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Exam 7: Tort Law

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Question 31

Multiple Choice

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Reference - Easement Dispute. Sally buys a house from Bob that borders on a lake. Her deed gives her the most complete estate a person may have. She is in her bathing suit sunning one day when her neighbor, Fred cuts through her yard. Sally tells him not to do that anymore. Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access. Sally asks you what she should do to try to get rid of Fred because she doesn't like him cutting through her yard when she is sunning. What is the best advice you can give Sally regarding getting rid of Fred?

A) To call the police when he shows up because any rights he had, terminated when Sally bought the property.
B) To sell her property and move on because she has absolutely no hope.
C) To put up with Fred for one year because his interest could only last that long after her purchase.
D) To put up with Fred for three years because his interest could only last that long after her purchase.
E) To reach some sort of agreement with him, possibly by paying him to give up the easement.

F) A) and B)
G) A) and C)

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Question 32

Multiple Choice

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A _____________ estate is granted for the lifetime of an individual with the right to possess the property terminating at the individual's death.

A) Conditional estate
B) Life estate
C) Leasehold estate
D) Future interest
E) Fee simple absolute

F) A) and D)
G) All of the above

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Question 33

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In Germany land expropriated by the government reverts to its former owner if the property is no longer needed by the government.

When copyright is at issue, proof that an item is similar is not necessarily infringement.

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

A license is a right to use another's property that is temporary but not revocable.

The term _____________ rights references the right to enter onto property to remove underground materials.

Reference - Scuba Diving. Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. Which of the following describes the agreement between Marcy and Frank?

Reference - Lottery Winnings. Frank, a hypochondriac who was also very compulsive, was having minor surgery to repair a bone spur on his foot. He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000. Frank's girlfriend, Bubbles, went with him to the hospital. While in the waiting room, Frank said to her, "Bubbles, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up, but please don't get another boyfriend." Bubbles replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Frank came out of the surgery just fine but with a sore foot. While he was recuperating, that evening, Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Frank saw her on television with her new boyfriend, George. She appeared to be very happy. He checked the numbers and discovered that she won off of his ticket. Frank says that the lottery money is his. Which of the following is true regarding rightful ownership of the lottery money?

Under the U.S. Constitution, private property may only be taken by the government if the government plans to develop the property itself for a public use such as for a school or a road.

Reference - Lottery Winnings. Frank, a hypochondriac who was also very compulsive, was having minor surgery to repair a bone spur on his foot. He had just purchased a lottery ticket for a chance at the grand prize of $30,000,000. Frank's girlfriend, Bubbles, went with him to the hospital. While in the waiting room, Frank said to her, "Bubbles, I may not make it out of this bone spur surgery. Take my lottery ticket. If I don't make it, I hope you win and live it up, but please don't get another boyfriend." Bubbles replied, "I could never be happy without you." A nurse saw and heard the whole exchange. Frank came out of the surgery just fine but with a sore foot. While he was recuperating, that evening, Bubbles watched the lottery drawing and discovered that Frank's ticket was indeed the winning ticket. She immediately moved out and collected the winnings. Frank saw her on television with her new boyfriend, George. She appeared to be very happy. He checked the numbers and discovered that she won off of his ticket. Frank says that the lottery money is his. Which of the following is true regarding Frank's statement at the hospital regarding Bubbles taking the ticket?

In the intellectual property arena, the term _____________ refers to the overall appearance and image of a product.

Property that the original owner has discarded is _____________ property.

Reference - Scuba Diving. Marcy invented a new type of mask for scuba divers that was not subject to fogging. She agrees to allow Jenny to manufacture and sell the mask. She receives a sum of money for every mask that Jenny sells. Marcy also entered into an agreement with Frank to allow him to sell the masks but only if he also purchased non-patented diving suits from Marcy. All parties proceeded to do very well with their sales. Payments that Marcy would receive from Jenny for the sale of the mask are referred to as which of the following?

Which of the following is needed for a valid gift?

The owner of a _____________ estate possesses the same interest as the owner of a fee simple absolute, only this interest is subject to a condition that may result in termination of the interest.

Reference - Easement Dispute. Sally buys a house from Bob that borders on a lake. Her deed gives her the most complete estate a person may have. She is in her bathing suit sunning one day when her neighbor, Fred cuts through her yard. Sally tells him not to do that anymore. Fred informs her that he had previously purchased and properly recorded a right to cut across her yard to get lake access. Sally asks you what she should do to try to get rid of Fred because she doesn't like him cutting through her yard when she is sunning. What type of estate did Sally purchase from Bob?

Which of the following is false regarding property interests in Vietnam?

To be protected in ____________ use, a trademark must be registered with the U.S. Patent Office under the Lanham Act of 1947.

An invention may be considered a trade secret.