Question 1

In which of the following does a person have a true lease?

Accepted Answer

A)  When a person contracts for a room in a boarding house for one month. 
B)  When a person's one-year lease has expired and he has paid no further rent, but remains on the premises contrary to the wishes of the lessor. 
C)  When he has contracted for a warehouse for a two-week period commencing June 1, 2001. 
D)  When he has been given permission to sleep on a cot in the dark room used at the photography shop where he works. 
E)  When he spends the night in an inn. 
A)  When a person contracts for a room in a boarding house for one month. 
B)  When a person's one-year lease has expired and he has paid no further rent, but remains on the premises contrary to the wishes of the lessor. 
C)  When he has contracted for a warehouse for a two-week period commencing June 1, 2001. 
D)  When he has been given permission to sleep on a cot in the dark room used at the photography shop where he works. 
E)  When he spends the night in an inn.

Question 2

Explain the nature of "fair dealing."

Accepted Answer

This refers to the use of copy

Question 3

Aunt Juliet wants to know whether or not to register her trademark.Which of the following is true with regard to registration of trademarks?

Accepted Answer

A)  Registration of the trademark would give her exclusive use of that mark nationwide even though she was not marketing her wares nationwide. 
B)  If she does not register her trademark under the Trademark Act, she will have no legal protection of her mark. 
C)  Trademarks can only consist of socially acceptable symbols or logos. Words and expressions must seek copyright protection. 
D)  Registration gives her the right to use her mark for her life plus fifty years. 
E)  A registered trademark is required for a passing-off action. 
A)  Registration of the trademark would give her exclusive use of that mark nationwide even though she was not marketing her wares nationwide. 
B)  If she does not register her trademark under the Trademark Act, she will have no legal protection of her mark. 
C)  Trademarks can only consist of socially acceptable symbols or logos. Words and expressions must seek copyright protection. 
D)  Registration gives her the right to use her mark for her life plus fifty years. 
E)  A registered trademark is required for a passing-off action.

Question 4

In Spycher Estate v.J.L.Coulter Ltd.,a mobile home was damaged while being transported by a hired trucking company.What did the Court of Appeal find?

Accepted Answer

A)  The defendant was a bailee for hire and therefore liable for any damage, unless he could show he was not negligent or had contracted out of his negligence. 
B)  The defendant was a gratuitous bailee, and therefore not liable for any damage. 
C)  The defendant was an involuntary bailee, and therefore automatically liable for any damage caused. 
D)  The defendant was a bailee, but not liable for any damage to goods occurring while in his possession, because this was not clearly specified in a written agreement. 
E)  The defendant was a bailee, but was exempt from liability on the basis of relief against forfeiture. 
A)  The defendant was a bailee for hire and therefore liable for any damage, unless he could show he was not negligent or had contracted out of his negligence. 
B)  The defendant was a gratuitous bailee, and therefore not liable for any damage. 
C)  The defendant was an involuntary bailee, and therefore automatically liable for any damage caused. 
D)  The defendant was a bailee, but not liable for any damage to goods occurring while in his possession, because this was not clearly specified in a written agreement. 
E)  The defendant was a bailee, but was exempt from liability on the basis of relief against forfeiture.

Question 5

Joe worked for Harry's Fine Toys for a period of six years.In September,he left Harry's Fine Toys and went to Sam's Toy Shop,a competitor,and disclosed Harry's Christmas line.What could Harry do under these circumstances?

Accepted Answer

In the process of disclosing t

Question 6

Explain what is meant by "moral rights" under copyright law.

Accepted Answer

If the author of the work assigns that c

Question 7

If someone stores goods on your property without permission,and you exercise no control over those goods,there is no duty to take care of them.

Accepted Answer

A) True 
 B)False

Question 8

When one person leaves tangible personal property with another to look after,the resulting relationship is called

Accepted Answer

A)  a chattel. 
B)  a bailment. 
C)  a fiduciary relationship. 
D)  a choose in action. 
E)  a fixture. 
A)  a chattel. 
B)  a bailment. 
C)  a fiduciary relationship. 
D)  a choose in action. 
E)  a fixture.

