Deck 10: Contract and Property Law

Question 1

The legal doctrine that allows the court to treat a certain situation as if a contract exists, even where one of the elements is missing, is known as:

A) quasi contract.
B) promissory estoppel.
C) parol evidence rule.
D) statute of frauds.
E) assignment.

Answer 1

A

Question 2

The "Golden Arches" is an example of something that is entitled to protection under:

A) patent law.
B) copyright law.
C) trade secret law.
D) trademark law.
E) All of the above

Answer 2

D

Question 3

What is the name for an out-of-court hearing before a neutral party who listens to two or more disputing parties and renders a decision resolving the dispute?

A) Mediation
B) Trial
C) Arbitration
D) Specific performance

Answer 3

C

Question 4

A type of deed in which the grantor makes no representations is a:

A) quitclaim deed.
B) warranty deed.
C) grant deed.
D) None of the above
E) All of the above

Question 5

What type of property consists of the result of one's thoughts, ideas, or inventions?

A) Real property
B) Personal property
C) Intellectual property
D) All of the above

Question 6

A contract entered into by a minor:

A) is usually void.
B) is usually voidable.
C) is usually enforceable against the minor.
D) becomes enforceable if not rescinded within sixty days.
E) None of the above

Question 7

The Statute of Frauds:

A) requires that all contracts be in writing.
B) limits the types of evidence that can be used to prove the terms of the contract.
C) provides a remedy for fraudulent acts.
D) requires that certain types of contracts be evidenced by a writing.
E) requires that written contracts be notarized.

Question 8

What type of property is land and anything that is permanently attached to or growing on the land?

A) Real property
B) Personal property
C) Intellectual property
D) All of the above

Question 9

Which of the following is a void contract?

A) Contract entered into by a minor
B) Contract entered into by someone who is drunk
C) Contract entered into by someone who suffers a mental incapacity but who had not been adjudicated by a court to be incapable
D) Contract entered into by someone who has been adjudicated by a court to be incapacitated or insane
E) All of the above are void

Question 10

What is the name of a lawsuit to evict a tenant?

A) Unlawful detainer
B) Eviction
C) Lease
D) Foreclosure

Question 11

The Uniform Commercial Code controls:

A) contracts for the sale of goods.
B) contracts involving interstate commerce.
C) contracts involving banks.
D) contracts for the sale of real property.
E) None of the above

Question 12

Which of the following indicates a non-ownership interest in real property?

A) Mortgage
B) Deed of trust
C) Lien
D) Lease
E) All of the above

Question 13

Which form of intellectual property is automatically created when the work is created?

A) Copyright
B) Trademark
C) Patent
D) Trade secret

Question 14

What is a court order requiring one party to fulfill his or her obligations under a contract?

A) Specific performance
B) Mirror image rule
C) Delegation
D) Unlawful detainer

Question 15

Which form of intellectual property law protects "original works of authorship" against misappropriation?

A) Copyright
B) Trademark
C) Patent
D) Trade secret

Question 16

Which of the following does not indicate an ownership interest in real property?

A) Fee simple
B) Life estate
C) Joint tenancy
D) Month-to-month tenancy
E) Community property

Question 17

Contracts usually contain the following:

A) mutual consent.
B) consideration.
C) capable parties.
D) legal subject matter.
E) All of the above

Question 18

What is the name of an agreement between an owner of property and another in which the owner of the property gives the other person the right to use the property for a set period of time?

A) Unlawful detainer
B) Eviction
C) Lease
D) Foreclosure

Question 19

How long is the term of a federal trademark registration?

A) 5 years
B) 10 years
C) 15 years
D) 20 years

Question 20

What type of property is movable?

A) Real property
B) Personal property
C) Intellectual property
D) All of the above

Question 21

Personal property is property that is ______.

Question 22

Specific ________is a remedy for breach of contract where a court orders a person to perform one's contractual obligations.

Question 23

The Statute of ______ is a rule requiring that certain types of contracts be evidenced by a writing.

Question 24

The key feature of joint tenancy is a right of survivorship.

Question 25

The Uniform Commercial Code (U.C.C.) is a federal law governing contracts for the sale of goods.

Question 26

The parol evidence rule limits the types of evidence that be used to prove terms of an agreement.

Question 27

The Uniform Commercial Code (U.C.C.) is a uniform set of laws dealing with contracts for the sale of _______.

Question 28

The most common remedy for breach of contract is an injunction.

Question 29

A bilateral contract is one in which both parties have made promises to perform.

Question 30

A lawsuit to evict a tenant is known as an unlawful detainer action.

Question 31

If a tree is cut down and it becomes movable, it is considered real property.

Question 32

In most contracts the consideration consists of promises to do something.

Question 33

The________rule requires that an acceptance of an offer must not change any of the terms or conditions of the offer.

Question 34

Many of the rules under the Uniform Commercial Code (U.C.C.) are written in a way that favors the creation or formation and enforceability of contracts.

Question 35

Specific performance is a court order requiring one party to fulfill his or her obligations under a contract.

Question 36

Once a patent is obtained it is good forever.

Question 37

Deeds are used to transfer ownership to property.

Question 38

Contracts by emancipated minors are usually valid.

Question 39

In contract law, the person who makes an offer is the offeree.

Question 40

Patent and copyright laws are federal rather than state.

Question 41

To protect intellectual property rights, an own will often enforce one's rights by filing a lawsuit known as a(n) ______action.

Question 42

Patent protection is created by filing an application for a patent with the ____________, the federal agency responsible for processing patent applications.

Question 43

A ______ is an agreement between an owner of property and another in which the owner of the property gives the other person the right to use the property for a set period of time.

Question 44

Discuss whether you think email communication or text messaging should satisfy the writing requirement under the Statute of Frauds? Explain your position.

Question 45

Con?fidential information regarding a business or product is called a(n) _______ secret.

Question 46

Explain the parol evidence rule.

Question 47

Certain types of intellectual property have fixed duration while other types of intellectual property, such as trademarks and trade secrets, can receive protection indefinitely while still in use and efforts are made to protect the rights. Why do you think that some types of intellectual property have a fixed duration while others have perpetual duration?

Question 48

What is the difference between a joint tenancy and a tenancy in common?

Question 49

Co-ownership of property characterized by a right of survivorship is called _______.

Question 50

What are the required elements for the formation of a contract?