Question 1

A distinction between real property and personal property is that one cannot be moved while the other can.

Accepted Answer

A) True 
 B)False

Question 2

With regard to interests in land, which one of the following statements is true?

Accepted Answer

A)  If the fee simple is conveyed to "Mr. Bill and Mr. Phaster" without indicating the nature of their co-ownership, they take the land as joint tenants. 
B)  The interest in land referred to as the "life estate" is not outright ownership but is the greatest "bundle" of rights in relation to that land that the owner can have. 
C)  If a joint tenant severs the joint tenancy, he can then will his interest in the land to whomever he chooses, and on his death the person named will take his interest. 
D)  A joint tenant can sever the joint tenancy by bequeathing his interest in a will the property to a third person. 
E)  An easement in land is characterized by giving the owner of the estate exclusive possession of that property for some time. 
A)  If the fee simple is conveyed to "Mr. Bill and Mr. Phaster" without indicating the nature of their co-ownership, they take the land as joint tenants. 
B)  The interest in land referred to as the "life estate" is not outright ownership but is the greatest "bundle" of rights in relation to that land that the owner can have. 
C)  If a joint tenant severs the joint tenancy, he can then will his interest in the land to whomever he chooses, and on his death the person named will take his interest. 
D)  A joint tenant can sever the joint tenancy by bequeathing his interest in a will the property to a third person. 
E)  An easement in land is characterized by giving the owner of the estate exclusive possession of that property for some time.

Question 3

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

Accepted Answer

A)  If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against him. 
B)  Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark. 
C)  Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant was the same as his mark. 
D)  Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public. 
E)  The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares. 
A)  If a person forges a trademark, that person can be sued by the owner of the trademark for infringement in a civil action, but there cannot be any criminal charges laid against him. 
B)  Once a trademark is registered, the owner of the trademark cannot lose the right to use that mark. 
C)  Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant was the same as his mark. 
D)  Before a trademark owner can sue successfully for an infringement, he must prove that the mark used by the defendant actually did confuse members of the public. 
E)  The owner of a trademark can sue someone who forges his trademark, and can ask the court for an injunction, an accounting of profits, and custody of the offending wares.

Question 4

In Shun Cheong Holdings B.C. Ltd. v. Gold Ocean City Supermarket Ltd., premises were leased for use as a grocery store. Seepage of a "smelly greasy fluid" interfered with the operation of the store. When the lease was abandoned, the issue was whether the landlord could bring an action against the tenant for
Breach of the lease. What did the Court find?

Accepted Answer

A)  There had been a breach of the tenant's fundamental right of quiet enjoyment and the abandonment was justified. 
B)  The presence of the fluid breached the tenant's right of vacant possession, so damages were payable. 
C)  Because the premises were leased for a commercial purpose, not a residential one, the landlord had no obligations. 
D)  The tenant's obligation to pay supercedes any obligation on the part of the landlord, so the tenant was liable. 
E)  Because of the frustration endured by the tenant, a tenancy at sufferance was established. 
A)  There had been a breach of the tenant's fundamental right of quiet enjoyment and the abandonment was justified. 
B)  The presence of the fluid breached the tenant's right of vacant possession, so damages were payable. 
C)  Because the premises were leased for a commercial purpose, not a residential one, the landlord had no obligations. 
D)  The tenant's obligation to pay supercedes any obligation on the part of the landlord, so the tenant was liable. 
E)  Because of the frustration endured by the tenant, a tenancy at sufferance was established.

Question 5

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

Accepted Answer

A)  The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. 
B)  Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. 
C)  Yung cannot get a patent for his improvement because it is not entirely new or novel. 
D)  Yung could get a patent for his improvement, and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. 
E)  Both Yung's improvement and the original machine lose their patent protection. 
A)  The patent holder of the original machine has the right to make, sell, or use the improvement because his machine is the basis of the improvement. 
B)  Yung could get a patent for his improvement, but has no right to make, sell, or use the original machine. 
C)  Yung cannot get a patent for his improvement because it is not entirely new or novel. 
D)  Yung could get a patent for his improvement, and would thereby get an independent right to make, sell, or use his machine with the original machine incorporated into it. 
E)  Both Yung's improvement and the original machine lose their patent protection.

