Real Property Quiz
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Questions and Answers

Which type of property includes land and buildings?

  • Personal Property
  • Intangible Property
  • Common Property
  • Real Property (correct)

What is a characteristic of personal property?

  • It can be either tangible or intangible. (correct)
  • It is fixed and immovable.
  • It includes land and structures.
  • It cannot be owned by individuals.

How is a fixture determined?

  • By the degree of permanence. (correct)
  • By its physical size.
  • By ownership history.
  • By its financial value.

Which type of estate grants the right to possession for someone's lifetime?

<p>Life Estate (C)</p> Signup and view all the answers

What describes a non-possessory interest in land regarding the right to use the land?

<p>Easement (A)</p> Signup and view all the answers

What is a restrictive covenant?

<p>An agreement that limits property usage. (A)</p> Signup and view all the answers

What does a license in property law represent?

<p>A contractual right to profit from land. (B)</p> Signup and view all the answers

Which statement about property rights is true?

<p>Property rights determine who has a better claim to property. (A)</p> Signup and view all the answers

What leads to a constructive dismissal claim?

<p>An employer fundamentally changes the nature of the job without consent (C)</p> Signup and view all the answers

What must an employee prove to receive damages equivalent to wrongful termination?

<p>They were fundamentally changed or bullied into resigning (C)</p> Signup and view all the answers

What does the Employment Standards Act (ESA) regulate?

<p>The terms and conditions of employment such as minimum wage and breaks (C)</p> Signup and view all the answers

What is required before an employer can dismiss an employee for drug use?

<p>There must be reasonable suspicion and treatment offered initially (C)</p> Signup and view all the answers

When is a union automatically certified as the bargaining agent?

<p>If the employer threatens employees for joining the union (A)</p> Signup and view all the answers

What is true regarding Collective Bargaining Agreements (CBAs)?

<p>They must have a term of at least one year (A)</p> Signup and view all the answers

Which of the following is NOT typically required under human rights legislation?

<p>Implementation of strict termination policies (A)</p> Signup and view all the answers

What action can an employee take if negotiations during collective bargaining are unsuccessful?

<p>Request a mediator to assist in negotiations (C)</p> Signup and view all the answers

What type of property interest does a mortgage represent?

<p>Non-possessory interest (D)</p> Signup and view all the answers

In a joint tenancy, what happens to the interest when one owner dies?

<p>The interest transfers to the other surviving owner (A)</p> Signup and view all the answers

What is a key characteristic of tenancy in common?

<p>Transfer of interest to beneficiaries upon death (B)</p> Signup and view all the answers

Which of the following must be proven to lay claim to found tangible personal property?

<p>Proof of ownership (D)</p> Signup and view all the answers

What is a defining feature of registered trademarks?

<p>Rights of use extend nationally (C)</p> Signup and view all the answers

What does passing off require to be established as an offense?

<p>Misrepresentation of goodwill (C)</p> Signup and view all the answers

What is a consequence an employee faces when terminated with cause?

<p>Not entitled to notice of termination (A)</p> Signup and view all the answers

Which of the following is NOT a requirement for protecting an industrial design?

<p>Must be innovative and unique (C)</p> Signup and view all the answers

Which of the following is NOT an exception to copyright protection under fair dealing?

<p>Commercial use (C)</p> Signup and view all the answers

Copyright protection lasts for the life of the author plus how many years?

<p>50 years (C)</p> Signup and view all the answers

What does vicarious liability imply for employers in an employment relationship?

<p>Employers are held liable for employee actions during the scope of employment (C)</p> Signup and view all the answers

Which factor does NOT contribute to determining reasonable notice for termination without cause?

<p>Company's annual profit (B)</p> Signup and view all the answers

What is required for an invention to qualify for a patent?

<p>Must be innovative and not obvious (B)</p> Signup and view all the answers

Moral rights associated with copyright provide the author with what type of protections?

<p>Right to be attributed and not have the work disparaged (B)</p> Signup and view all the answers

Which of the following can lead to a termination being classified as wrongful dismissal?

