Deck 7: Tort Law

Question 1

A teacher cannot be held liable for copyright infringement under the Fair-Use Doctrine so long as copies are only used for educational purposes.

Answer 1

False
Explanation: 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 2

Which of the following is land and everything permanently attached to it?

A) Real property
B) Personal property
C) Absolute property
D) Listed property
E) Fee property

Answer 2

A
Explanation: Real property, commonly referred to as realty, is land and everything permanently attached to it.

Question 3

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

Answer 3

True
Explanation: In Germany is that if the property is no longer needed by the German government, it must revert to its former owner.

Question 4

Copyrights protect the expression of creative ideas.

Question 5

Lost property legally has the same meaning as mislaid property.

Question 6

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

Question 7

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

A) Subsurface
B) Underground
C) Earth
D) Terrestrial
E) None of these, because there is no such right

Question 8

Tying arrangements are illegal.

Question 9

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

Question 10

An invention may be considered a trade secret.

Question 11

Network Solutions, Inc. is funded by the National Science Foundation and is responsible for registering domain names on the Internet.

Question 12

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.

Question 13

Real property is commonly referred to as "realty."

Question 14

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

Question 15

In Kelo v. City of New London, the U.S. Supreme Court ruled that as a matter of law, the government violates the Fifth Amendment by taking private property and selling it for private development.

Question 16

Subleasing of leased property by the tenant to another party is permissible unless specifically prohibited by the lease.

Question 17

At this time, a person who applies for a domain name on the Internet will be granted the domain name so long as no one else holds that name.

Question 18

The duration of one's ownership interest and the power one has over using the land depends on the type of _____________ one is said to hold.

A) Condition
B) Estate
C) Tenancy
D) Hold
E) Acknowledgement

Question 19

Copyrights protect ideas themselves.

Question 20

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

Question 21

Which of the following are estates that do not include the right to possess the property?

A) Easements
B) Profits
C) Licenses
D) Easements, profits, and licenses
E) Easements and profits, but not licenses

Question 22

A _____________ estate is the most complete estate a person may have.

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

Question 23

Which of the following consists of the fruits of one's mind?

A) Theoretical property
B) Cognitive property
C) Intellectual property
D) Protected property
E) Tradable property

Question 24

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

Question 25

A[n] _____________ is the right to go onto someone's land and take part of the land or a product of it away from the land.

A) Appurtenance
B) Profit
C) Easement
D) Fixation
E) Joint use

Question 26

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

A) Appurtenance
B) Profit
C) Easement
D) Fixation
E) Joint use

Question 27

If a trademark is unregistered, which of the following may the holder recover when an infringer uses the mark to pass off goods as being those of the mark owner?

A) Damages.
B) An injunction prohibiting the infringer from using the mark.
C) An additional amount of damages computed as a multiplier of 5 times the original damages.
D) Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages.
E) Damages and an injunction prohibiting the infringer from using the mark.

Question 28

Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner?

A) Allocation
B) Appropriation
C) Condemnation
D) Substitution
E) Publication

Question 29

If a trademark is registered, what may the owner obtain in the event of infringement from a person who used the trademark to pass off goods as being those of the mark owner?

A) Damages
B) An injunction prohibiting the infringer from using the mark
C) An additional amount of damages computed as a multiplier of 5 times the original damages
D) Damages, an injunction prohibiting the infringer from using the mark, and additional damages based on a multiplier of 5 times the original damages
E) Damages and an injunction prohibiting the infringer from using the mark

Question 30

After the initial renewal, assuming a trademark was initially registered after 1990, how often must the trademark be renewed?

A) Every nine years
B) Every ten years
C) Every eleven years
D) Every twelve years
E) Every thirteen years

Question 31

Under which of the following is a trademark protected under state common law?

A) If it is used interstate
B) If it is used intrastate
C) If it is used commercially
D) If it is used intrastate and also commercially
E) A trademark cannot be protected under state common law

Question 32

Once a trademark is registered, when must it initially be renewed?

