Question 1

The very essence of a gift is transferring ownership in something to someone else without expecting anything in return.​

Accepted Answer

A gift, by definition, involves giving something to another person without the expectation of receiving something in return. This act is fundamentally about the transfer of ownership from one person to another freely and without compensation.

Question 2

A VIN or vehicle identification number is useful because​

Accepted Answer

A VIN (Vehicle Identification Number) is primarily used for identification purposes, allowing access to a vehicle's history, including accidents, flood damage, and whether it was totaled. This information is crucial for buyers, sellers, and insurers. Satellite recovery, sales tax basis, and use as a computer password are not standard or recommended uses of a VIN.

Question 3

Statutes designed to assist the buyer of seriously defective goods to obtain a replacement or full refund are called nuisance statutes.​

Accepted Answer

Statutes designed to assist the buyer of seriously defective goods to obtain a replacement or full refund are known as lemon laws, not nuisance statutes.

Question 4

In a bailment ownership is transferred to the bailee at the end of the term.​

Accepted Answer

In a bailment, only possession of the property is transferred to the bailee temporarily, not ownership. Ownership remains with the bailor.

Question 5

The name of the type insurance that protects against the risk of loss from damages to one's own automobile in a collision regardless of who is at fault is uninsured-motorist insurance.​

Accepted Answer

Uninsured-motorist insurance specifically protects against the risk of loss when an accident is caused by a driver who does not have insurance or does not have enough insurance. Collision insurance is what covers damages to one's own automobile in a collision, regardless of fault.

Question 6

Copyright law protects original works of authorship that are fixed in a tangible form of expression.​

Accepted Answer

Copyright law is designed to protect original works of authorship once they are fixed in a tangible medium of expression, such as written down, recorded, or otherwise made into a form that can be perceived either directly or with the aid of a machine or device.

Question 7

You discover personal property that is not yours. Which legal classification of the discovered property is most likely to allow you to be the new owner?​

Accepted Answer

Abandoned property is property that the original owner has discarded with the intent to relinquish all rights to it. When you find abandoned property, the law often allows you to claim it as your own because the original owner has intentionally given up ownership.

Question 8

Property discarded by the true owner, who has no intention reclaiming the property, is abandoned property.​

Accepted Answer

Abandoned property refers to property that the true owner has intentionally forsaken or discarded without any intention of reclaiming ownership.

Question 9

A promise to make a gift is generally unenforceable.​

Accepted Answer

A promise to make a gift is not enforceable because it lacks consideration, which is a required element for a valid contract.

Question 10

It is up to the holder of a trademark to bring a lawsuit to protect the right of exclusion and the holder's business interest in the mark.​

Accepted Answer

Trademark law typically requires the holder of a trademark to actively enforce their rights by bringing lawsuits against infringers to prevent unauthorized use and to protect their business interests in the mark.

Question 11

A training manual that described in detailed teaching techniques for sailing could be patented but not copyrighted.​

Accepted Answer

A training manual can be copyrighted because copyright law protects original works of authorship including literary works such as books and manuals. Patents protect inventions or discoveries, not instructional content.

Question 12

The implied warranty of merchantability arises only in the sale by a merchant..

Accepted Answer

The implied warranty of merchantability is a guarantee that the product will meet a minimum level of quality and functionality, and it automatically applies when the seller is a merchant who deals in goods of the kind sold.

Question 13

A law in some states holds that the owner of a motor vehicle is vicariously responsible whenever a member of his or her immediate family or household drives and a third party is injured because of the negligence of the driver.​

Accepted Answer

This is known as the "family purpose doctrine," which holds the owner of a vehicle responsible for negligent driving by immediate family members, assuming the vehicle was used for a family purpose.

Question 14

To be protected and registered, trademarks cannot be a generic description of the product.​

Accepted Answer

Trademarks must be distinctive and not merely descriptive or generic terms of the products or services they represent, to be eligible for protection and registration.

Question 15

Automobile recalls​

Accepted Answer

Automobile recalls can be administered by the National Highway Traffic Safety Administration (NHTSA), may be mandated by this agency if a safety issue is identified, or may be initiated voluntarily by the manufacturer if they discover a defect that could impact safety or compliance with federal safety standards.

Question 16

The purpose of a secured transaction is to provide the creditor a security interest in personal property that will give that holder a right against the property rather than be a general creditor if the obligation owed is not paid.​

Accepted Answer

A secured transaction allows a creditor to have a security interest in the debtor's personal property, ensuring that if the debtor fails to pay the obligation, the creditor has a right to the property as collateral, rather than just being an unsecured creditor with no specific claim to the debtor's assets.