Question 9

Indicate three things that cannot be patented.

Accepted Answer

theories,obvious improvements,

Question 10

Which of the following statements is correct with respect to the person who is entitled to found property?

Accepted Answer

A)  When a person finds valuable property, he must turn it over to the police, and if the rightful owner is not found, the property goes to the government. 
B)  When a person finds a valuable watch in a public place, he is entitled to that property over everyone else including the rightful owner. 
C)  When a person finds a valuable watch in a public place, he is entitled to that property over everyone else except the rightful owner. 
D)  When an employee finds an item of lost property on the premises of his employer, he is entitled to that lost property if the rightful owner cannot be found. 
E)  You only have a claim to personal property you find if it is a chose in action. 
A)  When a person finds valuable property, he must turn it over to the police, and if the rightful owner is not found, the property goes to the government. 
B)  When a person finds a valuable watch in a public place, he is entitled to that property over everyone else including the rightful owner. 
C)  When a person finds a valuable watch in a public place, he is entitled to that property over everyone else except the rightful owner. 
D)  When an employee finds an item of lost property on the premises of his employer, he is entitled to that lost property if the rightful owner cannot be found. 
E)  You only have a claim to personal property you find if it is a chose in action.

Question 11

Explain what right is conveyed by an easement.

Accepted Answer

This gives the right to a pers

Question 12

Maureen,who frequently developed gadgets,had an idea for a machine that could feed her animals (cats,dogs,rabbits,and fish)while she was away on vacation for a week.She was very sure of the idea and began discussions with a manufacturer.Unfortunately,after it was concluded that he could make the machine,they could not agree on his proper compensation and they broke off negotiations.Shortly afterwards,this manufacturer,Easylife Ltd.,began to manufacturer "the animal feeder" based on her idea.Given these facts,which of the following is true?

Accepted Answer

A)  The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit. 
B)  The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law. 
C)  The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment. 
D)  Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information. 
E)  Maureen has no action against the manufacturer because she had not patented her invention. 
A)  The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit. 
B)  The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law. 
C)  The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment. 
D)  Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information. 
E)  Maureen has no action against the manufacturer because she had not patented her invention.

Question 13

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

Accepted Answer

A) True 
 B)False

Question 14

Lodown Ltd.,a company created by Mr.Day,became very successful over its 10-year history.The company was run by Day,as president,and three vice-presidents (Martin,Mull,and Rand)who made up the executive board.At their last meeting,Mr.Day announced that he had confidential information to share with them-namely,that his wife was terminally ill,that he was withdrawing from active management for an indefinite period of time,and that he would transfer his responsibilities to Martin.Rand repeated this information to others,and by so doing,caused the company to lose a lucrative contract being negotiated and caused Day personal embarrassment and monetary loss in his personal affairs.Given these facts,which of the following is true?

Accepted Answer

A)  Rand owes no fiduciary duty to the company as an officer of the company. 
B)  A non-disclosure provision is required; Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action. 
C)  In law, there can be an no action against Rand because the information he repeated was not a trade secret. 
D)  The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company. 
E)  Rand cannot be sued since the information disclosed was personal and did not deal directly with the business. 
A)  Rand owes no fiduciary duty to the company as an officer of the company. 
B)  A non-disclosure provision is required; Day simply putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action. 
C)  In law, there can be an no action against Rand because the information he repeated was not a trade secret. 
D)  The company would have an action against Rand because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company. 
E)  Rand cannot be sued since the information disclosed was personal and did not deal directly with the business.

Question 15

Distinguish between a bailment for value and a gratuitous bailment.

Accepted Answer

Bailment for value involves some sort of

Question 16

"Moral rights" means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

Accepted Answer

A) True 
 B)False

Question 17

What kinds of things are protected as industrial designs?

Accepted Answer

A design or pattern

Question 18

If a person wanted to build a log cabin in a new subdivision what might prevent him from doing it?