A) Between the first and second years
B) Between the second and third years
C) Between the third and fourth years
D) Between the fourth and fifth years
E) Between the fifth and sixth years

Question 33

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

A) Interstate
B) Intrastate
C) Interstate and intrastate
D) Commercial
E) Interstate, intrastate and commercial

Question 34

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.

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

Question 35

A _____________ is a person's present right to future property ownership and possession.

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

Question 36

Which of the following procedures must be followed in order to effectuate a voluntary transfer of real property?

A) Execution
B) Delivery
C) Acceptance
D) Execution, delivery, acceptance and recording
E) Execution and delivery, but not acceptance

Question 37

An owner of a _____________ has a possessory interest but not an ownership interest.

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

Question 38

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

A) The constitution asserts that the state owns all the land.
B) If an individual wants to use land, he or she must pay tax on it as a form of rent.
C) Transference of property can occur only with the approval of a state official.
D) A new owner can never be given a longer term of right or more extensive rights over the land than the original owner had.
E) The transferring owner determines the price for which property will be transferred.

Question 39

A _______________ is a distinctive mark, word, design, picture, or arrangement that is used by a producer in conjunction with a product and tends to cause consumers to identify the product with the producer.

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

Question 40

Which of the following is true regarding whether the shape of a product or package may be a trademark?

A) The shape of a product may be a trademark if it is nonfunctional, but the shape of a package may not be the subject of a trademark.
B) The shape of a product may be the subject of a trademark if it is functional, but the shape of the package may not be the subject of a trademark.
C) The shape of a product or package may be a trademark if it is functional.
D) The shape of a product or the shape of a package may be a trademark if it is nonfunctional.
E) The shape of a package may be a trademark if it is nonfunctional, but the shape of a product may not be the subject or a trademark.

Question 41

When a patent is issued for an object, it gives its holder the exclusive right to produce, sell, and use the object of the patent for _________________ years from the date of application.

A) Ten
B) Twenty
C) Thirty
D) Forty
E) Fifty

Question 42

In which of the following orders of ascending strength may trademarks fall?

A) Generic, suggestive, descriptive, arbitrary or fanciful
B) Descriptive, generic, suggestive, arbitrary or fanciful
C) Arbitrary or fanciful, generic, descriptive, suggestive
D) Generic, descriptive, suggestive, arbitrary or fanciful
E) Suggestive, generic, descriptive, arbitrary or fanciful

Question 43

Which of the following is true regarding trade secret protection?

A) A trade secret is protected from unlawful appropriation by competitors as long as it is kept secret and consists of elements not generally known in the trade.
B) A trade secret is protected from unlawful appropriation by competitors for ten years so long as no competitor gains access to the secret through lawful means.
C) A trade secret is protected from unlawful appropriation by competitors for twenty years so long as no competitor gains access to the secret through lawful or unlawful means.
D) A trade secret is protected from unlawful appropriation by competitors for thirty years.
E) A trade secret is protected from unlawful appropriation by competitors for seventy years.

Question 44

Which of the following is property that the true owner has unknowingly or accidentally dropped or left somewhere?

A) Lost
B) Mislaid
C) Discarded
D) Abandoned
E) Terminated

Question 45

Which of the following criteria must be satisfied in order for a patent, other than a design patent, to be granted?

A) The object of the patent must be novel.
B) The object of the patent must be useful.
C) The object of the patent must be nonobvious.
D) The object of the patent must be novel but it does not have to be nonobvious.
E) The object of the patent must be novel, useful, and nonobvious.

Question 46

Which of the following is the way people in businesses are located on the web?

A) Through product names
B) Through Internet names
C) Through domain names
D) Through trademark names
E) Through search engines

Question 47

Which of the following is false regarding trade secret protection?

A) Competitors may not legally discover trade secrets by doing reverse engineering.
B) Competitors may discover secrets by going on public tours of plants and observing the use of the trade secret.
C) Lawful discovery of a trade secret means there is no longer a trade secret to be protected.
D) An invention may be considered a trade secret.
E) A design may be considered a trade secret.

Question 48

Bank accounts, stocks, and insurance policies are examples of which of the following types of property?