Question 17

Property that is voluntarily left and but forgotten is mislaid property.​

Accepted Answer

Mislaid property refers to items that the owner has intentionally placed somewhere but has forgotten to retrieve.

Question 18

Ruby developed a new Customer Management Relationship software which can link a hotel's reservation system database to its client list and their preferences. She should not seek to protect her intellectual property under patent or copyright law because the district attorney will prosecute anyone who tries to steal her design.​

Accepted Answer

Ruby should seek to protect her intellectual property under patent or copyright law because the district attorney's role is to prosecute crimes, not to enforce intellectual property rights. Intellectual property protection is the responsibility of the owner and requires legal action through civil court, not criminal prosecution, to enforce rights against infringement.

Question 19

The Magnuson-Moss Warranty Act​

Accepted Answer

The Magnuson-Moss Warranty Act specifies the requirements for warranties, including what must be included in a warranty for it to be considered a "full warranty." It does not abolish the UCC in consumer sales, apply only to implied warranties, nor did it create the term "Lemon Laws," although it does provide a basis for such laws at the state level.

Question 20

The author who creates the copyrighted work owns the copyright.​

Accepted Answer

The author of an original work automatically owns the copyright to that work from the moment of its creation, under copyright law.

Quiz 10: Intellectual and Personal Property Including Motor Vehicles

The very essence of a gift is transferring ownership in something to someone else without expecting anything in return.​

A VIN or vehicle identification number is useful because​

Statutes designed to assist the buyer of seriously defective goods to obtain a replacement or full refund are called nuisance statutes.​

In a bailment ownership is transferred to the bailee at the end of the term.​

The name of the type insurance that protects against the risk of loss from damages to one's own automobile in a collision regardless of who is at fault is uninsured-motorist insurance.​

Copyright law protects original works of authorship that are fixed in a tangible form of expression.​

You discover personal property that is not yours. Which legal classification of the discovered property is most likely to allow you to be the new owner?​

Property discarded by the true owner, who has no intention reclaiming the property, is abandoned property.​

A promise to make a gift is generally unenforceable.​

It is up to the holder of a trademark to bring a lawsuit to protect the right of exclusion and the holder's business interest in the mark.​

A training manual that described in detailed teaching techniques for sailing could be patented but not copyrighted.​

The implied warranty of merchantability arises only in the sale by a merchant..

A law in some states holds that the owner of a motor vehicle is vicariously responsible whenever a member of his or her immediate family or household drives and a third party is injured because of the negligence of the driver.​

To be protected and registered, trademarks cannot be a generic description of the product.​

Automobile recalls​

The purpose of a secured transaction is to provide the creditor a security interest in personal property that will give that holder a right against the property rather than be a general creditor if the obligation owed is not paid.​

Property that is voluntarily left and but forgotten is mislaid property.​

The Magnuson-Moss Warranty Act​

The author who creates the copyrighted work owns the copyright.​

The very essence of a gift is transferring ownership in something to someone else without expecting anything in return.

A VIN or vehicle identification number is useful because

Statutes designed to assist the buyer of seriously defective goods to obtain a replacement or full refund are called nuisance statutes.

In a bailment ownership is transferred to the bailee at the end of the term.

The name of the type insurance that protects against the risk of loss from damages to one's own automobile in a collision regardless of who is at fault is uninsured-motorist insurance.

Copyright law protects original works of authorship that are fixed in a tangible form of expression.

You discover personal property that is not yours. Which legal classification of the discovered property is most likely to allow you to be the new owner?

Property discarded by the true owner, who has no intention reclaiming the property, is abandoned property.

A promise to make a gift is generally unenforceable.

It is up to the holder of a trademark to bring a lawsuit to protect the right of exclusion and the holder's business interest in the mark.

A training manual that described in detailed teaching techniques for sailing could be patented but not copyrighted.

A law in some states holds that the owner of a motor vehicle is vicariously responsible whenever a member of his or her immediate family or household drives and a third party is injured because of the negligence of the driver.

To be protected and registered, trademarks cannot be a generic description of the product.

Automobile recalls

The purpose of a secured transaction is to provide the creditor a security interest in personal property that will give that holder a right against the property rather than be a general creditor if the obligation owed is not paid.

Property that is voluntarily left and but forgotten is mislaid property.

The Magnuson-Moss Warranty Act

The author who creates the copyrighted work owns the copyright.