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Study sets matching "property law chapter 5"

26 terms
Property Law, Chapter 5
Contract
Legal capacity of contract
Trustee
Agent
Agreement between two or more persons consisting of a promise…
means that the law will make a person responsible to perform…
A person who holds legal title to property of a trust and who…
A person authorized to perform acts or sign contracts on beha…
Contract
Agreement between two or more persons consisting of a promise…
Legal capacity of contract
means that the law will make a person responsible to perform…
12 terms
chapter 5 - property law
Res nullius:
Res derelictae:
Res communis:
Accessoruim principalem sequitur:
belongs to no-one, part of wildlife ... Can acquire it by taking…
smthg left on purpose by the owner (trash)... Can acquire it by…
belongs to everyone, to mankind (wind)
"a small element of smthg bigger follows the rules of the big…
Res nullius:
belongs to no-one, part of wildlife ... Can acquire it by taking…
Res derelictae:
smthg left on purpose by the owner (trash)... Can acquire it by…
14 terms
Property law chapter 5
Easememts
Appurenant easmenet
Easements in gross
Dominant tenement
Right to use real property of another owner for a specific pu…
Befit a particular parcel of real property
Easement granting the owner the right to use real property fo…
Parcel of land benifited by an appurtenances easement
Easememts
Right to use real property of another owner for a specific pu…
Appurenant easmenet
Befit a particular parcel of real property
47 terms
Chapter 5: Property Law
Personal/ Relative Rights
Absolute Rights
Erga omned
Droit de suite
are against a particular person
pertain to an object of the right (tangible/ intangible)
An effect against 'everyone'
"right to follow"; (If the object of a right falls into the h…
Personal/ Relative Rights
are against a particular person
Absolute Rights
pertain to an object of the right (tangible/ intangible)
103 terms
Business law chapter 5 Intellectual property, property,
intellectual property
Why protect intellectual property?
Rights of intellectual property owners
U.S. constitution Article 1 section 8
any property that is product of an individuals mind (eg. book…
motivate innovation and creating new things
possession, control, enjoyment, exclusion, dsposition
exclusive right to respective discoveries
intellectual property
any property that is product of an individuals mind (eg. book…
Why protect intellectual property?
motivate innovation and creating new things
Property Law Chapter 5 Key Terms
freehold estate
non freehold or leasehold estate
fee simple absolute
fee simple defeasible
An indefinite estate for life or in fee
an ownership interest in land generally of a fixed or determi…
an estate limited absolutely to its owners and their heirs th…
a fee estate that may end upon the happening of a specified e…
freehold estate
An indefinite estate for life or in fee
non freehold or leasehold estate
an ownership interest in land generally of a fixed or determi…
23 terms
BLAW Chapter 5 (Intellectual Property and Internet Law)
Intellectual Property (IP)
Importance of IP to businesses
Trademark
Statutory Protection of Trademarks
Property resulting from intellectual and creative purposes ... -…
IP rights can be a company's most valuable assets... Ex. Apple v…
A distinctive word, symbol, or design that identifies the man…
Lanham Act of 1946: federal statute enacted in part to protec…
Intellectual Property (IP)
Property resulting from intellectual and creative purposes ... -…
Importance of IP to businesses
IP rights can be a company's most valuable assets... Ex. Apple v…
35 terms
Chapter 5- Intellectual Property & Internet Law
intellectual property
trademark
trademark dillusion
trademark registration dates
any property resulting from intellectual, creative processes-…
a distinctive word, symbol, or design that identifies the man…
using a mark similar, but not identical, to a protected trade…
...
intellectual property
any property resulting from intellectual, creative processes-…
trademark
a distinctive word, symbol, or design that identifies the man…
17 terms
Chapter 5- Intellectual Property and Internet Law
Intellectual Property
Trademark
Service Mark
Certification Mark
property resulting from intellectual and creative processes
A distinctive word, symbol, or design that identifies the ... ma…
A trademark that is used to distinguish the services (rather…
A mark used by one or more persons, other than the owner, to…
Intellectual Property
property resulting from intellectual and creative processes
Trademark
A distinctive word, symbol, or design that identifies the ... ma…
17 terms
Chapter 5. Intellectual Property and Internet Law. Miller
Intellectual Property
Trademark
Service Mark
Certification Mark
property resulting from intellectual and creative processes.
a distinctive word, symbol, or design that identifies the man…
a trademark that is used to distinguish the services (rather…
a mark used by one or more persons, other than the owner, to…
Intellectual Property
property resulting from intellectual and creative processes.