<p>Failure to provide reasonable notice (B)</p> Signup and view all the answers

Which of the following statements about trademarks is incorrect?

<p>Trademarks can be registered for unlimited duration. (C)</p> Signup and view all the answers

What is the maximum duration of notice under the Employment Standards Act (ESA) for an employee who has worked for 12 years?

<p>8 weeks (A)</p> Signup and view all the answers

Which of the following is a requirement for an item to be patented?

<p>It must be an improvement on an existing invention (C)</p> Signup and view all the answers

Which of the following obligations is NOT a duty of employers?

<p>Provide training to employees (D)</p> Signup and view all the answers

Under what circumstances can an employee not be terminated with cause?

<p>When the employee has not received warnings (C)</p> Signup and view all the answers

What distinguishes a registered trademark from an unregistered trademark?

<p>Registered trademarks provide national rights of use. (D)</p> Signup and view all the answers

What does the term 'trademark dilution' refer to?

<p>Reducing the distinctiveness of a famous trademark (D)</p> Signup and view all the answers

What aspect is the Control Test NOT concerned with in distinguishing between employment and independent contracts?

<p>Whether the person owns their tools (A)</p> Signup and view all the answers

Which remedy allows a company to require the return of infringing products?

<p>Delivering Up (B)</p> Signup and view all the answers

Which of the following scenarios is considered misconduct that may lead to termination with cause?

<p>Repeated insubordination after warnings (D)</p> Signup and view all the answers

What is the primary focus of the Organization Test in determining the nature of a working relationship?

<p>The importance of the worker to the organization (D)</p> Signup and view all the answers

What can mitigate damages awarded in cases of wrongful dismissal?

<p>Finding a new job immediately (D)</p> Signup and view all the answers

Flashcards

What are the two broad categories of property?

Property is divided into real property and personal property. Real property refers to land and buildings, while personal property encompasses everything else.

What are fixtures?

Fixtures are goods attached to real property, transitioning from personal property to real property. Examples include shingles on a house.

How do you determine if something is a fixture?

Consider the degree of permanence of the attachment and the damage caused by removing it. Temporary items are less likely to be fixtures.

What is a fee simple interest in land?

A fee simple interest grants complete ownership of a property, including the right to possess, use, and dispose of it.

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What is a life estate?

A life estate grants possession of a property for the duration of someone's life. Ownership reverts to another party upon their death.

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What is a leasehold estate?

A leasehold estate grants the right to possess a property through a contractual agreement (lease), but not ownership.

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What are easements?

Easements grant the right to use another's property for specific purposes, like utility lines or access.

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What are restrictive covenants?

Restrictive covenants place limitations on property use, such as preventing the construction of a pool. They are property rights, not contracts.

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Patent Infringement Remedies

Legal actions taken against someone who uses a patented invention without permission.

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Damages (Patent Infringement)

Financial compensation paid by the infringer to the patent holder for the losses caused by the infringement.

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Injunction (Patent Infringement)

A court order stopping the infringer from continuing to use the patented invention.

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Accounting of Profits (Patent Infringement)

The infringer must hand over all the profits they made from using the patented invention.

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Delivering Up (Patent Infringement)

The infringer must surrender all products that infringe the patent.

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Industrial Design

Legal protection for the visual appearance of a product, including its shape and pattern.

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Industrial Design Protection

Protection against manufacturing, selling, renting, or importing products that copy the registered design.

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Industrial Design Registration

The process of officially registering an industrial design to gain legal protection.

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Employment Relationship

Legal bond between an employer and employee, governed by contracts, even if not written.

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Control Test (Employment)

Determining if someone is an employee by analyzing who controls the work: when, how, and what.

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Organization Test (Employment)

Analyzing how important someone is to the organization to determine if they're an employee or independent contractor.

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Employer Obligations

Responsibilities of employers towards their employees, including paying wages, honoring contracts, and providing safe working conditions.

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Employee Obligations

Responsibilities of employees towards their employer, including working competently, being punctual, and being loyal.

