake. While it is close to the shore, it does not have lakefront access. The cottage is adjacent to a lot that is located on the lakefront property. The same owner, Tad, owns both the lot of lakefront land and the lot with the cottage. As part of the terms of the sale of the cottage, the owner of the property agrees to allow John unrestricted access to the lakefront property on the lot adjacent to his cottage. The terms of the formal agreement allow John to use the lakefront property to load and store his boat. John can also have guests at the lake for boating purposes. However, John is not allowed to take anything from the property when he uses it. Most people think of interests in land as being possessory in nature. Which of the following do not include the right to possess the property? Multiple Choice Profits Licenses None of these Easements All of these

All of these

Suppose that Tad sells his lakefront property to Bo. In this situation, __________________________. Multiple Choice Bo would not have the burden of the existing easement the easement automatically terminates upon the sale of the property Bo has no right to accept the offer Bo would have the burden of the easement as long as it had been properly recorded the easement owner cannot deed the easement back to the property owner

Bo would have the burden of the easement as long as it had been properly recorded

Clark pays a computer programmer, Ned, to create a new social-networking website for him. In this situation, __________________. no one owns the website Ned owns the website both Clark and Ned share ownership of the website the website is real property Clark owns the website

Clark owns the website

The _________________ provides that others may reproduce a portion of a copyrighted work for purposes of "criticism, comment, news reporting, teaching, scholarship, and research." Copyright Reproduction Act Fair-use doctrine Digital Millennium Copyright Act Shepard Farley case No Electronic Theft Act

Fair-use doctrine

Which of the following interests in real property is the most complete estate a person may have? Multiple Choice None of these Conditional estate Fee simple absolute Correct Leasehold estate Life estate

Fee simple absolute correct

In determining whether the fair-use doctrine provides a valid defense to a claim of copyright infringement, Section 107 of the Copyright Act requires that the court weigh four factors, but. The effect of the use on the potential market for or value of the copyrighted work. The nature of the copyrighted work. How much money the copyrighted material should be worth. The amount and substantiality of the portion used in relation to the copyrighted work as a whole. The purpose and character of the use.

How much money the copyrighted material should be worth.

A married couple's property is transferred against their protest. The couple is compensated for this transfer. Which of the following describes the type of transfer made for this couple's property? Multiple Choice Involuntary transfer by condemnation. Voluntary transfer. Voluntary transfer by adverse possession. Involuntary transfer by indemnification. Involuntary transfer by adverse possession.

Involuntary transfer by condemnation.

... etc In the scenario described in the case, who has easement rights to a specific piece of property? Multiple Choice No one John's guests John Both John and Tad Tad

John

Which of the following examples falls under the domain of copyright law? The Starbucks logo. The full-length film "The Godfather." The McDonald's Golden Arches. The patent for an ad workout machine. The Nike Swoosh.

The full-length film "The Godfather."

You are the head of a start-up company that makes several apps available for sale online. You have relatively small revenues in your first two months in business, and your business is headquartered in California. Should you register your trademark with the USPTO? Multiple Choice None of these. Yes, because your online sales can occur throughout the country and you want to protect their interstate use. No, because your company is headquartered in one state only and could be protected by state common law. Yes, because a company should always register its marks with the USPTO. No, your company is too small to have a trademark.

Yes, because your online sales can occur throughout the country and you want to protect their interstate use.

To succeed on a claim for misappropriation of a trade secret, a plaintiff must show Multiple Choice a trade secret actually existed, the defendant acquired the trade secret and used it. a trade secret actually existed. a trade secret actually existed, the trade secret was registered, the defendant acquired it through unlawful means, and the defendant used the trade secret without permission. a trade secret actually existed and was registered, and the defendant acquired it through unlawful means. a trade secret actually existed, and the defendant acquired it through unlawful means, and the defendant used the trade secret without permission.

a trade secret actually existed, and the defendant acquired it through unlawful means, and the defendant used the trade secret without permission.

Mini Case: Read the case below, and then answer the accompanying questions. John is an avid boater and desires to buy a cottage somewhere where he can boat on the weekends. He finds a perfect parcel of land and a cozy two-bedroom cottage at Blue Lake. He absolutely loves the property. However, there is one problem: the cottage is not directly on the lake. While it is close to the shore, it does not have lakefront access. The cottage is adjacent to a lot that is located on the lakefront property. The same owner, Tad, owns both the lot of lakefront land and the lot with the cottage. As part of the terms of the sale of the cottage, the owner of the property agrees to allow John unrestricted access to the lakefront property on the lot adjacent to his cottage. The terms of the formal agreement allow John to use the lakefront property to load and store his boat. John can also have guests at the lake for boating purposes. However, John is not allowed to take anything from the property when he uses it. A(n) ______is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.Multiple Choice condominium license easement profit tenancy by the entirety

easement

Someone who purchases a ticket to the zoo has the right to a specific use of the zoo property for a limited time, subject to good behavior. This purchase of a ticket is a type of ___________________. license leasehold easement by prescription easement by implication profit

license

...etc Suppose that instead of John's having rights to boat at the lake, Tad actually gives John the right to take some of the land for his own use. Specifically, Tad gives John the right to take some of the sand he has down by the beachfront property and transport it to John's own land. This situation involves a(n) ________________________. Multiple Choice profit Correct license easement tenancy in common easement by prescription

profit

Suppose that instead of John's having rights to boat at the lake, Tad actually gives John the right to take some of the land for his own use. Specifically, Tad gives John the right to take some of the sand he has down by the beachfront property and transport it to John's own land. This situation involves a(n) ________________________. Multiple Choice profit license easement tenancy in common easement by prescription

profit