Trademark
a distinctive word, symbol, or design that identifies the man…
16 terms
Chapter 5: Intellectual Property and Internet Law
Intellectual Property
Trademark
Lanham Act
Service Mark
Property resulting from intellectual, creative process
Distinctive mark, motto, device, etc. that a manufacturer aff…
Protect manufacturers from losing business to rival companies…
Mark used in sale/advertising of services to distinguish serv…
Intellectual Property
Property resulting from intellectual, creative process
Trademark
Distinctive mark, motto, device, etc. that a manufacturer aff…
17 terms
Business Law Chapter 5: Intellectual Property and Internet Law
Certification Mark
Cloud Computing
Collective Mark
Copyright
A mark used by one or more persons, other than the owner, to…
A Web-based service that extends a computer's software or sto…
A mark used by members of a cooperative, association, union,…
The exclusive right of an author or originator of a literary…
Certification Mark
A mark used by one or more persons, other than the owner, to…
Cloud Computing
A Web-based service that extends a computer's software or sto…
Chapter 5 Intellectual Property and Internet Law
Intellectual property
4 examples of intellectual property
What evolves to meet the needs of mode…
Where are the challenges in protecting…
property resulting from intellectual and creative purposes
1) information in books and files... 2) apps... 3) movies... 4) music
statutory protection of IP rights
global scale
Intellectual property
property resulting from intellectual and creative purposes
4 examples of intellectual property
1) information in books and files... 2) apps... 3) movies... 4) music
17 terms
Business Law Chapter 5 Intellectual Property and Internet Law
Intellectual Property
Trademark
Service Mark
Certification Mark
property resulting from intellectual and creative processes
A distinctive word, symbol, or design that identifies the ... ma…
A trademark that is used to distinguish the services (rather…
A mark used by one or more persons, other than the owner, to…
Intellectual Property
property resulting from intellectual and creative processes
Trademark
A distinctive word, symbol, or design that identifies the ... ma…
36 terms
Bus law chapter 5, intellectual property
Intellectual property
Trademark
Statutory protection of trademarks
Trademark dilution
any property resulting from intellectual/ creative process. T…
distinctive word, symbol, sound design that identifies the ma…
Lanham Act of 1946, protects manufacturers from losing busine…
in 1995 congress amended the Lanham act by passing the Federa…
Intellectual property
any property resulting from intellectual/ creative process. T…
Trademark
distinctive word, symbol, sound design that identifies the ma…
17 terms
BLTS Chapter 5 Intellectual Property and Internet Law
Intellectual Property
Trademark
Service Mark
Certification Mark
Property resulting from intellectual, creative processes
A distinctive mark, motto, device, or emblem that a manufactu…
A mark used in the sale or advertising of services to disting…
A mark used by one or more persons, other than the owner, to…
Intellectual Property
Property resulting from intellectual, creative processes
Trademark
A distinctive mark, motto, device, or emblem that a manufactu…
71 terms
BUS LAW - Chapter 5 Intellectual property
In Case 8.1, Coca-Cola Co. v. Koke Co.…
A famous trademark may be diluted only…
Trademark dilution requires proof that…
A trademark must be registered to supp…
T
F, can be diluted by by a similar mark
F, it must require that the overall quality has declined beca…
F, trademarks can be brought to court if they substantially c…
In Case 8.1, Coca-Cola Co. v. Koke Co.…
T
A famous trademark may be diluted only…
F, can be diluted by by a similar mark
71 terms
BUS LAW - Chapter 5 Intellectual property
In Case 8.1, Coca-Cola Co. v. Koke Co.…
A famous trademark may be diluted only…
Trademark dilution requires proof that…
A trademark must be registered to supp…
T
F, can be diluted by by a similar mark
F, it must require that the overall quality has declined beca…
F, trademarks can be brought to court if they substantially c…
In Case 8.1, Coca-Cola Co. v. Koke Co.…
T
A famous trademark may be diluted only…
F, can be diluted by by a similar mark
23 terms
Business Law Chapter 5 - Intellectual Property
Intellectual Property
Intellectual Property Protection
Trademark
Trademark Registration
Most important asset to a company. Results from a creative mi…
Article 1 Section 8 states that the constitution authorized c…
A distinctive mark, motto, device or emblem that a manufactur…
May be registered with the state or federal government if it…
Intellectual Property
Most important asset to a company. Results from a creative mi…
Intellectual Property Protection
Article 1 Section 8 states that the constitution authorized c…
Chapter 5: Intellectual Property and Internet Law
Intellectual Property (IP)
Trademark
Lanham Act
Federal Trademark Dilution Act
Property from intellectual or creative ideas... Info in books,…
Distinctive word, symbol, or design that directly relates a c…
Enacted to protect companies from losing business to other co…
amendment to Lanham act that allows trademark user to bring l…
Intellectual Property (IP)