A) Tangible
B) Intangible
C) Substantive
D) Unsubstantive
E) All of these

Question 49

Which of the following is property that the true owner has intentionally placed somewhere but has forgotten its location?

A) Lost
B) Mislaid
C) Discarded
D) Abandoned
E) Terminated

Question 50

Which of the following is needed for a valid gift?

A) Delivery
B) Donative intent
C) Acceptance
D) Delivery, donative intent, and acceptance
E) Delivery and donative intent, but not acceptance

Question 51

Which of the following is a way in which a gift differs from a purchase as a way of transferring ownership?

A) Once delivered a gift may be taken back by the person who gave the gift whereas that is not true when an item is purchased.
B) No consideration is needed for a gift.
C) No written contract is needed for a gift whereas it is needed for a purchase.
D) No certificate of title is needed for a gift whereas it is needed for a purchase.
E) All of these.

Question 52

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

A) Product appearance
B) Trade dress
C) Design fabrication
D) Trade appearance
E) Product application

Question 53

Property that the original owner has discarded is _____________ property.

A) Mislaid
B) Tossed
C) Discarded
D) Abandoned
E) Terminated

Question 54

Which of the following is a type of property that can be touched?

A) Tangible
B) Intangible
C) Substantive
D) Unsubstantive
E) All of these

Question 55

With which of the following does a government website address end?

A) .gov
B) .edu
C) .net
D) .org
E) .com

Question 56

Which of the following is responsible for registering domain names for Internet use?

A) Internet Solutions, Inc.
B) Domain Names Co.
C) Internet Domain Inc.
D) Network Solutions, Inc.
E) Findability, Inc.

Question 57

Which of the following provides that a portion of a copyrighted work may be reproduced for purposes of criticism, comment, news reporting, teaching, scholarships, and research?

A) The Limited Use Doctrine
B) The Copyright Use Doctrine
C) The Fair Use Doctrine
D) The Trade Use Doctrine
E) None of these because there is no such provision

Question 58

A patent protects a product, process, invention, machine or a[n] _____________.

A) Trademark
B) Copyright
C) Plant produced by asexual reproduction
D) Book that has not yet been submitted for copyright protection
E) Idea

Question 59

A registrant may lose registration of a domain name for Internet usage by not using it for more than ___________ days.

A) 30
B) 60
C) 90
D) 120
E) 180

Question 60

Which of the following is true regarding lost property?

A) In most states the finder of lost property has title to the lost good against all including the person who lost the property.
B) In most states the finder of lost property has title to the lost good against all except the person who lost the property.
C) In most states the finder of lost property has no title to the lost good because the good is to be turned over to the police department for later sale if the true owner cannot be located.
D) In all states the finder of property has an obligation to put a notice in the local paper looking for the true owner before the finder of the property can claim ownership.
E) In most states the finder of lost property has title to the lost good against all except the person who lost the property, but that right only arises after the finder of the property can establish that the finder spent at least one-third of the fair market value of the property in locating the owner.

Question 61

Reference - Wedding Photos. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner the necessary information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use; and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's claim that damages for copyright infringement are unavailable?

A) Damages are available, but a copyrighted work must be registered in order for the creator to recover damages from infringement.
B) It is not necessary that a copyrighted work be registered in order for the creator to obtain damages.
C) Damages for copyright infringement are only available if two businesses are involved, not in disputes involving an individual such as Jill.
D) Some material that is subject to copyright must be registered before its creator may recover damages for infringement, but that is not true for photographs.
E) She is correct that damages are unavailable in copyright infringement actions because only injunctive relief is available.

Question 62

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 describes the type of gift at issue?

A) A gift causa mortis
B) A gift inter vivos
C) A gift inter mortis
D) A gift causa vivos
E) A donative gift

Question 63

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.

Question 64

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?

A) A life absolute estate
B) A conditional estate
C) A fee simple absolute estate
D) A limited estate
E) A subject estate

Question 65

Reference - Disputed Ring. While working in the yard, Tina found a beat up ring. Becca, an eighteen-year old teenager and neighbor, came over to visit and liked the ring. Tina said, "You can have this old thing if you would like." Becca replied, "I really like it-Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery. A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands! Becca gave Tina the ring to examine. Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged. Tina also told Becca that Becca failed legally to accept the gift because she did not know its true value and also because Tina did not sign any document turning over title. Becca sues. Which of the following describes the type of gift at issue?

