Transcript Test Review Josh develops a new lawnmower, which he names the “Lawn Gem.” He also writes the operating manual that is included with.

Test Review
Josh develops a new lawnmower, which he names the
“Lawn Gem.” He also writes the operating manual that
is included with each final product. Answer true or
false: “Lawn Gem” would be considered to be a
fanciful term for purposes of trademark law.
a. True
b. False
Copy Products, Inc., uses, in its ads, a trademark that is
substantially the same as a distinctive mark used by
Durable Goods, Inc. Copy’s use of the mark is
actionable
a. only if consumers are confused.
b. only if Copy and Durable are competitors.
c. only if consumers are confused and Copy and
Durable are competitors.
d. regardless of whether consumers are confused or
Copy and Durable are competitors.
In 2005, Sara writes Terror at the Track, a novel about
racecar driving. Sara does not register the work with
the appropriate government office. Under federal
copyright law, Sara’s work is protected
a. for ten years.
b. for twenty years.
c. for the life of the author plus seventy years.
d. forever.
The idea for “Monkeybutt,” a video game, is
protected by
a.
b.
c.
d.
copyright law.
patent law.
trademark law.
trade secrets law.
For a party to take by adverse possession, the
party’s possession must not be hostile to the
true owner’s rights.
a. True
b. False
The title obtained by adverse possession is
sometimes referred to as
a.
b.
c.
d.
a complex fee title.
a firmhold estate.
an impaired title.
a limitations title.
Rob deeds a plot of timberland to State
University, which pays nothing to Rob for the
property. Rob has given the university
a.
b.
c.
d.
a fee simple absolute.
a leasehold estate.
a life estate.
the power of eminent domain.
Wood Products Corporation, which owns no
land, has a right to cut trees from Natural
Resource Company’s land. Wood’s right is
a.
b.
c.
d.
a leasehold estate.
a license.
an easement.
a profit.
Shaky Life Insurance Co. conveys an office building to
Ajax Corp with a deed that warrants the property to
Ajax as against all claims, whether arising from things
that Shaky Life did or things that others in the chain of
title before it did. This deed is
a.
b.
c.
d.
a grant deed.
a quitclaim deed.
a special warranty deed.
a warranty deed.
Same facts as previous question, but this time, the deed from
Shaky says that Shaky “does hereby bind itself to warrant and
forever defend all and singular the Property unto Ajax against
every person whomsoever, lawfully claiming or to claim the
same or any part thereof, by through or under Shaky, but not
otherwise. This deed is
a.
b.
c.
d.
a grant deed.
a quitclaim deed.
a special warranty deed.
a warranty deed
A deed that transfers only whatever right the
grantor may have to a particular piece of
property is called a
a.
b.
c.
d.
a grant deed.
a quitclaim deed.
a special warranty deed.
a warranty deed.
To acquire the ownership of a mountain cabin by
adverse possession, Cody must occupy the cabin
exclusively, continuously, and peaceably for a specified
period of time
a.
b.
c.
d.
in an, open, hostile, and adverse manner.
until the owner files a suit.
without the owner’s knowledge.
with the state’s permission.
Consumer Stores, Inc., signs a lease for a storefront
owned by Downtown Property Company. Unlike a
purchaser of real property, Consumer Stores
a.
b.
c.
d.
acquires only temporary possession of the
premises.
enjoys exclusive possession of the premises.
holds only temporary title to the premises.
retains temporary, exclusive possession and
title to the premises.
Bill leases an apartment from Cathy. Two months later,
Bill moves out, and arranges with Diane to move in and
pay the rent to Cathy for the rest of the term. This is
a.
b.
c.
d.
an assignment.
an easement.
an eviction.
a sublease
In addition to an offer and acceptance, contractual
capacity and a lawful object, the following is an
indispensable element to contract formation
a.
b.
c.
d.
Consideration.
Absence of any misrepresentation.
The exchange of money.