Property from intellectual or creative ideas... Info in books,…
Trademark
Distinctive word, symbol, or design that directly relates a c…
Chapter 5: Intellectual Property and Internet Law
intellectual property
trademark
Lanham Act (1946)
trademark dilution laws
property resulting from intellectual and creative processes
distinctive word, symbol, sound, or design that identifies th…
provides statutory protection of trademarks and related prope…
protect the owners of distinctive marks from unauthorized use…
intellectual property
property resulting from intellectual and creative processes
trademark
distinctive word, symbol, sound, or design that identifies th…
16 terms
Chapter 5 Intellectual Property & Internet Law
intellectual property
trademark
service mark
certification mark
property resulting from intellectual, creative processes
a distinctive mark, motto, device, or emblem that a manufactu…
a mark used in the sale or the advertising services to distin…
a mark used by one or more persons, other than the owner, to…
intellectual property
property resulting from intellectual, creative processes
trademark
a distinctive mark, motto, device, or emblem that a manufactu…
34 terms
Chapter 5: Intellectual Property and Internet Law
Why is Intellectual Property (IP) beco…
Trademark
Purpose of a Trademark
Coca Cola vs The Koke Co of America (1…
Gives significant value to many corporations, which in some c…
Distinctive mark, motto, device, or emblem that a manufacture…
Helps to distinguish products/services from other manufacture…
...
Why is Intellectual Property (IP) beco…
Gives significant value to many corporations, which in some c…
Trademark
Distinctive mark, motto, device, or emblem that a manufacture…
17 terms
Chapter 5 (Intellectual Property and Internet Law)
Intellectual Property
Trademark
Service Mark
Certification Mark
Property resulting from intellectual and creative processes.
A distinctive word, symbol, or design that identifies the man…
A trademark that is used to distinguish the services (rather…
A mark used by one or more persons, other than the owner, to…
Intellectual Property
Property resulting from intellectual and creative processes.
Trademark
A distinctive word, symbol, or design that identifies the man…
37 terms
Property and Casualty Chapter 5
In contrast, Dwelling policies are ava…
While the general rule for Homeowners…
The ____ is for condominium owners.
The HO-4 has no Property coverage on t…
Rent
HO-4
HO-6
Insurable interest
In contrast, Dwelling policies are ava…
Rent
While the general rule for Homeowners…
HO-4
18 terms
Chapter 5: Intellectual property and Internet Law bla 361
Certification Mark (136)
Cloud Computing (149)
Collective Mark (136)
Copyright (144)
mark used by one or more persons, other than the owner, to ce…
A Web-based service that extends a computer's software or sto…
A mark used by members of a cooperative, association, union,…
The exclusive right of an author or originator of a literary…
Certification Mark (136)
mark used by one or more persons, other than the owner, to ce…
Cloud Computing (149)
A Web-based service that extends a computer's software or sto…
43 terms
BUL4320 Chapter 5 - Intellectual Property and Internet Law
intellectual property
trademark
Langham Act of 1946
trademark dilution laws
property resulting from intellectual and creative processes
a distinctive word, symbol, sound or design that identifies t…
federal law enacted in part to protect manufacturers from los…
laws that protect "distinctive" or "famous" trademarks from c…
intellectual property
property resulting from intellectual and creative processes
trademark
a distinctive word, symbol, sound or design that identifies t…
24 terms
Business Law Chap 5; Intellectual Property Law
4 avenues to protect intellectual prop…
patents
types of patents
trademarks
1. patents... 2. trademarks... 3. copyrights... 4. trade secrets
protects inventions and grants the inventor the exclusive use…
-utility ... -design ... -plant ... -process
protects the words or symbols which a business uses to identi…
4 avenues to protect intellectual prop…
1. patents... 2. trademarks... 3. copyrights... 4. trade secrets
patents
protects inventions and grants the inventor the exclusive use…
53 terms
Ch 5. Property Law
intellectual property rights
copyright
patent
accession
the legal entitlement attached to the expressed form of an id…
the legal right granted by the US government to a person or o…
the right granted by the US government to an inventor or appl…
an increase or addition to property
intellectual property rights
the legal entitlement attached to the expressed form of an id…
copyright
the legal right granted by the US government to a person or o…
Property Law Ch 5
types of easements
easement appurtenant
dominant easement
servient easement
utility; access
created for benefit of a particular tract of land; easement t…
parcel of land benefited by an appurtenant easement
parcel of land on which is an appurtenant easement is located
types of easements
utility; access
easement appurtenant
created for benefit of a particular tract of land; easement t…
13 terms
Property Law Chapter 6
Deed
General warranty deed
Covenant or warranty
Grantor
Written document that transfers ownership of real property fr…
Deed containing full warranty of title.