A) A gift causa mortis
B) A gift inter vivos
C) A gift inter mortis
D) A gift causa vivos
E) A donative gift

Question 66

Reference - Wedding Photos. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner, the necessary information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use; and that, in any event, damages for copyright infringement are unavailable. Which of the following is correct regarding Jill's claim that photographs are not subject to copyright protection?

A) She is correct. Photographs are not subject to copyright protection even if taken by a professional photographer.
B) She is correct but only because family pictures are involved. Family pictures may not be the subject of copyright, but landscape photographs may be the subject of copyright protection.
C) She is partially correct. Bobby was entitled to copyright protection on the first picture. After Jill purchased the first picture, however, she could make as many copies as she wanted.
D) She is correct only because Bobby had not registered the photographs for copyright protection.
E) She is incorrect.

Question 67

Ellen, who runs a successful nail salon, ran across a very interesting pamphlet on customer relations. The pamphlet was fifty pages long and cost $70.00. Ellen thought the price was outrageous. Accordingly, she bought one copy and photocopied the pages that she thought were pertinent and gave them to her employees. She copied forty of the pages out of the pamphlet for each of twenty employees. A disgruntled employee informed the publisher of the pamphlet what Ellen had done and she was charged with copyright infringement. Ellen defended on the basis of the fair use doctrine. List the four factors a court would consider in determining whether a violation occurred and discuss whether or not you think Ellen would prevail and why.

Question 68

Reference - Disputed Ring. While working in the yard, Tina found a beat up ring. Becca, an eighteen-year old teenager and neighbor, came over to visit and liked the ring. Tina said, "You can have this old thing if you would like." Becca replied, "I really like it-Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery. A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands! Becca gave Tina the ring to examine. Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged. Tina also told Becca that Becca failed legally to accept the gift because she did not know its true value and also because Tina did not sign any document turning over title. Becca sues. Which of the following is true regarding Tina's statement that Becca could not have validly accepted the ring?

A) If the ring is valued at $500 or over, then Tina is correct that Becca did not validly accept the ring because a writing would have been needed to validate acceptance.
B) If the ring is valued at $1,000 or over, then Tina is correct that Becca did not validly accept the ring because a writing would have been needed to validate acceptance.
C) If the ring is valued at $10,000 or over, then Tina is correct that Becca did not validly accept the ring because a writing would have been needed to validate acceptance.
D) Tina is correct that Becca could not have validly accepted the ring when she did not understand its true value.
E) Tina is incorrect, and Becca validly accepted the ring as a gift.

Question 69

Reference - Wedding Photos. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner the necessary information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use; and that, in any event, damages for copyright infringement are unavailable. If Bobby decides to register the photographs under copyright law, how would he go about doing so?

A) He would register by filing a form with the Register of Copyright and providing two copies of the copyrighted materials to the Library of Congress.
B) He would register by filing a form with Register of Copyright only.
C) He would register by providing two copies of the copyrighted materials to the Library of Congress only.
D) He would register by affixing the appropriate symbol at the bottom of the photograph followed by the first date of publication and his name.
E) There is nothing he can do because the photographs are not subject to copyright protection.

Question 70

Identify where a trademark is registered, what one should do when requesting registration and what the governmental office involved would then do. Identify circumstances under which a trademark will not be accepted for registration.

Question 71

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 type of right that Fred is exercising by cutting through the yard called?

A) A profit
B) A license
C) A condition
D) An easement
E) A breach of warranty

Question 72

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?

A) At that point he made a valid gift that could not be revoked.
B) He did not make a gift because he placed a condition on it.
C) He made an irrevocable gift at that time only if Bubbles never had another boyfriend; otherwise, she had to give the ticket and any resulting cash to Frank.
D) He made an irrevocable gift at that time if Bubbles refrained from having another boyfriend until she cashed the ticket; and, after the ticket was converted, the condition no longer applied.
E) None of these.

