Question 1

With respect to the land titles system of registering interests in land, which one of the following is true?

Accepted Answer

A)  All the documents concerning an interest in land must be kept in the land title office, and to ensure the state of the title, a potential purchaser is advised to examine the various documents that have accumulated over the years. 
B)  Mortgages, restrictive covenants, building schemes, easements, and even entries under the Builders' Lien Act need not be registered to protect those interests against third-party claims. Registration of such interests is voluntary and won't affect one's interest. 
C)  The system is to safeguard the documents; the government is not guaranteeing title. 
D)  This registration system is the same throughout Canada because the procedure has been set by the federal government to ensure a uniform method of registration. 
E)  When documents concerning an interest in land are filed in the land title office, each document is examined, and if it is in order, the state of title certificate is amended to show the change. 
A)  All the documents concerning an interest in land must be kept in the land title office, and to ensure the state of the title, a potential purchaser is advised to examine the various documents that have accumulated over the years. 
B)  Mortgages, restrictive covenants, building schemes, easements, and even entries under the Builders' Lien Act need not be registered to protect those interests against third-party claims. Registration of such interests is voluntary and won't affect one's interest. 
C)  The system is to safeguard the documents; the government is not guaranteeing title. 
D)  This registration system is the same throughout Canada because the procedure has been set by the federal government to ensure a uniform method of registration. 
E)  When documents concerning an interest in land are filed in the land title office, each document is examined, and if it is in order, the state of title certificate is amended to show the change. E

Question 2

A patent gives the exclusive right to produce, market, and sell a new invention.

Accepted Answer

A) True 
 B)False  True

Question 3

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

Accepted Answer

The 1988 amendment to the Copyright Act specifically states that computer programs are covered by copyright legislation.

Question 4

An estate in the land describes a person's right to the exclusive possession and use of that land.

Accepted Answer

A) True 
 B)False

Question 5

Three students chose to work on a directed study project for Planned Parenthood Association. The project included the creation of a computer program for inventory control. The students went to the library to get a book on the topic. The book was in the reserve section, so the students made three copies of the four relevant pages so that they could study them. They used the ideas from the book and created an original program and a manual. Later, when the students were preparing a report for their presentation, they decided that the pages in the book exactly expressed the theoretical background they needed for the introduction. They copied those four pages and used them as their own for the beginning of their twenty page report. At the presentation, seven copies of the report were made (with the program and manual as appendices). On these facts, which of the following is true?

Accepted Answer

A)  When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright; they have no defence. 
B)  Because the copied pages were a very small part of the whole report, there was no infringement of copyright. 
C)  Although the students have created a program and a manual as a project, they would own the copyright on the program and the manual unless they had agreed otherwise. 
D)  Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. 
E)  Using the ideas from the book was an infringement of copyright. 
A)  When the students made three copies of the few pages of the book for study purposes, that in itself was an infringement of copyright; they have no defence. 
B)  Because the copied pages were a very small part of the whole report, there was no infringement of copyright. 
C)  Although the students have created a program and a manual as a project, they would own the copyright on the program and the manual unless they had agreed otherwise. 
D)  Copying the pages from the book for their report was fair dealing because it was exactly what they wanted to say about the theoretical basis of the report. 
E)  Using the ideas from the book was an infringement of copyright.

Question 6

Which of the following is true with respect to the application of intellectual property law to the Internet?

Accepted Answer

A)  If a user accesses a web site on which a trademark appears, an actionable infringement has taken place. 
B)  The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet. 
C)  In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. 
D)  Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use. 
E)  Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws. 
A)  If a user accesses a web site on which a trademark appears, an actionable infringement has taken place. 
B)  The Napster trial and other high-profile cases have shown the courts remain powerless to stop abuse of intellectual property rights on the Internet. 
C)  In Canada, the design of an integrated circuit embodied in a computer chip is protected by a specific statute created for that purpose. 
D)  Copyright law provides the owner of electronic material with the legal right to prevent unauthorized copying, but does not give the owner any exclusive rights to rent it or otherwise control its use. 
E)  Because of the "wild west" nature of the Internet, web sites have typically been exempt from traditional trademark and copyright laws.

Question 7

What kinds of things are protected as industrial designs?

Accepted Answer

A design or pattern

Question 8

What is the lessor's obligation to ensure "quiet enjoyment"?

Accepted Answer

This is the obligation that th

Question 9

Explain what right is conveyed by an easement.

Accepted Answer

This gives the right to a pers

Question 10

Discuss the various obligations of bailees when looking after the property of others.

Accepted Answer

Bailment takes place when one person has

Question 11

Mable was employed as a waitress at a respectable restaurant in Vancouver. After cleaning up at one of the tables, she noticed a valuable broach on the floor beneath the table. Which of the following is correct with respect to her legal claim to the broach?

Accepted Answer

A)  Although she found the broach in a public part of the restaurant, she must give the broach to her employer, who has the right to keep it if the rightful owner is not found. 
B)  She has no claim to the broach no matter where she found it. 
C)  As the finder of the broach, she is entitled to it. She has a prior claim against all but the rightful owner of the broach. 
D)  Because of the principle of "finders keepers," she gets to keep the broach even against the original owners who lost it. 
E)  She must hand it to the police, and if the rightful owner does not come forward, the broach becomes the property of the government. 
A)  Although she found the broach in a public part of the restaurant, she must give the broach to her employer, who has the right to keep it if the rightful owner is not found. 
B)  She has no claim to the broach no matter where she found it. 
C)  As the finder of the broach, she is entitled to it. She has a prior claim against all but the rightful owner of the broach. 
D)  Because of the principle of "finders keepers," she gets to keep the broach even against the original owners who lost it. 
E)  She must hand it to the police, and if the rightful owner does not come forward, the broach becomes the property of the government.

