BUSA 310 Exam 4 Study Guide Lectures 10 11 STUDY GUIDE 4 1 T F Once you have purchased a CD and copied it onto your iPod it is legal to give the CD to a friend 2 T F A provisional patent lasts until the product is used in interstate commerce 3 T F In the case of corporations copyright protection last 120 years from the product s creation 4 T F Under the fair use doctrine you have the right to make a photocopy of a chapter of this text book for a classmate 5 T F The first person to file the application is entitled to a patent over someone else who invented the product first 6 To receive a patent an invention must meet all of the following tests except a b c d e 7 It has not ever been used anyplace in the world It is a new idea It has never been described in a publication It is nonobvious It is useful After the death of Babe Ruth one of the most famous baseball players of all time his daughters registered the name Babe Ruth as a trademark Which of the following uses would be legal without the daughters permission I II III Publication of a baseball calendar with photos of Ruth Sales of a Babe Ruth bat Sales of Babe Ruth autographs a Neither I II nor III b Just I c Just II d Just III e I and III 8 To prove a violation of copyright law the plaintiff does not need to prove that the infringer actually copied the work but she does need to prove I The item has a symbol on it II The infringer had access to the original III The two works are similar a I II and III b II and III c I and II d I and III e Neither I II nor III 9 Eric is a clever fellow who knows all about computers He I Removed the author s name from an article found on the Internet and sent it via email to his lacrosse team telling them he wrote it II Figured out how to unscramble his roommate s cable signal so they could watch cable on a second TV III Taught the rest of his lacrosse team how to unscramble cable signals Which of these activities is illegal under the Digital Millennium Copyright Act a I II and III b Neither I II or III c II and III d Just III e Just I 10 Which of the following items cannot be trademarked a A color b A symbol c A phrase d A surname e A shape 11 T F If one joint tenant dies his interest in the property passes to surviving joint tenants not to his heirs 12 T F The federal government has the power to take private property for public use but local government have no such power 13 T F A landlord could be liable for a constructive eviction even if he never asked the tenant to leave 14 T F A nonrenewable lease of a store for six months establishes a tenancy for years 15 T F A landlord may charge a tenant for normal wear and tear on an apartment but the charges must be reasonable 16 On July 1 2010 Quick Onyx and Nash were deeded a piece of land as tenants in common The deed provided that Quick owned one half the property and Onyx and Nash owned onequarter each If Nash dies the property will be owned as follows a Quick Onyx b Quick 5 8 Onyx 3 8 c Quick 1 3 Onyx 1 3 Nash s heirs 1 3 d Quick Onyx Nash s heirs 17 Marta places a large prefabricated plastic greenhouse in her backyard with the steel frame bolted into concrete that she poured specially for that purpose She attaches gas heating ducts and builds a brick walkway around the greenhouse Now the town wants to raise her real property taxes claiming that her property has been improved Marta argues that the greenhouse is not part of the real property Is it a The greenhouse is not part of the real property because it was prefabricated b The greenhouse is not part of the real property because it could be removed c The greenhouse cannot be part of the real property if Marta owns a fee simple absolute d The greenhouse is a fixture and is part of the real property 18 Which of the following forms of tenancy will be created if a tenant stays in possession of the leased premises without the landlord s consent after the tenant s one year written lease expires a Tenancy at will b Tenancy for years c Tenancy from period to period d Tenancy at sufferance 19 A tenant renting an apartment under a three year written lease that does not contain any specific restrictions may be evicted for a Counterfeiting money in the apartment b Keeping a dog in the apartment c Failing to maintain a liability insurance policy on the apartment d Making structural repairs to the apartment 20 Michael signs a lease for an apartment The lease establishes a periodic tenancy for one year starting September 1 and ending the following August 31 Rent is 800 per month As August 31 approaches Michael decides he would like to stay another year He phones the landlord to tell him this but the landlord is on vacation and Michael leaves a message Michael sends in the September rent but on September 15 the landlord tells him the rent is going up to 900 per month He give Michael the choice of paying the higher rent or leaving Michael refuses to leave and continues to send checks for 800 The landlord sues Landlord will a Win possession of the apartment because the lease expired b Win possession of the apartment because Michael did not renew it in writing c Win possession of the apartment because he has the right to evict Michael at any time for any reason d Win 1 200 12 months times 100 e Lose 21 T F A gift is unenforceable unless both parties give consideration 22 T F A gift causa mortis is automatically revoked if the donor dies shortly after making it 23 T F A bailee always has the right to possess the property 24 T F A finder of lost property generally may keep the property unless the true owner comes forward 25 T F A common carrier is strictly liable for harm to the bailor s goods 26 Which of the following requirements must be met to create a bailment I Delivery of personal property to the intended bailee II Possession by the intended bailee III An absolute duty on the intended bailee to return or dispose of the property according to the bailor s directions a I and II only b I and III only c II and III only d I II and III 27 Martin is a rich businessman in perfect health On Monday morning he tells his niece Stephanie Tomorrow I …