Question 6

A periodic tenancy means

Accepted Answer

A)  a lease in which the parties agree to no set termination date but to the rental period being automatically renewed. 
B)  a tenancy created when an owner of property allows a purchaser to take possession before title transfers to him. 
C)  a term lease. 
D)  a lease granting the lessee exclusive possession for one year. 
E)  a lease created when a tenant is over-holding after the termination date of his lease without the landlord's permission. 
A)  a lease in which the parties agree to no set termination date but to the rental period being automatically renewed. 
B)  a tenancy created when an owner of property allows a purchaser to take possession before title transfers to him. 
C)  a term lease. 
D)  a lease granting the lessee exclusive possession for one year. 
E)  a lease created when a tenant is over-holding after the termination date of his lease without the landlord's permission.

Question 7

What period of protection is granted under industrial design legislation?

Accepted Answer

The answer of What period of protection is granted under...

Question 8

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

Question 9

Explain what is meant by chose in action.

Accepted Answer

A chose in action is a form of

Question 10

Indicate the kinds of things that are covered by trademark legislation.

Accepted Answer

Terms, symbols, design, or a c

Question 11

Explain how a patent is obtained.

Accepted Answer

A patent must be app

Question 12

Indicate three things that cannot be patented.

Accepted Answer

Theories, obvious improvements

Question 13

Explain what is meant by a person obtaining a right of way by prescription.

Accepted Answer

If a person is allowed to go across land

Question 14

"When a tenant has signed a two-year lease and then for some reason finds himself in the position where he has to leave, the landlord has an obligation to try to rent out the premises to someone else." Explain the accuracy of that statement.

Accepted Answer

Except where otherwise created by statut

Question 15

The mere possibility of confusion is sufficient to block a trade-mark application.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A)  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. 
B)  When such tangible personal property becomes attached, it becomes part of the real property. 
C)  The owner of real property has the right to detach a fixture if he so desires. 
D)  When such tangible personal property becomes attached to the real property, it is unlawful to remove it under any circumstances. 
E)  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. 
A)  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. 
B)  When such tangible personal property becomes attached, it becomes part of the real property. 
C)  The owner of real property has the right to detach a fixture if he so desires. 
D)  When such tangible personal property becomes attached to the real property, it is unlawful to remove it under any circumstances. 
E)  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.

Question 17

Which of the following is false with regard to the copyright law in Canada?

Accepted Answer

A)  Not everyone can receive copyright protection in Canada for his or her work created elsewhere. 
B)  Generally, the term of copyright is the life of the author plus fifty years. 
C)  Registration of copyright is restricted to published works. 
D)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
E)  A Canadian author automatically acquires copyright upon the creation of her book, if she wasn't employed to write it. 
A)  Not everyone can receive copyright protection in Canada for his or her work created elsewhere. 
B)  Generally, the term of copyright is the life of the author plus fifty years. 
C)  Registration of copyright is restricted to published works. 
D)  Copyright law is governed by the Copyright Act, but an author need not register under the statute to acquire copyright. 
E)  A Canadian author automatically acquires copyright upon the creation of her book, if she wasn't employed to write it.

Question 18

In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

Accepted Answer

A) True 
 B)False

Question 19

Computer students who watched their teachers go out on strike were amazed when they heard about the difficult logistics required in such an operation. Two students spent two nights and two days developing a program for organizing a strike and picket line. It included such variables as legal requirements, number of sites, number of picketers, communications network, shifts, media contacts, etc. The students called their program "Picket Program." The students took their package -- program and manual -- to a computer developer/publisher, Mr. Lacs, to discuss the feasibility of marketing the program. Lacs said it was feasible. However, negotiations, which had lasted over a two week period, broke down when Lacs rejected the students' terms in their licensing agreement. Three months later, the students learned that Lacs developed and published a program called "Picketers' Path" based on their ideas, with a manual that they recognized as theirs. On these facts, which of the following is true?