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Termination with Cause

Dismissing an employee for a valid reason, such as serious misconduct or breach of contract, without notice or severance.

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Termination without Cause

Dismissing an employee for non-performance reasons, requiring notice and potential severance payment.

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Joint Tenancy

A form of co-ownership where two or more people own a property together with rights of survivorship. If one owner dies, their interest automatically transfers to the remaining owner(s).

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Tenancy in Common

A form of co-ownership where two or more people own a property together, but there are no rights of survivorship. When one owner dies, their interest goes to their beneficiaries or heirs.

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Mortgages

A loan used to finance the purchase of real estate. The borrower (mortgagor) pledges the property as collateral. The lender (mortgagee) has the right to take possession of the property if the borrower defaults.

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Lost Tangible Personal Property

Personal property that has been misplaced or lost. The finder has a right to possession against anyone except the true owner. The finder's claim is stronger if found on publicly accessible private property.

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Bailment

A legal relationship where one person (the bailee) temporarily possesses goods belonging to another person (the bailor). The bailee owes a duty of care to the bailor.

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Trademark

A symbol, logo, word, or phrase used to distinguish goods or services. It protects businesses from others using similar marks in the same industry.

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Famous Marks

Trademarks recognized in the USA as so well-known that they cannot be used by others, even in different industries.

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Registered Trademark

A trademark that has been formally registered with the relevant authority. Provides nationwide protection in Canada against use by others.

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Passing Off

A legal violation where a business or individual misrepresents their goods or services as being those of another party, causing confusion and potential harm to the original brand's reputation.

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Trademark Dilution

Using a similar trademark in a way that dilutes or tarnishes the value of the original brand, even if not directly competitive.

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Copyright

Legal protection granted to original literary, artistic, musical, and dramatic works. Protects the expression of ideas, not the ideas themselves.

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Fair Dealing

An exception to copyright protection allowing limited use of copyrighted material for purposes like criticism, review, news reporting, and research.

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Moral Rights

The author's right to be recognized for their work and to prevent it from being altered or misused.

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Patents

Legal protection granted to inventions. Provides exclusive rights to the inventor to make, use, or sell their invention.

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Patent Criteria

To be eligible for a patent, an invention must be new, useful, and not obvious. It must also have been disclosed to the public within a year of the patent application.

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What is constructive dismissal?

When an employer significantly alters an employee's job duties without their consent, forcing them to resign. This is considered a wrongful dismissal, and the employee is entitled to the same damages as if they were terminated without cause.

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What are the general requirements for drug testing employees?

Employers generally need reasonable suspicion to drug test an employee. However, certain high-risk jobs, often related to public safety, may allow for random drug testing.

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What are the key features of the Employment Standards Act (ESA)?

The ESA sets minimum standards for employment practices, including minimum wage, working hours, overtime, breaks, vacation time, pregnancy and parental leave, equal pay, and termination/layoff rules.

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What are the potential consequences of violating human rights legislation?

Violations of human rights legislation, such as discrimination or harassment, can lead to significant penalties for the employer, including fines and reinstatement of the affected employee.

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How is a union certified to represent employees?

A union becomes certified if more than 50% of the employees join the union, vote for union representation, or if the employer illegally threatens workers for joining a union.

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What is a Collective Bargaining Agreement (CBA)?

The CBA is a legally binding contract negotiated between a union and an employer, outlining the terms of employment for all employees represented by the union, including wages, working conditions, and dispute resolution procedures. It typically has a minimum duration of one year.

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What happens if negotiations between a union and employer fail?

If both sides fail to reach an agreement, they can jointly apply for a mediator. If that doesn't work, employees can strike and employers can lockout employees.

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What are some examples of other employment legislation besides the ESA and Human Rights Legislation?

