Question 1

With regard to the internet,which of the following statements is true?

Accepted Answer

A)   Valid laws apply to the internet, and there have been no difficulties in determining what laws apply to the internet and internet transactions.
B)   Existing laws go a long way to establish rights and obligations for the parties doing business online, but the protection and enforcement of those rights can be an insurmountable problem.
C)   Determining where an action should be brought has not presented any legal problems.
D)   Regulatory steps have been taken to overcome all problems associated with jurisdictional issues.
E)   Judicial action is allowed only if the person being sued is a resident of that jurisdiction. B

Question 2

Jurisdiction with respect to the internet is an important area of concern.Which of the following statements is false?

Accepted Answer

A)   There must be a special link or connection to have a local court take jurisdiction.
B)   It is relatively straightforward to take a judgment obtained in one jurisdiction and enforce it in another.
C)   Without a degree of interactivity, the courts in a particular province may refuse to hear a case.
D)   A Canadian may be prosecuted for an activity that is against the law in one jurisdiction but perfectly acceptable in another.
E)   To avoid battles over jurisdiction, the parties should specify in their contract which law is to apply. B

Question 3

With regard to online contracts,which of the following statements is accurate?

Accepted Answer

A)   Consumers cannot be held liable for terms that they did not actually read.
B)   The electronic equivalent of small print is the part of a document that cannot be seen on the screen.
C)   An electronic document becomes effective only once the consumer is provided with a paper copy.
D)   Canadian consumers may have to have their claims heard in foreign jurisdictions.
E)   Exemption clauses in electronic contracts do not have to be brought to the attention of the person accepting. D

Question 4

A Canadian company published an article on the internet defaming an Australian resident.The Australian resident brought action against the Canadian company.With regard to internet jurisdiction,which of the following statements is true?

Accepted Answer

A)   The Canadian company's appropriate defence would be to point out that it is impossible to know and comply with the laws of every jurisdiction, and that the company is therefore not liable.
B)   Since the plaintiff lived in Australia, and the harm was done in that country, there is no connection between the defamation and Canada, and appropriately there is no jurisdiction.
C)   Since the company was Canadian, the most convenient jurisdiction would be the province in which the Canadian company resides.
D)   Since the plaintiff lived in Australia, and the defendant was based in Canada, a third neutral country would be the appropriate jurisdiction.
E)   Since the plaintiff lived in Australia, and the harm was done in that country, there is a sufficient connection between the defamation and that country, and the case would be heard in an Australian court.

Question 5

Any parties making offerings over the internet must comply not only with the rules of where they reside but also those in place where the other party resides.

Accepted Answer

A) True 
 B)False

Question 6

Naxon opened a retail computer shop which he called Computer Haven Ltd.He used colours and signs similar to those used by Computerheaven Ltd.,a very successful computer store 5 kilometres away.After Naxon was in business for about five months,the directors of Computerheaven Ltd.noticed that their sales had dropped.On these facts,which of the following is true?

Accepted Answer

A)   Computerheaven has no cause of action against Naxon because ours is a free society and competition in all forms is encouraged by our political and legal system.
B)   Computerheaven could successfully sue Naxon for the tort of injurious falsehood.
C)   Computerheaven could successfully sue Naxon for the tort of passing off if it can prove that the name, signs, and colours used by Naxon were likely to mislead the public.
D)   Computerheaven could successfully sue Naxon for the tort of innuendo.
E)   Computerheaven could successfully sue Naxon for breach of contract.

Question 7

To infringe a trademark,the violator must somehow use it,not merely display it on a website.

Accepted Answer

A) True 
 B)False

Question 8

Employment with respect to the internet is an important area of concern.Which of the following statements is false?

Accepted Answer

A)   The employer will be responsible for data transmissions that result in intentional violations of intellectual property rights.
B)   Businesses may find themselves linked to criminal activities through the actions of their employees.
C)   Monitoring employees' email and their internet use in all cases is a violation under the Charter of Rights and Freedoms.
D)   Monitoring an employee's telephone conversation without obtaining prior consent or authorization may be recognized by the Courts as an invasion of privacy.
E)   Employers must consider the impact of PIPEDA before monitoring employee email.

Question 9

Which of the following is used to authenticate the identity of a person of a party to an online contract?

Accepted Answer

A)   file formatting
B)   a court order
C)   digital waterboarding
D)   digital certificate
E)   information encryption security

Question 10

Discuss the elements of a contract required for electronic commerce transactions.

Accepted Answer

The answer of Discuss the elements of a contract required...

Question 11

In an Alberta case,the accused sent "teaser" email on the internet advertising software that could be used to generate "valid" credit card numbers.What did the Court find?

Accepted Answer

A)   Counselling others to commit a crime is not in of itself an indictable offence.
B)   Knowingly counselling others to commit a crime is all that is required to show guilty intent.
C)   The law requires proof of any intent to deceive or misrepresent.
D)   If someone is knowingly counselling others to commit a crime, damages must be proved in order for a criminal action to be successful.
E)   Knowingly counselling others to commit a crime is neither a criminal nor a civil matter.

Question 12

The Personal Information Protection and Electronic Documents Act (PIPEDA)protects personal information,limits its collection,and provides for limited access where appropriate.

Accepted Answer

A) True 
 B)False

Question 13

Because the internet provides direct and inexpensive access to a massive audience,torts involving defamation is a primary concern.Which of the following statements regarding defamation over the internet is false?

Accepted Answer

A)   Material placed on the internet, via a website, where it may be accessed by a large audience, has been likened to broadcasting information on television or radio.
B)   Intermediaries, such as ISPs, will be liable for defamation only if they encouraged the offending behaviour, or if they knew or ought to have known of it and failed to remove it after notification.
C)   Where several connecting factors exist, Canadian courts appear willing to assume jurisdiction.
D)   The courts are reluctant to create new categories of torts, and hence have been unwilling to consider defamation over the internet.
E)   When determining damages, the size of the audience has been regarded as relevant.

Question 14

Black v.Breeden involved defamation over the internet.According to this case,which of the following is true?

Accepted Answer

A)   Since the article was read, and the damage to Black's reputation was done in America, the Court held the United States was the appropriate place to sue.
B)   Since the plaintiff lived in the United States, and his reputation was damaged there, the Court held the United States was the appropriate place to sue.
C)   Black established a real and substantial connection, and that his reputation was damaged within Ontario, even though the article was published on a U.S. website, the Court held Black was able to pursue a defamation action in Ontario.
D)   The key to a court assuming jurisdiction is the number and strength of the connecting factors between the cause of the action and the where the defendant resides.
E)   The key to a court assuming jurisdiction is the connecting factors between where the plaintiff and the defendant reside.

Question 15

Personal use of computers by a company's employees can expose the employer to a variety of liabilities.Discuss some practical solutions available to the employer which help contain this risk.

Accepted Answer

The answer of Personal use of computers by a company's...

Question 16

"Existing laws have proven useless with respect to the internet." Discuss the accuracy of this statement.

Accepted Answer

The answer of "Existing laws have proven useless with respect...

Question 17

Until a jurisdiction has enacted legislation specifically allowing it,an agreement made over the internet cannot constitute a legally binding contract.

Accepted Answer

A) True 
 B)False

Question 18

Explain the concept of long-arm statutes.

Accepted Answer

The answer of Explain the concept of long-arm statutes....

Question 19

What sanctions are appropriate for computer misuse in the workplace?

Accepted Answer

The answer of What sanctions are appropriate for computer misuse...

Question 20

Companies that sell their products over the internet will still be held liable.Explain.

Accepted Answer

The answer of Companies that sell their products over the...

Exam 14: Information Technology and the Internet

With regard to the internet,which of the following statements is true?

Jurisdiction with respect to the internet is an important area of concern.Which of the following statements is false?

With regard to online contracts,which of the following statements is accurate?

A Canadian company published an article on the internet defaming an Australian resident.The Australian resident brought action against the Canadian company.With regard to internet jurisdiction,which of the following statements is true?

Any parties making offerings over the internet must comply not only with the rules of where they reside but also those in place where the other party resides.

To infringe a trademark,the violator must somehow use it,not merely display it on a website.

Employment with respect to the internet is an important area of concern.Which of the following statements is false?

Which of the following is used to authenticate the identity of a person of a party to an online contract?

Discuss the elements of a contract required for electronic commerce transactions.

In an Alberta case,the accused sent "teaser" email on the internet advertising software that could be used to generate "valid" credit card numbers.What did the Court find?

The Personal Information Protection and Electronic Documents Act (PIPEDA)protects personal information,limits its collection,and provides for limited access where appropriate.

Because the internet provides direct and inexpensive access to a massive audience,torts involving defamation is a primary concern.Which of the following statements regarding defamation over the internet is false?

Black v.Breeden involved defamation over the internet.According to this case,which of the following is true?

Personal use of computers by a company's employees can expose the employer to a variety of liabilities.Discuss some practical solutions available to the employer which help contain this risk.

"Existing laws have proven useless with respect to the internet." Discuss the accuracy of this statement.

Until a jurisdiction has enacted legislation specifically allowing it,an agreement made over the internet cannot constitute a legally binding contract.

Explain the concept of long-arm statutes.

What sanctions are appropriate for computer misuse in the workplace?

Companies that sell their products over the internet will still be held liable.Explain.