M 476 Midterm

subject Type Homework Help
subject Pages 4
subject Words 594
subject Authors David P. Twomey, Marianne M. Jennings

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To be patentable, an invention must be new and not obvious to a person of ordinary
knowledge and skill in the art or technology to which the invention is related.
Private citizens lack the authority to have polluting activities halted through the use of
injunctions.
Fred and Mary were married. Fred had executed a will prior to the marriage that left all
of his property, both real and personal, to his mother. Fred later died without changing
his will. Mary feels that she should be entitled to some of Fred's estate. While waiting
for Fred's estate to be finalized, Mary remarries. Mary's second husband executes a will
providing for Mary. Later, after Mary and her husband adopt two children, her second
husband dies. Mary feels that her children should be entitled to receive something from
her second husband's estate. Is Mary and, later, are her adopted children entitled to
receive something under the wills?
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"Conglomerate" describes the relationship of equal companies engaged in similar fields
of business activity.
Ordinarily, a seller's opinion about the good(s) cannot be treated as a warranty.
The first federal legislation that dealt with air pollution was the Air Pollution Control
Act of 1955, which was simply a statutory recognition of a concern about air quality.
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When an agreement is illegal, parties are usually not entitled to help from the courts.
Tucker and Hankey were adjoining property owners. Tucker claimed that the fence
separating their properties was not located properly and that it should be moved back
onto Hankey's land. Hankey claimed that he owned the strip between the fence and the
alleged boundary line by adverse possession. He proved that for forty (40) years there
had been on the strip in question a barn with a cement floor, which had been built by the
person from whom he purchased his land, and that he had been told by the former
owner that the fence was the boundary line. The fence consisted of five-foot-high
barbed wire set in cement. Did Hankey own the strip by adverse possession?
Personal property generally becomes a fixture if it is so attached to the realty that it
cannot be removed without materially damaging the realty.
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Criminal penalties are possible under the Sherman Act.

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