Accepted Answer

A)  The students' manual was not protected by copyright, because they had not yet applied for protection under the Copyright Act. 
B)  The students cannot protect the computer program under the law of trade secrets because all the information it contained could be obtained by others, e.g., the law from the library, the necessities of picketers from observation or unions, etc. 
C)  With regard to the computer program, Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law. 
D)  The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information. 
E)  Because there was no non-disclosure agreement signed by Lacs, he cannot be sued for misuse of a trade secret. 
A)  The students' manual was not protected by copyright, because they had not yet applied for protection under the Copyright Act. 
B)  The students cannot protect the computer program under the law of trade secrets because all the information it contained could be obtained by others, e.g., the law from the library, the necessities of picketers from observation or unions, etc. 
C)  With regard to the computer program, Lacs could not be sued for misuse of a trade secret because the students only told him their idea and ideas cannot be protected by trade secret law. 
D)  The students could sue for breach of trade secret law if they can show it was apparent in the circumstances that Lacs was being trusted with confidential information. 
E)  Because there was no non-disclosure agreement signed by Lacs, he cannot be sued for misuse of a trade secret.

Question 20

Jane asked her friend Harry to look after her very valuable Stradivarius violin while she was away on vacation. Which one of the following statements is correct with respect to the legal relationship created?

Accepted Answer

A)  This is an example of a gratuitous bailment for the benefit of the bailee. 
B)  Because he is doing his friend a favour, Harry has no legal duty to be careful of the violin. 
C)  This is an example of a gratuitous bailment for the benefit of the bailor only. 
D)  This is an example of an involuntary bailment. 
E)  Because the violin is a Stradivarius, this is an example of a bailment for value. 
A)  This is an example of a gratuitous bailment for the benefit of the bailee. 
B)  Because he is doing his friend a favour, Harry has no legal duty to be careful of the violin. 
C)  This is an example of a gratuitous bailment for the benefit of the bailor only. 
D)  This is an example of an involuntary bailment. 
E)  Because the violin is a Stradivarius, this is an example of a bailment for value.

A distinction between real property and personal property is that one cannot be moved while the other can.

With regard to interests in land, which one of the following statements is true?

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

A periodic tenancy means

What period of protection is granted under industrial design legislation?

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

Explain what is meant by chose in action.

Indicate the kinds of things that are covered by trademark legislation.

Explain how a patent is obtained.

Indicate three things that cannot be patented.

Explain what is meant by a person obtaining a right of way by prescription.

"When a tenant has signed a two-year lease and then for some reason finds himself in the position where he has to leave, the landlord has an obligation to try to rent out the premises to someone else." Explain the accuracy of that statement.

The mere possibility of confusion is sufficient to block a trade-mark application.

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

Which of the following is false with regard to the copyright law in Canada?

In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

Jane asked her friend Harry to look after her very valuable Stradivarius violin while she was away on vacation. Which one of the following statements is correct with respect to the legal relationship created?

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

A distinction between real property and personal property is that one cannot be moved while the other can.

With regard to interests in land, which one of the following statements is true?

Which of the following is true with regard to trademark infringement and the remedies of the trademark owner?

Yung created a machine that was not exactly new and novel in that it was an improvement on an existing patented machine. Which of the following is true?

A periodic tenancy means

What period of protection is granted under industrial design legislation?

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

Explain what is meant by chose in action.

Indicate the kinds of things that are covered by trademark legislation.

Explain how a patent is obtained.

Indicate three things that cannot be patented.

Explain what is meant by a person obtaining a right of way by prescription.

"When a tenant has signed a two-year lease and then for some reason finds himself in the position where he has to leave, the landlord has an obligation to try to rent out the premises to someone else." Explain the accuracy of that statement.

The mere possibility of confusion is sufficient to block a trade-mark application.

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

Which of the following is false with regard to the copyright law in Canada?

In Canada, software is protected primarily under copyright law, although there are situations in which patent law will apply to software embedded in a particular invention.

Jane asked her friend Harry to look after her very valuable Stradivarius violin while she was away on vacation. Which one of the following statements is correct with respect to the legal relationship created?

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