Question 1

A donor makes a gift causa mortis based on the realization that,at some point in the distant future,he or she will ultimately die.

Accepted Answer

A donor makes a gift causa mortis in contemplation of his or her immediate death.

Question 2

Trade dress is entitled to the same protection as a trademark.

Accepted Answer

Trade dress refers to the overall appearance and image of a product,and it is entitled to the same protection as a trademark.An example of trade dress is the shape and design of Apple's iPhone.

Question 3

A party may lose registration of a domain name by not using it for more than 30 days.

Accepted Answer

A party may lose registration of a domain name by not using it for more than 90 days.

Question 4

A landowner cannot be required to involuntarily transfer his or her property to the government,because compelling the landowner to do so would violate the Due Process Clause of the United States Constitution.

Accepted Answer

Most transfers of property are voluntary.However,for the benefit of the public,and to protect public health,safety,and welfare,the government may require involuntary transfers of property.

Question 5

In order for a work to be copyrightable,it must be fixed,original,and creative.

Accepted Answer

There are three criteria for a work to be copyrightable.First,it must be fixed,which means set out in a tangible medium of expression.Second,it must be original.Third,it must be creative.

Question 6

If a tenant subleases property to another party,the initial tenant is no longer liable for payment of the rent for the remainder of the lease term.

Accepted Answer

Subleasing of the property by the tenant to another party is permissible unless specifically prohibited by the lease.However,the initial tenant is liable throughout the entire term of the lease for payment of the rent to the landlord.

Question 7

A license is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

Accepted Answer

An easement is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

Question 8

All property that is not land or permanently affixed to land is real property.

Accepted Answer

All property that is not land or permanently affixed to land is personal property.

Question 9

Ownership of real property includes the mineral rights below the land but not the airspace above the land.

Accepted Answer

When a person owns land,she or he owns more than just the surface.The airspace above the land,extending to the atmosphere,is part of the legal concept of real property.Ownership of real property also extends to mineral rights; these rights involve the land below the surface.The landowner has the legal ability to dig or mine minerals from the earth,and he may sell or give these rights to another person.

Question 10

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

Accepted Answer

Intellectual property consists of the fruits of one's mind.The laws of intellectual property protect intangible property that is primarily the result of mental creativity rather than physical effort.

Question 11

Real property is commonly referred to as fealty.

Accepted Answer

Real property is commonly referred to as realty.It includes land and everything permanently attached to it.

Question 12

Cross-licensing of patents is illegal.

Accepted Answer

Cross-licensing occurs when two patent holders license each other to use their patents only on the condition that neither licenses anyone else to use his or her patent without the other's consent.Cross-licensing is illegal because it tends to reduce competition.

Question 13

Copyrights protect ideas themselves.

Accepted Answer

Copyrights protect the expression of creative ideas.Copyrights do not protect the ideas themselves; instead,they protect only the fixed form that expresses the ideas.

Question 14

Condemnation is a legal process that is protected by the federal constitution and allows the government to take private property for the use of the public without paying the owner compensation for the property.

Accepted Answer

Condemnation is a legal process by which a transfer of property is made against the protest of the property owner.Pursuant to the Takings Clause of the Fifth Amendment to the United States Constitution,the government has a constitutional right to take private property for the use of the public provided that it pays the owner fair compensation.This right may be exercised at any government level,and sometimes it is exercised on behalf of a private company operating to benefit the public.

Question 15

The fair-use doctrine gives teachers unlimited protection from copyright liability,provided that they use copyrighted work exclusively for educational purposes.

Accepted Answer

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 the following four factors: the purpose and character of the use,the nature of the copyrighted work,the amount and substantiality of the portion used in relation to the copyrighted work as a whole,and the effect of the use on the potential market for or value of the copyrighted work.

Question 16

A bank account is an example of intangible property.

Accepted Answer

Intangible property includes such items as bank accounts,stocks,and insurance policies.

Question 17

To register a domain name on the Internet,an application must be filed with the United States Patent and Trademark Office.

Accepted Answer

To register a domain name on the Internet,an application must be filed with Network Solutions,Inc.

Question 18

A license is a right to use another's property that is both permanent and irrevocable.

Accepted Answer

A license is a right to use another's property that is both temporary and revocable.For example,when a person purchases a theater ticket,he or she has the right to a specific use of the property for a limited time,subject to good behavior.No property interest goes to the license holder.

Question 19

A copyrighted work that is reproduced with the appropriate notice affixed is protected for ten years and is subject to indefinite renewal by the copyright holder.

Accepted Answer

A copyrighted work that is reproduced with the appropriate notice affixed is protected for the life of its creator plus 70 years.

Question 20

Tangible property includes items such as furniture,cars,and other goods.

Accepted Answer

Tangible property is property that can be identified by the senses.It is property that you can see or touch.Tangible property includes items such as furniture,cars,and other goods.

Quiz 8: Real, Personal, and Intellectual Property