Promise that a fact is true or that an event will take place.
Transferor of real property by deed.
Deed
Written document that transfers ownership of real property fr…
General warranty deed
Deed containing full warranty of title.
16 terms
Law Chapter 5
Trial Courts
Parties
Adversarial System
Inquisitional System
Courts that hear civil and criminal cases and consider the fa…
The persons who are actively involved with the prosecution or…
A system of justice in which advocates for opposing parties e…
The trial system in which the judge is active in questioning…
Trial Courts
Courts that hear civil and criminal cases and consider the fa…
Parties
The persons who are actively involved with the prosecution or…
32 terms
Chapter 5 Transfer of Property
abstract of title
action to quiet title
adverse possession
alienation
The condensed history of a title to a particular parcel of re…
...
The open, continuous, exclusive, adverse, notorious (OCEAN) p…
The act of transferring property to another. Alienation may b…
abstract of title
The condensed history of a title to a particular parcel of re…
action to quiet title
...
35 terms
Ch 5: Intellectual Property Law
4 types of IP
IP is noted by
Lanham Trademark Act (1946)
Trademark Dilution.
Patents... Trademarks... Copyrights... Trade Secret (know how)
Distinctive mark, motto or device or emblem that a manufactur…
creates incentives for companies to invest; prevents unjust e…
Congress amended Lanham Act with Federal Trademark Dilution A…
4 types of IP
Patents... Trademarks... Copyrights... Trade Secret (know how)
IP is noted by
Distinctive mark, motto or device or emblem that a manufactur…
15 terms
Chapter 5: Properties of Triangles
Perpendicular bisector
Perpendicular Bisector Theorem
Concurrent lines
Point of concurrency
A segment, ray, line, or plane that is perpendicular to a seg…
Any point on the perpendicular bisector of a segment is equid…
Three or more lines that intersect at a common point.
The point of intersection of concurrent lines.
Perpendicular bisector
A segment, ray, line, or plane that is perpendicular to a seg…
Perpendicular Bisector Theorem
Any point on the perpendicular bisector of a segment is equid…
14 terms
Chapter 5 Terms: Properties of Triangles
intersect
midpoint
angle bisector
perpendicular lines
To have one or more points in common.
The point that divides (or bisects) the segment into two cong…
A ray that divides an angle into two adjacent angles that are…
Two lines that intersect to form four right angles.
intersect
To have one or more points in common.
midpoint
The point that divides (or bisects) the segment into two cong…
72 terms
Family Law - Chapter 5
Aggrieved
Alienage
Anti-miscegenation law
Appearance
Injured or wronged and thereby entitled to a remedy.
The condition of being an alien.
See "miscegenation"
Formally going before a court.
Aggrieved
Injured or wronged and thereby entitled to a remedy.
Alienage
The condition of being an alien.