Question 73

What three criteria must be satisfied in order to obtain a patent that is not a design patent?

Question 74

Reference - Disputed Ring. While working in the yard, Tina found a beat up ring. Becca, an eighteen-year old teenager and neighbor, came over to visit and liked the ring. Tina said, "You can have this old thing if you would like." Becca replied, "I really like it-Maybe it's a real diamond!" Tina laughingly told her that there was a one in a billion chance of that and that Tina was more likely to win the lottery. A few months later Becca ran over to Tina's house and told Tina that the ring was actually a diamond worth thousands! Becca gave Tina the ring to examine. Tina put it in her pocket and told Becca that she would never have given it to her if she had realized its value and that possession was back where it had always belonged. Tina also told Becca that Becca failed legally to accept the gift because she did not know its true value and also because Tina did not sign any document turning over title. Becca sues. Which of the following is true regarding Tina's statement that she was entitled to the ring because she would not have given it to Becca if she had known the true value?

A) Tina is entitled to ownership of the ring if she can prove that she did not realize its true value.
B) Tina is entitled to ownership of the ring only if she can prove that she did not realize its true value, and also that there was a difference of at least $1,000 between what she believed the value to be and its true value.
C) Tina is entitled to ownership of the ring only if she can prove that she did not realize its true value and also that there was a difference of at least $10,000 between what she believed the value to be and its true value.
D) Tina is entitled to ownership of the ring but only because neither she nor Becca realized its true value.
E) Being ignorant of the value of the ring does not entitle Tina to ownership of it.

Question 75

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?

A) Frank's gift was automatically revoked when he recovered, and the lottery ticket and any proceeds are validly his.
B) Although the gift was not automatically revoked on his recovery, Frank has the right to revoke the gift and recover the lottery proceeds.
C) The gift was not automatically revoked on his recovery and since Frank did not revoke the gift prior to Bubbles cashing the ticket, he has no rights to any funds.
D) Frank has the right to all funds only because Bubbles has a new boyfriend.
E) Frank has no rights because once he gave the ticket to Bubbles, he gave up all his rights to it.

Question 76

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?

A) It is a legal tying arrangement.
B) It is a legal cross-licensing agreement.
C) It is an illegal tying arrangement.
D) It is an illegal cross-licensing agreement.
E) It is both a legal tying and a legal cross-licensing agreement.

Question 77

Discuss the extent of ownership rights when a person owns a fee simple absolute in land, meaning what interests, if any, does the owner have in addition to rights to use the surface of the property.

Question 78

Reference - Wedding Photos. Bobby took a number of wedding photos at Jill's wedding. He was paid as the photographer. On all of the photographs, he appropriately noted in the bottom right-hand corner the necessary information showing that he was claiming copyright protection. Jill came to see Bobby three years after the initial photographs were taken and requested that he grant her permission to run off as many copies as she wanted at the local photo shop from the pictures that she initially purchased. The photo shop had refused to reproduce the photographs without his permission. When he refused to give her permission to do so, Jill started a heated argument. She told Bobby that photographs are not entitled to copyright protection. She also told him that even if he was correct that there was some copyright protection, she was engaged in fair use; and that, in any event, damages for copyright infringement are unavailable. Which of the following is true regarding Jill's claim that she was engaged in fair-use?

A) It is likely that she would win on the claim because she does not seek to use the photographs in a business pursuit.
B) It is likely that she would win on the claim because she only seeks to copy what she has already purchased.
C) This issue would not come up because Bobby is not entitled to copyright protection on the photographs.
D) She would loose because the fair-use doctrine is only available to educators.
E) She would likely lose under the weighing test mandated by the Copyright Act.

Question 79

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. Marcy's agreement with Jenny allowing Jenny to sell the mask is referred to as which of the following?

A) A license
B) A patent agreement
C) A trade agreement
D) An illegal agreement
E) A franchise agreement

Question 80

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?

A) Profits
B) Receipts
C) Royalties
D) Payoffs
E) Illegal