Question 12

Which of the following is correct with respect to trade secrets?

Accepted Answer

A)  The employee need not be informed that the information is confidential. 
B)  Personal information cannot be a trade secret, even if it affects the business. 
C)  The information must be fully disclosed under the provincial Trade Secrets Act. 
D)  There is no duty not to disclose trade secrets, unless specified in contract. 
E)  Trade secrets include such things as formulas, patterns, recipes. 
A)  The employee need not be informed that the information is confidential. 
B)  Personal information cannot be a trade secret, even if it affects the business. 
C)  The information must be fully disclosed under the provincial Trade Secrets Act. 
D)  There is no duty not to disclose trade secrets, unless specified in contract. 
E)  Trade secrets include such things as formulas, patterns, recipes.

Question 13

Indicate what is meant by real property.

Accepted Answer

Real property includ

Question 14

An arrangement allowing a court to make a decision based on affidavit evidence is known as ________.

Accepted Answer

The answer of An arrangement allowing a court to make...

Question 15

Which of the following is true with regard to our Canadian Copyright Act?

Accepted Answer

A)  The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. 
B)  The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation, name of creator. 
C)  The statute expressly provides that computer programs are not copyrightable. 
D)  Copyright is protected both by statute and in common law. 
E)  The statute is a provincial statute with each province having its own unique statutes. 
A)  The statute provides that the employer owns copyright in a work created by the employee in the course of his employment, in the absence of any agreement to the contrary. 
B)  The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c) year of creation, name of creator. 
C)  The statute expressly provides that computer programs are not copyrightable. 
D)  Copyright is protected both by statute and in common law. 
E)  The statute is a provincial statute with each province having its own unique statutes.

Question 16

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Accepted Answer

When one business persuades an

Question 17

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 change -- the villain had been changed and clearly represented a world leader of an Asian country. Pete and Judy were embarrassed and outraged. On these facts, which of the following is true?

Accepted Answer

A)  They have a cause of action even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation. 
B)  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. 
C)  There is not protection here; a game is not something that can be copyrighted. 
D)  They have no protection here since they failed to register their copyright in the game. 
E)  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. 
A)  They have a cause of action even though there has been a partial assignment, if the modification is prejudicial to their honour or reputation. 
B)  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. 
C)  There is not protection here; a game is not something that can be copyrighted. 
D)  They have no protection here since they failed to register their copyright in the game. 
E)  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.

Question 18

Explain how the remedy of an accounting works when there has been a violation of copyright.

Accepted Answer

The offender is required to re

Question 19

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

Accepted Answer

A)  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. 
B)  The court cannot award punitive damages, just compensatory damages, for breach of confidence. 
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)  Trade secret law is governed by a provincial statute. 
E)  Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law. 
A)  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. 
B)  The court cannot award punitive damages, just compensatory damages, for breach of confidence. 
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)  Trade secret law is governed by a provincial statute. 
E)  Computer software is not a proper subject matter for trade secret/breach of confidential protection because it can be protected by copyright law.

Question 20

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

Accepted Answer

This refers to a cat

With respect to the land titles system of registering interests in land, which one of the following is true?

A patent gives the exclusive right to produce, market, and sell a new invention.

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

An estate in the land describes a person's right to the exclusive possession and use of that land.

Which of the following is true with respect to the application of intellectual property law to the Internet?

What kinds of things are protected as industrial designs?

What is the lessor's obligation to ensure "quiet enjoyment"?

Explain what right is conveyed by an easement.

Discuss the various obligations of bailees when looking after the property of others.

Mable was employed as a waitress at a respectable restaurant in Vancouver. After cleaning up at one of the tables, she noticed a valuable broach on the floor beneath the table. Which of the following is correct with respect to her legal claim to the broach?

Which of the following is correct with respect to trade secrets?

Indicate what is meant by real property.

An arrangement allowing a court to make a decision based on affidavit evidence is known as ________.

Which of the following is true with regard to our Canadian Copyright Act?

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Explain how the remedy of an accounting works when there has been a violation of copyright.

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

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

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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

With respect to the land titles system of registering interests in land, which one of the following is true?

A patent gives the exclusive right to produce, market, and sell a new invention.

The courts have had difficulty deciding whether computer programs are covered by copyright legislation or not. Discuss how this has been resolved.

An estate in the land describes a person's right to the exclusive possession and use of that land.

Which of the following is true with respect to the application of intellectual property law to the Internet?

What kinds of things are protected as industrial designs?

What is the lessor's obligation to ensure "quiet enjoyment"?

Explain what right is conveyed by an easement.

Discuss the various obligations of bailees when looking after the property of others.

Mable was employed as a waitress at a respectable restaurant in Vancouver. After cleaning up at one of the tables, she noticed a valuable broach on the floor beneath the table. Which of the following is correct with respect to her legal claim to the broach?

Which of the following is correct with respect to trade secrets?

Indicate what is meant by real property.

An arrangement allowing a court to make a decision based on affidavit evidence is known as ________.

Which of the following is true with regard to our Canadian Copyright Act?

Explain under what circumstances a tort action of inducing a breach of contract can be brought.

Explain how the remedy of an accounting works when there has been a violation of copyright.

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

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

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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