22 terms
Practical Law: Chapter 5
Trial Courts
Parties
Plaintiff
Defendent
Courts that hear civil and criminal cases and consider the fa…
The persons who are directly involved or interested in any ac…
One who begins a lawsuit
an individual or group being sued or charged with a crime
Trial Courts
Courts that hear civil and criminal cases and consider the fa…
Parties
The persons who are directly involved or interested in any ac…
34 terms
Business Law - Chapter 5
Minor
Age of Majority
Emancipated
Disaffirm
A person who hasn't yet reached the age of adulthood
The age that you are considered an adult
One who is not longer under the legal control of their parents
Show the intent not to live up to the contract
Minor
A person who hasn't yet reached the age of adulthood
Age of Majority
The age that you are considered an adult
21 terms
Chapter 5: Constitutional Law
Commerce Clause
Supremacy Clause
judicial activism
judicial restraint
The part of Article 1, Section 8 that gives Congress the powe…
Makes the Constitution and federal statutes and treaties the…
A court's willingness to decide issues on constitutional grou…
A court's attitude that it should leave lawmaking to legislat…
Commerce Clause
The part of Article 1, Section 8 that gives Congress the powe…
Supremacy Clause
Makes the Constitution and federal statutes and treaties the…
37 terms
Business Law - Chapter 5
answer
assult
battery
causation
a legal document filed with the court in which the defendant…
intentional threat to physically or offensively injure another
harmful or offensive touching
linking a job requirements with under-representation of a pro…
answer
a legal document filed with the court in which the defendant…
assult
intentional threat to physically or offensively injure another
30 terms
Business Law and Ethics - Chapter 5
crime
criminal act
embezzlement
vicarious criminal liability
A punishable offense against society.
Specific conduct that violates a criminal statute.
Taking of anther's property or money by a person to whom it h…
Occurs when the criminal intent of the employee is used as su…
crime
A punishable offense against society.
criminal act
Specific conduct that violates a criminal statute.
28 terms
Business Law--Chapter 5
assault
battery
compensatory damages
conversion
Intentional threat to physically or offensively injury another
Harmful or offensive touching
Amount of money awarded to compensate for a plaintiff's loss
Using property in a manner inconsistent with the owner's rights
assault
Intentional threat to physically or offensively injury another
battery
Harmful or offensive touching
35 terms
Business Law - Chapter 5
tort
damages
proximate cause
intentional torts
an offense against an individual; a private or civil wrong
monetary award intended to compensate for harm done
when the amount of causation is great enough for it to be rec…
torts for which the defendant intended either the injury or t…
tort
an offense against an individual; a private or civil wrong
damages
monetary award intended to compensate for harm done
78 terms
Chapter 3: Law of Property
Property
Tangible
Intangible
Title
Rights and interests in things that society allows people to…
Things you can hold or touch
Things you cannot hold or touch
Legally endorsed claim to ownership. Most important property…
Property
Rights and interests in things that society allows people to…
Tangible
Things you can hold or touch
14 terms
Business Law - Chapter 5
Express Powers
Implied Powers
Bill of Rights
Judicial Review
Specifically stated in the constitution
Powers not explicitly stated in the constitution that have ar…
First 10 amendments of the constitution
The act of deciding if a law is contrary to the constitution
Express Powers
Specifically stated in the constitution
Implied Powers
Powers not explicitly stated in the constitution that have ar…
20 terms
Chapter 5: Civil Law and Procedure
Tort
Damages
Negligence
Intentional Torts
Is a private or civil wrong
If someone commits a tort, the person injured as a result can…
Is a failure to exercise the care that a reasonably prudent p…
Actions taken deliberately to harm another person or his or h…
Tort
Is a private or civil wrong
Damages
If someone commits a tort, the person injured as a result can…
36 terms
Business Law // Chapter 5: Civil Law and Procedure
Tort
Remedies usually available in civil la…
4 elements of most torts
Battery
Private or civil wrong; offense against an individual
Injunctions and damages
Duty, breach (violation), injury, causation
Harmful or offensive touching
Tort
Private or civil wrong; offense against an individual
Remedies usually available in civil la…
Injunctions and damages
14 terms
Business Law Chapter 5
a valid contract
an offer
a void contract
a contract
A contract that is legally binding and fully enforceable is k…
A proposal made by one party that he or she is willing to ent…
A contract that has no legal effect is known as _____________…
Any agreement that is enforceable by law is known as ________…
a valid contract
A contract that is legally binding and fully enforceable is k…
an offer
A proposal made by one party that he or she is willing to ent…
57 terms
Chapter 5, Intellectual Property
Trademark
Statutory protection of trademarks
Trademark dilution
Trademark registration
Distinctive word, symbol, or design that identifies the manuf…
Protected federally via Lanham act of 1946 (provides remedy f…
Passed in 1995 as an amendment to the Lanham Act, protects tr…
Registration can only be done if the trademark is currently i…
Trademark
Distinctive word, symbol, or design that identifies the manuf…
Statutory protection of trademarks
Protected federally via Lanham act of 1946 (provides remedy f…
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