Accepted Answer

A)  prescription 
B)  easement 
C)  restrictive covenant 
D)  strata regulations 
E)  federal statute 
A)  prescription 
B)  easement 
C)  restrictive covenant 
D)  strata regulations 
E)  federal statute

Question 19

Which of the following is one of the implied rights of a lessee of a commercial tenancy?

Accepted Answer

A)  That the lessee will deliver vacant possession to the new tenant at the time they agreed the lease period would start. 
B)  That the lessee can use and enjoy the premises for all usual purposes without physical interference from the lessor. 
C)  That the lessor will repair unfurnished premises. 
D)  That the lessor is assured against the interference by a third party. 
E)  That the lessee will give the lessor possession. 
A)  That the lessee will deliver vacant possession to the new tenant at the time they agreed the lease period would start. 
B)  That the lessee can use and enjoy the premises for all usual purposes without physical interference from the lessor. 
C)  That the lessor will repair unfurnished premises. 
D)  That the lessor is assured against the interference by a third party. 
E)  That the lessee will give the lessor possession.

Question 20

A person can obtain copyright protection only when the idea upon which the work is based is original.

Accepted Answer

A) True 
 B)False

In which of the following does a person have a true lease?

Explain the nature of "fair dealing."

Aunt Juliet wants to know whether or not to register her trademark.Which of the following is true with regard to registration of trademarks?

In Spycher Estate v.J.L.Coulter Ltd.,a mobile home was damaged while being transported by a hired trucking company.What did the Court of Appeal find?

Joe worked for Harry's Fine Toys for a period of six years.In September,he left Harry's Fine Toys and went to Sam's Toy Shop,a competitor,and disclosed Harry's Christmas line.What could Harry do under these circumstances?

Explain what is meant by "moral rights" under copyright law.

If someone stores goods on your property without permission,and you exercise no control over those goods,there is no duty to take care of them.

When one person leaves tangible personal property with another to look after,the resulting relationship is called

Indicate three things that cannot be patented.

Which of the following statements is correct with respect to the person who is entitled to found property?

Explain what right is conveyed by an easement.

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

Distinguish between a bailment for value and a gratuitous bailment.

"Moral rights" means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

What kinds of things are protected as industrial designs?

If a person wanted to build a log cabin in a new subdivision what might prevent him from doing it?

Which of the following is one of the implied rights of a lessee of a commercial tenancy?

A person can obtain copyright protection only when the idea upon which the work is based is original.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 13: Real, Personal, and Intellectual Property

In which of the following does a person have a true lease?

Explain the nature of "fair dealing."

Aunt Juliet wants to know whether or not to register her trademark.Which of the following is true with regard to registration of trademarks?

In Spycher Estate v.J.L.Coulter Ltd.,a mobile home was damaged while being transported by a hired trucking company.What did the Court of Appeal find?

Joe worked for Harry's Fine Toys for a period of six years.In September,he left Harry's Fine Toys and went to Sam's Toy Shop,a competitor,and disclosed Harry's Christmas line.What could Harry do under these circumstances?

Explain what is meant by "moral rights" under copyright law.

If someone stores goods on your property without permission,and you exercise no control over those goods,there is no duty to take care of them.

When one person leaves tangible personal property with another to look after,the resulting relationship is called

Indicate three things that cannot be patented.

Which of the following statements is correct with respect to the person who is entitled to found property?

Explain what right is conveyed by an easement.

A person who develops a new computer program can obtain copyright protection even though that program is only loaded onto the computer as software.

Distinguish between a bailment for value and a gratuitous bailment.

"Moral rights" means that the creator has the right not to have the work changed in such a way as to diminish or degrade it.

What kinds of things are protected as industrial designs?

If a person wanted to build a log cabin in a new subdivision what might prevent him from doing it?

Which of the following is one of the implied rights of a lessee of a commercial tenancy?

A person can obtain copyright protection only when the idea upon which the work is based is original.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters