Question 1

Which of the following statements is incorrect with respect to personal property that becomes attached to real property?

Accepted Answer

A)  When such tangible personal property becomes attached, it becomes part of the real property. 
B)  When such tangible personal property becomes attached to the real property, it is unlawful to remove it under any circumstances. 
C)  The owner of real property has the right to detach a fixture if he so desires. 
D)  When a tenant attaches tangible personal property to the real property he has rented in order to use it in his trade or profession, those trade fixtures can be removed when he leaves. 
E)  When a person renting a home attaches a mirror to the wall to better use it, he can take that mirror with him when he leaves, providing no damage is done by removing it. 
A)  When such tangible personal property becomes attached, it becomes part of the real property. 
B)  When such tangible personal property becomes attached to the real property, it is unlawful to remove it under any circumstances. 
C)  The owner of real property has the right to detach a fixture if he so desires. 
D)  When a tenant attaches tangible personal property to the real property he has rented in order to use it in his trade or profession, those trade fixtures can be removed when he leaves. 
E)  When a person renting a home attaches a mirror to the wall to better use it, he can take that mirror with him when he leaves, providing no damage is done by removing it.

Question 2

As part of his preparation for a debate on whether the Criminal Code should be amended to include a crime for the unauthorized use of computer programs,Joe photocopied a short essay on the topic to study at home.The essay proved to be an excellent argument for his side- namely,that such a crime should be created.Although some of the other articles advanced different arguments he could use,Joe was short of time and just turned in the essay as his own and later used its ideas in the debate.Which of the following is true?

Accepted Answer

A)  The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
B)  Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. 
C)  There would be an infringement of copyright when Joe used the essay as his own work. 
D)  Joe cannot use the essay in any way without infringing copyright. 
E)  There can be no infringement of copyright by a student. 
A)  The first time Joe copied the essay was clearly an infringement of copyright; there is no defence available to him. 
B)  Using the essay's arguments in the debate is an infringement of copyright even though they would be expressed in Joe's own words. 
C)  There would be an infringement of copyright when Joe used the essay as his own work. 
D)  Joe cannot use the essay in any way without infringing copyright. 
E)  There can be no infringement of copyright by a student.

Question 3

Which of the following correctly matches the term to its definition?

Accepted Answer

A)  Enhanced injunction- monetary compensation to the the victim 
B)  Damages-court order that profits made from wrongdoing be paid over to the victim 
C)  Permanent injunction-court order prohibiting offending conduct 
D)  Statutory damages- damages in excess of the plaintiff's actual losses intended to punish 
E)  Punitive damages- court order to refrain from future infringements 
A)  Enhanced injunction- monetary compensation to the the victim 
B)  Damages-court order that profits made from wrongdoing be paid over to the victim 
C)  Permanent injunction-court order prohibiting offending conduct 
D)  Statutory damages- damages in excess of the plaintiff's actual losses intended to punish 
E)  Punitive damages- court order to refrain from future infringements

Question 4

Which of the following is essential for a work to have copyright protection?

Accepted Answer

A)  The idea on which the work is based must be original. 
B)  The subject matter of the work must only fall into either musical or artistic categories. 
C)  The expression of the idea must be an original product of the author's own skill. 
D)  The expression of the idea will generally be sufficient. 
E)  The creator of the work must register his/her work in Canada. 
A)  The idea on which the work is based must be original. 
B)  The subject matter of the work must only fall into either musical or artistic categories. 
C)  The expression of the idea must be an original product of the author's own skill. 
D)  The expression of the idea will generally be sufficient. 
E)  The creator of the work must register his/her work in Canada.

Question 5

Does the principle of frustration apply in landlord and tenant relationships?

Accepted Answer

This would vary with the jurisdiction an

Question 6

Explain how trademark protection is obtained.

Accepted Answer

An unregistered trademark is e

Question 7

When a landlord seizes property left by the tenant and holds it until the rent is paid,or sells it to pay rent owing,this is referred to as

Accepted Answer

A)  relief against forfeiture. 
B)  tenancy at sufferance. 
C)  distress. 
D)  an order nisi. 
E)  an order absolute. 
A)  relief against forfeiture. 
B)  tenancy at sufferance. 
C)  distress. 
D)  an order nisi. 
E)  an order absolute.

Question 8

Which of the following is true with regard to the law of trade secrets/breach of confidence?

Accepted Answer

A)  Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
B)  Trade secret law is governed by a provincial statute. 
C)  While an employee is prohibited from disclosing confidential information he has learned on the job, he can use the general skills he has acquired on that job when he changes employment. 
D)  The court cannot award punitive damages, just compensatory damages, for breach of confidence. 
E)  The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting, e.g., stealing a company's customer list, plans, etc. 
A)  Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
B)  Trade secret law is governed by a provincial statute. 
C)  While an employee is prohibited from disclosing confidential information he has learned on the job, he can use the general skills he has acquired on that job when he changes employment. 
D)  The court cannot award punitive damages, just compensatory damages, for breach of confidence. 
E)  The protection afforded by this area of the law is limited to breaches of confidence only in a commercial setting, e.g., stealing a company's customer list, plans, etc.

Question 9

Which of the following describes involuntary bailment?

Accepted Answer

A)  Someone is forced to provide bail. 
B)  Goods have been left without permission. 
C)  The borrower refuses to return goods. 
D)  The bailor sells the goods to compensate for storage costs. 
E)  The bailee refuses to claim the stored goods. 
A)  Someone is forced to provide bail. 
B)  Goods have been left without permission. 
C)  The borrower refuses to return goods. 
D)  The bailor sells the goods to compensate for storage costs. 
E)  The bailee refuses to claim the stored goods.

Question 10

Pete is an accountant and Judy works in a bank,but every evening of last year they worked to create a clever computer game.When they approached a publisher,they had no difficulty in gaining the interest of the publisher.Pete and Judy hired a lawyer to draft a licence agreement in which they would give the publisher exclusive rights to sell the game in North America for royalties based on gross sales.When the game was published,the advertising was rather vulgar but acceptable to Pete and Judy.They learned,however,that there was a further revision-the villain had been changed and clearly represented a world leader of an Asian country.Pete and Judy were embarrassed and outraged.Given these facts,which of the following is true?

Accepted Answer

A)  They have no cause of action because once there has been an assignment of rights, the creators would not have their name on the product and thus no right to sue. 
B)  They have a cause of action even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation. 
C)  They would have a cause of action only if the contract provided that there should be no alterations without their consent. Such a change would then be a breach of contract. 
D)  There is no protection here; a game is not something that can be copyrighted. 
E)  They have no protection here since they failed to register their copyright in the game. 
A)  They have no cause of action because once there has been an assignment of rights, the creators would not have their name on the product and thus no right to sue. 
B)  They have a cause of action even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation. 
C)  They would have a cause of action only if the contract provided that there should be no alterations without their consent. Such a change would then be a breach of contract. 
D)  There is no protection here; a game is not something that can be copyrighted. 
E)  They have no protection here since they failed to register their copyright in the game.

Question 11

Explain the rights of a remainderman in a life estate.

Accepted Answer

When a life estate is granted

Question 12

Explain what rights a copyright holder has in relationship to the work.

Accepted Answer

The right to control it and pr

Question 13

What protection is given under trademark legislation?

Accepted Answer

It prevents others from using

Question 14

What does it mean to say that works are in the "public domain"?

Accepted Answer

This refers to a cat

Question 15

A gratuitous bailment can occur when someone borrows an item from a neighbour.

Accepted Answer

A) True 
 B)False

Question 16

Indicate the extent of ownership above and below a piece of land.

Accepted Answer

You own above and below as muc

Question 17

Distinguish between a trademark action and a passing-off action.

Accepted Answer

Even where there is no registered tradem

Question 18

When a Court orders that any profits made from wrongdoing be paid over to the victim,this is known as

Accepted Answer

A)  statutory damages. 
B)  punitive damages. 
C)  an accounting. 
D)  compensatory damages. 
E)  an injunction. 
A)  statutory damages. 
B)  punitive damages. 
C)  an accounting. 
D)  compensatory damages. 
E)  an injunction.

Question 19

How long is protection given under the Copyright Act?

Accepted Answer

The life o

Question 20

A joint tenancy can be changed to a tenancy in common in a will.

Accepted Answer

A) True 
 B)False

Which of the following statements is incorrect with respect to personal property that becomes attached to real property?

Which of the following correctly matches the term to its definition?

Which of the following is essential for a work to have copyright protection?

Does the principle of frustration apply in landlord and tenant relationships?

Explain how trademark protection is obtained.

When a landlord seizes property left by the tenant and holds it until the rent is paid,or sells it to pay rent owing,this is referred to as

Which of the following is true with regard to the law of trade secrets/breach of confidence?

Which of the following describes involuntary bailment?

Explain the rights of a remainderman in a life estate.

Explain what rights a copyright holder has in relationship to the work.

What protection is given under trademark legislation?

What does it mean to say that works are in the "public domain"?

A gratuitous bailment can occur when someone borrows an item from a neighbour.

Indicate the extent of ownership above and below a piece of land.

Distinguish between a trademark action and a passing-off action.

When a Court orders that any profits made from wrongdoing be paid over to the victim,this is known as

How long is protection given under the Copyright Act?

A joint tenancy can be changed to a tenancy in common in a will.

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

Which of the following statements is incorrect with respect to personal property that becomes attached to real property?

Which of the following correctly matches the term to its definition?

Which of the following is essential for a work to have copyright protection?

Does the principle of frustration apply in landlord and tenant relationships?

Explain how trademark protection is obtained.

When a landlord seizes property left by the tenant and holds it until the rent is paid,or sells it to pay rent owing,this is referred to as

Which of the following is true with regard to the law of trade secrets/breach of confidence?

Which of the following describes involuntary bailment?

Explain the rights of a remainderman in a life estate.

Explain what rights a copyright holder has in relationship to the work.

What protection is given under trademark legislation?

What does it mean to say that works are in the "public domain"?

A gratuitous bailment can occur when someone borrows an item from a neighbour.

Indicate the extent of ownership above and below a piece of land.

Distinguish between a trademark action and a passing-off action.

When a Court orders that any profits made from wrongdoing be paid over to the victim,this is known as

How long is protection given under the Copyright Act?

A joint tenancy can be changed to a tenancy in common in a will.

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