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Need an answers, no need for an explanation. 4. Of all the interests in land, which of the following confers the greatest rights upon the

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4. Of all the interests in land, which of the following confers the greatest rights upon the holder of the interest? * (1 Point) O Life estate 0 Leasehold estate 0 Easement 0 Fee simple estate 5. Which of the following could be the subject matter of a patent? * (1 Point) O A bird watcher sees the Dudo bird, a new species of bird never before recorded. 0 A chemist experiments and creates a process which results in new, undiscovered metal alloy 0 An astronomer, looking at the solar system discovers a new planet. 0 An on line business creates a system for recording the spending habits of consumers. 6. What factor(s) indicate that there is an independent contractor relationship and not an agency relationship between two parties: * (1 Point) 0 length of service O a worker engaged in business distinct from the employer 0 extent of control over the work by the employer 0 all of the above 7. Which of the following is n_ot likely a xture in the sale of a house? * [13)(1 Point) O a heavy wooden desk 0 specially colored kitchen windows 0 antique brass stair railing Q a fan installed in the kitchen ceiling 8. Which of the following statements is true? * (1 Point) 0 An agency contract always has to be in writing 0 An agent must always act in the best interest of the principle 0 An agent's duties are known as jus quaesitum tertio 0 An agency contract will always set out the agent's implied authority 9. The Latin term "let the master answer" that describes a situation where the employer is liable for the torts of an employee committed during the scope of an agency is called: * (1 Point) 0 Res ipsa Iocuitor O Caveat Emptor Q Respondeat Superior 0 Force Majeure 10. A key feature in a registered design is: * (1 Point) O the type of company which invents the registered design 0 the length of time it takes to invent to design 0 the recognition by the government of the validity of the registered design 0 the shape or design of the product has a useful purpose 11. Mega Land develops and builds Nature World, a housing estate with 100 properties. To make the development more attractive to buyers in the deed to each property that is sold a restrictive covenant is placed that restricts the owners from building any permanent fences on their property. This restrictive covenant is binding on: I. Only on the seller II. The original buyers in the Nature World III. All future, subsequent buyers of land in the Nature World housing estate. IV. Only on the original buyers of land in the Nature World housing estate The correct response is: * [1],)(1 Point) 0 both I. and II. 0 both II. and 1v. 0 both II. and III. 0 both I. and II. 12. Diana is in a joint tenancy with rights of survivorship with Silvia. Diana's will leaves all her property to Peter. When Diana dies, her interest in the joint tenancy goes to * (1 Point) O the state 0 Peter O Silvia and Peter in equal shares 0 Silvia 13. Betty owns Home Cleaners Inc a home cleaning service. Fred is an employee of Betty and contacts homeowners who wish to have their homes cleaned. Many times Fred finds that customers are reluctant to hire Home Cleaners Inc because of the high prices charged. Often Fred suggests to the people he contacts that is they find Home Cleaners Inc prices to high he will agree to do the same work at a 25% discount on his free times over the weekend. Many people Fred contacts agree to this offer. What observation can be made about Fred's conduct. * [m1 Point) Q It is appropriate as Fred is doing the extra work on his own time. 0 Fred has violated the terms of the agency with his employer and Home Cleaners Inc can demand the prot that Fred has obtained by his weekend cleaning. 0 It is appropriate as Home Cleaners Inc charges too much money for the services they offer. 0 Fred was working in furtherance of his employer Home Cleaners Inc business and he has done nothing inap- propriate while acting as an employee. 14.Which of the following need n_ot be included in a valid deed: * (1 Point) O Grantor and grantee are identied 0 Property must be adequately described by the street address 0 Signed by grantor/grantee 0 Words of conveyance that specify the type of property interest transferred 15. The distinctiveness of a trademark (arbitrary or fanciful, suggestive, descriptive or generic) is important because: * (1 Point) 0 more distinctive marks can become generic over time 0 government recognition of a mark comes from distinctiveness 0 more distinctive trademarks can have powerful secondary meaning created through marketing efforE 0 marketing power is diluted by distinctiveness 16. A principal generally is bound by contracts an agent makes with third parties on behalf of the principal if the agent acts: * (1 Point) O quickly. 0 within the scope of the agent's authority. 0 to the principal's advantage in making the best deal.. 0 on commission. 17. If a book is written and published today most likely how long will copyright protection last: * (1 Point) O 20 years from the date of the application. 0 the life of the author plus 50 years. 0 295 years. 0 potentially forever, if there is continued commercial use. 18.A deed of real property which states "To John when he is married and has a son" creates what interest in real property? * (1 Point) 0 Fee Simple Determinable 0 Fee Simple Subject to Condition Precedent 0 Life estate 0 none of the above 19. If Barbara invents a useful, novel process for recording music on human hair she will likely apply for a: * [1](1 Point) 0 Patent 0 Trademark 0 Copyright 0 Industrial design 20. Generally all prots that result from an agency * (1 Point) O belong to the agent. 0 belong to the principal. O are divided equally between the principal and the agent. 0 are divided according to the agreement between the principal and the third party to the agency. 21. Billy owns Lazy Acres Hotel. John is an employee of Lazy Acres. Billy asks John purchase a new computer and charge it to the company account with John's employee credit card. Billy asks John to pay no more than $750. John purchases a stereo that cost $1,000. When the bill for tl stereo arrives, Billy paid it in full despite being over the amount John was authorized to spend. This is an example of: * [13(1 Point) 0 Agency authority created by contract 0 Agency authority created by appearance 0 Agency authority created by ratication 0 Agency authority created by necessity 22. Secondary copyright infringement is the preparation of derivative works. * (1 Point) 23. An easement of ingress and egress usually has a dominant and servient tenement. * (1 Point) True False 24. An enforceable deed must comply with formalities such as containing a description of the property, being signed and filed with the appropriate government office. * (1 Point) True False 25. To gain copyright protect a person must first file the copyright with a government agency. * (1 Point) True False 26. One common practice in trade secret protection is the use of non-disclosure agreements * (1 Point) O True False27. Easements can be created by express agreement found in a deed or by actions resulting in an easement by prescription. * (1 Point) 28. The policy behind granting ownership in a trademark is to allow governments to regulate product names to benefit the government. * (1 Point) 29. A partition action is a court order dividing up a concurrent estate into separate portions. * II!) (1 Point) 30. The principal is liable for the acts of the agent if the agent acts with express authority. * (1 Point) 31. A remainder is a type of future interest were the property goes back (reverts) to the original owner if a condition in the deed is breached. * (1 Point) 32. A grant to a person of an exclusive right to manufacture and sell a copyright is called a license. * (1 Point) 33. A person can gain patent rights simply by using the idea or process in a commercial manner. * (1 Point) 34. Respondeat superior makes Benny liable for the acts of Ronny, because Ronny is an independent contractor Benny has hired to deliver his merchandise. * [m1 Point) 35. An easement as a property right stays with the land even if the land is sold to someone who was not a party in the granting of the original easement. * (1 Point) 36. If the owner of a trademark does not defend the trademark against acts of infringement, it can be argued that the trademark owner has abandoned the rights in the trademark. * (1 Point) 37. If Donny asserts that Verna "does deals for him," an agency by estoppel is created if a third party reasonably relies on Donny's statement. * (1 Point) 38. Public disclosure of a trade secret eliminates trade secret protection. * (1 Point) 39. The real property concept of waste is the failure to account for the prots from a co-tenancy. * (1 Point) 40. One advantage of a trademark that has becomes generic it is easy to protect and enforce. * (1 Point)

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