Other relevant legislation includes those covering workplace safety, pay equity, employment insurance, workers' compensation, and specific industry regulations like the BIA (Building Industry Act) and WEPA (Workplace Safety and Insurance Act)

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Study Notes

Real Property

  • Real property encompasses land, buildings, and attached items—fixed and immobile.
  • Personal property includes all non-real property, tangible or intangible (e.g., planes, chairs, trademarks).
  • Fixtures are goods attached to real property, transitioning from personal to real property upon attachment (e.g., shingles on a house).
  • Determining a fixture involves permanence and potential damage from removal.
  • Property rights are relative, not absolute; the best claim is compared to others' claims. Determining best claim is based on who had possession first, not on ownership.
  • Possessory interests in land include:
    • Fee simple: full ownership.
    • Life estate: lifetime possession, property transferred afterward.
    • Leasehold estate: right to possess by contract, not ownership.
  • Non-possessory interests include:
    • Easement: right to use (e.g., utility lines).
    • Rights of way: right to traverse land (e.g., shared driveways).
    • Licenses: contractual right to profit from land (e.g., taking apples).
    • Restrictive covenants: negative limitations on land use, binding future owners.
    • Mortgages: non-possessory interests, allowing banks to seize upon default.
  • Co-ownership types include:
    • Joint tenancy: shared ownership with rights of survivorship (interest automatically transferred to co-owner(s)).
    • Tenancy in Common: shared ownership without rights of survivorship; interests can be unequal.

Personal Property

  • Lost tangible personal property: finders have a claim against all but the true owner, particularly if found on publicly accessible private property.
  • Bailment: temporary possession of another's goods (bailee owes a duty of care). Level of care depends on various factors (value, fragility, contract terms, if it benefits bailee).
  • Intellectual property protects creations of the mind, not ideas.
  • Trademarks: distinctive words, logos, sounds, symbols for goods/services. This does not apply to colors. Recognizing a company cannot use their trademark if it would cause confusion. Famous marks (e.g., Nike) get special protection beyond the industry. Trademarks are nationally registered.
  • Passing off: misrepresenting goods/services as another's, requiring goodwill, misrepresentation, and confusion likelihood.
  • Trademark dilution: using a trademark in a non-confusing way that tarnishes another's mark and diminishes value.
  • Copyright: protects original literary, artistic, musical, and dramatic works. Copyright arises automatically. Valid copyright requires originality, fixed medium, connection to Canada. Copyright duration is author's life plus 50 years. Copyright protects performances. Fair dealing is an exception (reviews, criticism, news reporting, private study, parody). Moral rights allow authors to be associated with their work and prevent disparagement.
  • Patents: protect inventions (not ideas), granting exclusive rights for 20 years. Inventions must be new, useful, non-obvious. Inventions include: products, compositions, processes, and improvements. Employee inventions generally belong to the employee. Patent Infringement remedies are the same as trademark (damages, injunctions, accounting of profits, delivery up).
  • Industrial designs: protect product's visual appearance (shapes, patterns, etc.) requiring registration (1 year of initial use), lasting 10 years (not renewable).

Employment Law

  • Employment relationships are fundamentally contractual.
  • Important distinction between employee and independent contractor is crucial for vicarious liability.
  • Defining differences between employment and independent contractor status is critical. Important considerations include: (1) control over work, (2) organization's importance to the worker, and (3) other factors.
  • Employer obligations: pay, contract fulfillment, safe conditions.
  • Employee obligations: competent work, punctuality, loyalty, fiduciary duty (some cases).
  • Termination: can be with or without cause. Termination with cause: misconduct violating contract/relationships. Termination without cause: good faith and business reasons.
  • Obligations for termination without cause involve ESA notice, severance (if criteria met), reasonable notice (depending on factors like age, seniority, etc), and possible wrongful dismissal.
  • Constructive dismissal occurs when employers fundamentally alter the job without employee consent, leading the employee to resign.
  • Other employment laws: ESA (minimum wage, hours, leaves, etc.), human rights protections (discrimination, accommodation), health and safety.
  • Collective bargaining involves unionization, bargaining, and collective bargaining agreements (CBAs). Strikes/lockouts are prohibited during a CBA.

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Description

Test your knowledge on real property concepts, including the distinctions between real and personal property, fixtures, and various property rights. Explore topics such as fee simple, life estates, and non-possessory interests like easements and licenses through this informative quiz.

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