A subjective intent to make a binding agreement
by all of the parties.
Intent to contract is determined by the offeror’s
subjective intentions, beliefs, or assumptions.
a.
b.
True
False
Freida and Gail enter into a bilateral contract, which is
created when Freida gives a promise in exchange for
Gail’s
a.
b.
c.
d.
performance of a particular act only.
promise only.
performance of a particular act or promise.
none of the above.
Jill offers to pay Kyle $500 if he jogs across the Golden
Gate Bridge. Kyle can accept the offer only by jogging
across the bridge. If Kyle jogs across the bridge, he and
Jill will have formed
a.
b.
c.
d.
a bilateral contract.
a moral obligation.
a social contract.
a unilateral contract.
Tom enters a coffee shop in which he has an open
account, fills a cup of coffee, holds it up so the cashier
can see it, acknowledges the cashier’s nod, and walks
out with the coffee, knowing that he will be billed for it
at the end of the month. Tom has formed
a.
b.
c.
d.
an express contract.
an implied-in-fact contract.
an implied-in-law contract.
a quasi contract.
Federal Oil Company and Great Apartments, Inc., sign a
contract in which Federal agrees to deliver heating oil
in exchange for Great’s promise to pay for it. Federal
delivers the oil. The contract is
a.
b.
c.
d.
executory on the part of Federal.
executory on the part of Great.
fully executed.
neither executed nor executory on the part of
either party.
Marie, a judge, imposes a quasi contract on National
Sales Corporation and Outstate Delivery Company most
likely to
a. avoid the unjust enrichment of one party at the expense of
the other.
b. punish the failure of one party to honor a moral obligation to
the other
c. reward the semi-contractual conduct of one party toward the
other.
d. sanction the non-contractual behavior of one party toward
the other.
John says to Kris, “I would like to sell you my sports
memorabilia collection.” This is not an offer because it
a.
b.
c.
d.
does not describe the subject matter
sufficiently.
does not include a price term.
only expresses an opinion.
only invites Kris to negotiate.
Ann offers to buy a laser printer, with a case of paper
and an extra cartridge, from Best Office Products for
$200. Curt, Best’s representative, says, “OK, but no
paper and no extra cartridge.” Curt has
a.
b.
c.
d.
accepted the offer.
made a counteroffer without rejecting the offer.
rejected the offer and made a counteroffer.
rejected the offer without making a
counteroffer.
Jeff offers Kelly $1,000 for her three-year-old laptop computer.
Kelly accepts. If a dispute arises, a court would likely
a.
b.
c.
d.
enforce the deal after questioning the adequacy of
consideration.
not question the adequacy of the consideration.
rewrite the deal after questioning the adequacy of
consideration.
set aside the deal after questioning the adequacy of
consideration.
A minor may disaffirm a contract for necessaries and
thereby avoid liability for the reasonable value of the
goods.
a.
b.
True
False
A contract with an unlicensed professional is always
enforceable to some extent.
a.
b.
True
False
On Tad’s eighteenth birthday, he decides that he no
longer wants to keep a car he bought from U-Pick
Autos, Inc., when he was seventeen. His right to
disaffirm the deal will depend on
a.
b.
c.
d.
the car’s condition when Tad bought it.
the car’s current condition.
whether Tad acts within a reasonable period
of time.
whether U-Pick has the right to disaffirm.
Ruth, a minor, charges groceries at Sam’s Mart. Two
days later, Ruth disaffirms the purchase. Ruth owes
Sam’s Mart
a.
b.
c.
d.
the reasonable value of the groceries.
the retail value of the groceries.
the wholesale value of the groceries.
nothing.
Ann, an emergency medical technician, renders
emergency life saving medical care to Brad, a minor.
Under the ruling of the court in Case 8.1, Yale
Diagnostic Radiology v. Estate of Harun, Ann may
recover the cost from
a. Brad only.
b. Brad or Brad’s parent.
c. Brad’s parent only.
d. no one.