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</p> Signup and view all the answers

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

    <p>Easement</p> Signup and view all the answers

    What is a restrictive covenant?

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

    What does a license in property law represent?

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

    What type of property interest does a mortgage represent?

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

    What is a key characteristic of tenancy in common?

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

    What is a defining feature of registered trademarks?

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

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

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

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

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

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

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

    Which of the following statements about trademarks is incorrect?

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

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

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

    What distinguishes a registered trademark from an unregistered trademark?

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

    What does the term 'trademark dilution' refer to?

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

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

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

    What can mitigate damages awarded in cases of wrongful dismissal?

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

    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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