ARE+18+Fall+2012+Final - Name Class Date ID A ARE 18 Fall...

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Unformatted text preview: Name: Class: Date: ID: A ARE 18 Fall 2012 Final Multiple Choice Identifi/ the choice that best completes the statement or answers the question. Copy Products, Inc., uses, in its ads, a trademark that is similar, but not identical, to the famous, registered mark of Imitated Goods, Inc. Copy's unauthorized use of the mark constitutes trademark dilution provided b. Copy and Imitated are competitors. (1. Copy's use reduces the value of Imitated's mark. Bubbly Cola features Sparkly Cola‘s trademark without its owner's permission. Bubbly's use of the mark is c. Bubbly's use reduces the value of Sparkly's mark. d. Sparkly's mark is registered. Modern Clothing, Inc, and National Denim Corporation use the mark "Made by Members of the US. Textile Workers Union" on the tags of their products to indicate the participation of the union in the manufacture. Modern and National are not in business together and do not own this mark. This mark is ' Ernie's Good Eatin' Cafe uses a distinctive decor, layout, menu, and style of service. This restaurant's image Phil invents "PhutureNow," new Web site design software, and applies for a patent. If Phil is granted a patent, his invention will be protected 0. for the life of the inventor plus seventypyears. 1. a. consumers are confused. c. Copy‘s use is intentional. 2. actionable provided a. consumers are confused. b. Bubbly's use is intentional. 3. a.‘ a certification mark. b. a collective mark. 0. a service mark. (1. trade dress. _ 4. and overall appearance is a. a certification mark. b. a collective mark. 0. a service mark. d. trade dress. 5. a. for ten years. b. for twenty years. d. forever. 6. Rio designs a new computer hard drive, which he names "Sci Phi." He also writes the operating manual to be included with each final product. Ric could obtain patent protection for a. the hard drive. b. the "newness" of the hard drive. c. the name. d. the operating manual. Name: 7. 10. ll. ‘* 12. 13. Sights Unseen, Inc., (SUI) sells scopes with distinctively designed and made lenses and mirrors to scientists. Telescopes, Etc. Corporation later begins to sell scopes with identical set-ups of lenses and mirrors, without SUI's permission, to consumers. This is most likely a. copyright infringement. b. patent infringement. c. trademark infringement. d. not infringement. In 2010, 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. Cathy uses, on her new recording Drive By, the exact note-for-note melody of a song written by Earl without - ' his permission. This is a. copyright infiingement. b. patent infringement. c. trademark infringement. d. a theft of trade secrets. Ellen publishes a book titled First Place, which includes a chapter from Frank‘s copyrighted book Great Racecar Drivers. Ellen‘s use of the chapter is actionable provided a. consumers are confused. b. Ellen's use is intentional. c. Ellen's use reproduces Frank's chapter exactly. d. Ellen does not have Frank's permission. Mace copies Nick‘s book, Ofl the Beaten Path, in its entirety and sells it to Parkland Books, Inc., without Nick's permission. Parkland publishes it under Mace‘s name. This is a. copyright infringement. b. ' fair use. c. licensing. dr—‘protected expression. Kay and Leo copy and exchange MP3 music files over the Internet without anyone's permission. With respect to songs owned by Natural Recording Company, this is a. copyright infringement. b. fair use. 0. licensing. d. protected expression. Diamond Financial Planners employs Ella, who is the fnm's most productive performer. Ella, dissatisfied with the commission structure, quits to work for Feldstar Investments, Inc. She takes her list of Diamond clients to induce them to switch to F eldstar. Trade secrets law covers Diamond's list of clients. Ella's performance. Feldstar's commission structure. none of these choices. 999‘!” Name: 15. 16. 17. 18. 19. 14. 1]):A Edna and Flavia buy a boat that they dock in a marina near Gulfport, Mississippi. On the death of either owner, that owner's interest in the boat passes to her heirs. This is a. a joint tenancy. b. a tenancy by the entirety. c. a tenancy in common. d. ownership in fee simple absolute. Clancy sells shares in Deepwater Pool & Spa Company to Eton. Clancy does not deliver the actual possession of the shares to Eton, but gives him the key to a safety—deposit box in First State Bank in which the stock certificates are locked. Presenting the key is a. constrictive delivery. b. constructive delivery. 