Final Exam

Question 1

Title

Answer 1

Bundle of rights to a property

Question 2

Types of found property

Answer 2

Mislaid- owner forgets where he placed property
Lost- owner unintentionally parts with property
Abandoned- owner gives up
Treasure trove-old property hidden for a while

Question 3

Grande vs Jennings

Answer 3

Grande’s father hid money in his walls, Jennings bought property with money, it was mislaid, given to Grande

Question 4

Adverse possession

Answer 4

Possessor acquires title of personal property after a statutory period has passed

Question 5

Good faith purchases

Answer 5

Someone unknowingly purchasing stolen goods, owner can recover goods

Question 6

Ziva jewellery vs car wash headquarters

Answer 6

A car with jewels was stolen while owner went to pay for a car wash, jewels weren’t recovered, car wash was only bailee of car, not jewels, car wash not responsible

Question 7

Fontainebleau vs Eden Roc Hotel

Answer 7

Fontainebleau blocked Eden roc hotels sunlight during construction, airspace right, court ruled that America does not follow England’s light and air policy in favour of Fontainebleau

Question 8

Ownership interests

Answer 8

Fee simple- absolute or defeasible
Life estates-owner has rights during their life, cannot sell
Leasehold estate- grants a qualified right for a limited time
Easements-privilege to use property

Question 9

License

Answer 9

Permission to use someone’s property, can be revoked at any time

Question 10

2 north st corp vs Getty S Corporations

Answer 10

2 north maintained land belonged to Getty S Corp for 27 years , 2 north was given title because it acted in possession for at least ten years

Question 11

Constructive eviction

Answer 11

A claim for a tenant that they had to leave because apartment was uninhabitable

Question 12

Eminent domain

Answer 12

Authority of state and federal government to take private property, must pay fair value for it

Question 13

Kelo vs. City of London

Answer 13

City wanted to take houses including Kelo’s to build new office buildings, kelos house was in good shape, Supreme Court rules in favour of government for the common food of repairing the area

Question 14

Public international law

Answer 14

Relations between countries and international organisations

Question 15

Private international law

Answer 15

Regulation of private individuals and businesses

Question 16

Comity

Answer 16

How nations respect laws and court decisions of other nations

Not required, done because we want reciprocal treatment

Question 17

United Nations

Answer 17

Facilitates concerns on defence, trade, human rights

Question 18

World trade organisation

Answer 18

Promotes and resolves trade disputes involving trade barriers

Question 19

International court of justice

World court

Answer 19

Parties must agree to submit their dispute to them

Judicial branch of United Nations

Question 20

Sovereign immunity

Answer 20

Doctrine that foreign nations have their own supreme power and are immune to US courts

Question 21

Butters vs Vance

Answer 21

A woman who worked for the Saudi government was in Los Angeles helping the Saudi princess who was in the hospital. She was denied a promotion because she was a woman, she sued. Vance international was not liable for discrimination because of sovereign immunity

Question 22

Civil law system

Answer 22

Rely on written law, detailed statutes, Roman heritage

Europe, Japan, Russia

Question 23

Common law

Answer 23

Rely on precedent, case law, fill in gaps

US, England, Canada, Australia

Question 24

Mixed legal system

Answer 24

Mix of civil and common law, used in Louisiana

Question 25

INCO terms

Answer 25

Abbreviations to reduce confusion regarding title, risk of loss, or delivery in international trade

EXW, FCA, FOB name of port

Question 26

TRIPS

Answer 26

Provides law on intellectual property protection

Question 27

Madrid protocol

Answer 27

Reduces burden and paperwork to obtain multinational trademark protection

Question 28

Misappropriation

Answer 28

Acquisition of a trade secret improperly

Gives rise to tort of conversion

Question 29

Waymo vs Uber

Answer 29

Waymo sued Uber for stealing trade secrets from former waymo employees, 14000 documents stolen. Uber had to pay 245 million and could not use waymo technology

Question 30

Trademark

Answer 30

Distinct, non generic words, pictures, designs or symbols used to identify a product or service

Question 31

Trade dress

Answer 31

Protects products shape, colour combination, look of buildings

Question 32

Two pesos vs taco cabana

Answer 32

Two pesos was accused of copying the taco cabana restaurant building

Question 33

Likelihood of confusion standard

Answer 33

To prove trademark infringement, holder must show that the infringement would cause confusion among reasonable consumers

Question 34

Blurring dilution

Answer 34

Quality of a trademark is weakened through identification with goods that aren’t alike

Question 35

Tarnishment dilution

Answer 35

Harms the brands reputation

Question 36

Copyright

Answer 36

Author has an exclusive right to sell control and license

Question 37

Copyright requirements

Answer 37

Original
Some degree of creativity
Fixed in a durable medium

Question 38

Vicarious infringement

Answer 38

Involves a third party, a principal who benefits from the agents infringement

Ex an employee infringes on behalf of employer

Question 39

MGM studios vs grokster

Answer 39

Grokster developed software on which it did not know who was infringing. Supreme Court ruled that anyone who develops a device with intent to help infringe copyright is liable

Question 40

Patent

Answer 40

Gives inventors exclusive rights to use, license, and profits