Questions From Syllabus

Front 1

Question 4 - pg 303

What are the differences between real property and personal property.

Back 1

Real property is something that is affixed to the land or growing upon the land.

Personal property is something movable.

Front 2

Question 6 - pg 303

Describe the various non-ownerships interest in real property.

Back 2

1. Tenancy

2. Easement

3. Mortgage

Front 3

Question 7 - pg 303

How does one protect rights in intellectual property?

Back 3

To protect one's intellectual property includes registration with the proper government agency.

Front 4

Question 8 - pg 303

What items are protected by copyrights?

Back 4

literacy, dramatic, musical, artistic, and certain other intellectual works. This includes computer software. It is available to published and unpublished works.

Front 5

Question 9 - pg 303

What items are protected by patents?

Back 5

Any new and useful process, machine, manufacture, or composition of mater, or any new and useful improvement thereof.

Front 6

Question 10 - pg 303

What laws protect trademarks?

Back 6

Federal and state laws. Federal law is found under Title 15 of the U.S. Code (the Lanham Act).

Front 7

Question 1 - pg 209

What is a tort?

Back 7

A noncontractual civil wrong

Front 8

Question 2 - pg 209

Identify 3 major categories of torts

Back 8

Intentional, Negligence and strict liability

Front 9

Question 3 - pg 209

What is the difference between compensatory damages and punitive damages?

Back 9

Compensatory are compensative paid to the plaintiff. and Punitive damages are meant to punish the defendant

Front 10

Question 4 - pg 209

Distinguish intentional torts from negligence?

Back 10

Intentional tort is willful and meant to cause harm.

Negligence is a failure to act as a reasonable person would in the same situation.

Front 11

Question 5 - pg 209

Explain the following terms:

1. Negligence per se

2. Res ipsa loquitur

3. Respondeat superior

4. Vicarious liability

5. peculiar risk doctrine

6. Loss of consortium

Back 11

1. Negligence that is presumed because the tortfeasor has violated a statute

2. The things speaks for itself. Negligence is implied from the fact that the incident happened.

3. The responsibility of an employer for torts of employees that are committed in the course and scope of employment.

4. Liability for acts of another

5. A doctrine that makes an employer liable for the acts of an independent contractor when the independent contract is engaged in dangerous work

6. WHen a spouse is physically injured and the companionship between spouses is lost.

Front 12

Question 6 - pg 209

What are some defenses to negligence?

Back 12

Contributory negligence, comparative negligence, and assumption of the risk.

Contributory = if the plaintiff was also negligent and contributed to his or her own injuries to any degree.

Comparative = Comparing both sides of negligence to determine who is at fault.

assumption = when people knowingly and voluntarily assume a particular risk cannot sue later on (given consent)

Front 13

Question 7 - pg 209

Explain the types of situations for which there is a strict liability in tort.

Back 13

Maintaining a dangerous animal, Engaging in an abnormally dangerous activity, manufacturing or distrusting a defective product.

Strict liability is not based on fault, but rather on public policy.