0. destractive delivery. d. destructive delivery. Nero and Olav each buy certain quantities of oil to sell to Petro Refinery, and agree to share storage costs until Petro can take delivery. The oil is commingled so that Nero's oil cannot be distinguished from Olav's. This is a. accession. b. confusion. 0. conversion. (1. irresolution. Mona asks Ned if she can store her furniture in his garage while she serves a tour of duty with the U.S. Marines Corps. Ned agrees. This is a bailment for a. neither party’s benefit. b. the parties‘ mutual benefit. 0. the sole benefit of the bailee. d. the sole benefit of the bailor. Sid borrows Tony's paint sprayer to paint his house. Uma allows Vic to store his posthole digger in her shed. The party with aright to use the bailed property is a. neither Sid nor Uma. b. Sid and Uma. cm~Sid~only. d. Uma only. GR8 Stores, Inc., hires Haul—Way Company, a common carrier, to transport fifty large—screen HDTVs from San Diego to Phoenix. En route, a pothole cauSes the truck to crash, damaging the goods. Liability for the damage most likely rests with a. GR8 Stores and Haul-Way. b. GR8 Stores only. c. Haul-Way only. d neither GR8 Stores nor Haul-Way. Name: 20. 21. 22. 23. 24. 25. 1]):A BroadView Company arranges to have Carrier Corporation, a common carrier, transport 500 DVD players from New York to California. Dan is Carrier‘s driver. BroadView will have no cause of action against Carrier if Carrier fails to deliver the players on time because a. authorities are stopping and searching all trucks entering California. b. Carrier‘s dispatcher mistakenly delays Dan's departure. c. Carrier‘s truck is broken into and the players are stolen. (1. Dan has to wait two days in Denver for the truck to be repaired. Venerable Company stores office furniture with Warehouse Storage, Inc. (WSI), under a contract that limits the warehouse company's liability for lost or damaged property to $500. Venerable declines the option to pay a higher storage rate for an increase in the liability limit. The furniture is lost through no fault of WSI. The loss is most likely suffered by a. Venerable and WSI. b. Venerable only. c. WSI only. d. neither Venerable nor WSI. Reno is the beneficiary of a life insurance policy on Sula's life obtained from Thayer Insurance Company. The underwriter of this policy is a. Reno. b. Sula. c. Thayer. d. the agent or broker through whom the policy was obtained. EZ Rentals Company wants to insure the equipment that it rents to the public. To obtain insurance, EZ must have an insurable interest in the equipment a. at any time. b. at the time a loss occurs. 0. at the time a policy is obtained. (1. continuously from the time a policy is obtained to the time a loss occurs. Ginny obtains a health-insurance policy for her family from Hope Insurance Company. The policy includes an incontestabz’lity clause. Under such a clause, after a policy has been in force for a specified period or time, such as two or three years a?“Ginnycannotcontest‘H'op'e'S‘insurab‘l'e'interest. b. Ginny cannot contest Hope's refusal to pay a claim under the policy. 0. Hope cannot contest Ginny's eligibility for continued coverage. d. Hope cannot contest Ginny's statements in the application. Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A'pond lies within the boundaries. Land includes a. the pond, the soil, and the structures. b. the pond and the soil only. c. the soil only. d. the structures and the soil only. ID:A Patsy possesses twenty-four-acres of remote, rugged land. Patsy has the right to use the property, including extracting silver from an existing mine, for life. Patsy also has the right to lease the land for a period not to Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a Rafe signs a one—year lease with Suki to occupy an apartment in Lawrence, Kansas, near the University of Kansas. Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term. Now Shopping Mall Corporation leases space to Only U Stores and Pik—Ur~Choice, Inc. Later, Pik-Ur—Choice begins to sell items that are similar to Only U's goods, and Only U abandons its space before the end of the Hobby Farms, Inc, owns rural property that it leases to various tenants, including Ira. Ira's transfer of his Oil Refining Company's plant emits hazardous air pollutants. Regarding these pollutants, the plant must use Name: 26. exceed her life. Patsy‘s ownership interest is a. a fee simple absolute. b. a leasehold estate. 0. a life estate. d. the power of eminent domain. 27. - ticket to the series. What distinguishes Moby, a tenant, from Ollie, a licensee, is a. the exclusivity of possession. b. the quiet enjoyment of rights. c. the temporary nature of possession. d. the title to the property. 28. Rafe's tenancy is a. a periodic tenancy. b. a tenancy at will. c. a tenancy at sufferance. / d. a fixed—term tenancy. 29. lease term. Only U is liable to a. not Now or its other tenants. b. Now and its other tenants, except Pik—Ur—Choice, for any effect on their business. c. Now and its other tenants, including Pik—Ur—Choice, for any effect on their business. (1. Now only for the unpaid rent. w 30. entire interest in the leased property to a Jason is a. an assignment. b. an eviction. c. a right of entry. (1. a sublease. 3 l . a. the all-pollution elimination technology. b. the best possible available technology. c. the maximum achievable control technology. d. the practically affordable standard technology. 32. Little City Company operates a public water supply system. Little City must send to every household that it supplies with water an annual statement describing a. Little City's financial situation and material facts that affect it. b. other busineSSes in which Little City is involved and to what extent. 0. parties who might be held liable if pollution problems arise. d. the source of the water, and any contaminants and health concerns. Name: 33. ChemoCorp, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is ~ imminent, the Environmental Protection Agency, among other things, can a. conduct an inspection of ChemoCorp's plant. b. declare the substance to be unregulated and allow its production. 0. ignore the risk if the benefit outweighs the harm. d. order the substance to be sold in an adulterated form. ARE 18 Fall 2012 Final Answer Section NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT NAT NAT NAT NAT: NAT: NAT: NAT: NAT: NAT: AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective ID:A AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective MULTIPLE CHOICE 1. ANS: D PTS: 1 REF: p.128 LOC: AICPA Legal TYP: + 2. ANS: A PTS: 1 REF: p.129 LOC: AICPA Legal TYP: N 3. ANS: B PTS: 1 REF: p 130 LOC: AICPA Legal TYP: = 4. ANS: D PTS: 1 REF: p.131 LOC: AICPA Legal TYP: = 5. ANS: B PTS: 1 REF: p.135 LOC: AICPA Legal TYP: = 6. ANS: A PTS: 1 REF: p. 135 LOC: AICPA Legal TYP: + 7. ANS: B PTS: 1 REF: p. 137 LOC: AICPA Legal TYP: N 8. ANS: C PTS: 1 REF: p.137 LOC: AICPA Legal TYP: = 9. ANS: A PTS: 1 REF: p. 140 LOC: AICPA Legal TYP: = ' 10. ANS: D PTS: 1 REF: p. 140 LOC: AICPA Legal TYP: + 11. ANS: A PTS: 1 REF: p. 140 LOC: AICPA Legal TYP: + 12. ANS: A PTS: 1 REF: p.141 LOC: AICPA Legal TYP: = 13. ANS: A PTS: 1 REF: p.143 LOC: AICPA Legal TYP: N 17?— KNSEC—T—flTST—T—fREFT66I—‘NAT2—HCSB'Reflective LOC: AICPA Legal TYP: N 15. ANS: B PTS: 1 REF: p.666 LOC: AICPA Legal TYP: N 16. ANS: B PTS: 1 REF: p.668 LOC: AICPA Legal TYP: N 17. ANS: D PTS: 1 REF: p.672 LOC: AICPA Legal TYP: N 18. ANS: C PTS: 1 REF: p.673 LOC: AICPA Legal TYP: N 19. ANS: C PTS: 1 REF: p.676 LOC: AICPA Legal TYP: N 20. ANS: A PTS: 1 REF: p. 676 LOC: AlCPALegal TYP: N 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: ANS: LOC: B PTS: AICPA Legal C PTS: AICPA Legal B PTS: AICPA Legal D PTS: AICPA Legal A PTS: AICPA Legal C PTS: AICPA Legal A ' PTS: AICPA Legal D PTS: AICPA Legal D PTS: AICPA Legal A PTS: AICPA Legal C PTS: AICPA Legal D PTS: AICPA Legal A PTS: AICPA Legal REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: REF: TYP: p. 677 p. 678 N p. 680 N p. 682 p. 691 p. 694 p. 695 p. 700 N p. 702 p. 702 N p. 706 p. 708 p. 709 NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT: NAT : NAT: NAT: NAT: AACSB Reflective ‘ AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective AACSB Reflective ID:A ...
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