LAW201 Quiz

The term of patent protection in Canada is?

20 years from the date the patent application is filed

Under the Family Medical Leave provisions of the Ontario Employment Standards Act, 2000, an employee is entitled to how many weeks of unpaid leave in a 52-week period?

26

The following is true of intellectual property protection in Canada

A distinctive logo might be subject to copyright as well as trademark protection

Foreclosure proceedings arise when?

A mortgagee (the lender) brings an action against a defaulting mortgagor (borrower)

Which of the following statements are true of trade secrets in Canada?

A trade secret is of value because it's a secret which provides a competitive advantage

The following is NOT a factor that makes a worker look more like an employee A) the worker owns the tools needed to do the job B) the worker has no person assets invested in the company C) regular employee deductions are made from pay D) the company controls how the work is done and closely supervises the work

A) the worker owns the tools needed to do the job

Who owns the property used in (or by) a partnership?

All of the partners jointly

Which was one of the contentious issues the drafters of the crime of aggression needed to resolve in order to create a prosecutable crime? The crime would require require linking one or more individuals to the state act and limiting the range of responsibility to a clearly defined set of perpetrators

All of them

What is not one of the sources of international law under article 38 of the Statute of the International Court of Justice? A) Judicial decisions and the teachings of the most highly qualified publicists of the various nations B) Resolutions of the General Assembly of the UN C) Treaties D) International custom

B) Resolutions of the General Assembly of the UN

Why is a corporation a legal person?

Business corporation statutes (like the CBCA or OBCA) grant it the status of a legal person

The Ontario Human Rights Code prohibits actions that discriminate against people based on a protected ground in a protected social area. Which of the following IS NOT a protected ground of discrimination? A) Age B) Creed C) Size D) Ethnic origin

C) Size

Which of the following topics would be considered to fall under international environmental law? A) Genocide B) Rights of refugees C) Sustainable development D) Rights of self-determination

C) Sustainable development

Intangible interests do not include?

Cars

The UN contains a blanket prohibition on the use of force with two uncontroversial exceptions. Identify one of these exceptions.

Collective action authorized under Chapter VII of the UN Charter

Which of the following statements is true regarding trademarks in Canada?

Common law trademark rights apply in the geographic area where the trademark became known

A disadvantage of operating in a corporation structure is?

Corporations require more administrative care than unincorporated entities, especially relative to government filings (like tax returns)

Which of the following factors is NOT relevant when determining an appropriate business structure? A) The time horizon for the business activity B) The riskiness of the business activity C) How many people will be involved in the business activity D) All of the above are relevant

D

Which is not a traditional characteristic of State Sovereignty? A) Territorial inviolability B) Equality C) Independence D) A functioning military

D) A functioning military

Which is the most clear-cut example of legitimate self-defense in international law?

December 1941, Japanese ships en route to Pearl Harbor for a surprise attack are cut off by American fighter and sunk before a Japanese bullet is fired or bomb is dropped

The essence of a trademark is?

Distinctiveness

Which of the following statements are correc regarding Canadian copyright law?

Fair dealing includes use for satire

The decision of the Supreme Court of Canada in the 2008 BCE case confirmed that the pre-eminent duty of directors in a public corporation is to the shareholders of that corporation?

False

What is the most significant statutory source of the regulation of advertising in Canada

Federal Competition Act

Where does one find the consumer protection laws in Canada?

In civil laws like tort and contract, in provincial consumer protection legislation and in some specific pieces of federal regulation like the Competition Act

Which of the following is a disadvantage to operating a business in the form of a sole proprietorship?

It allows for unlimited personal liability

which of the following is true of patent-able subject matter?

It can be patented if it is new, useful, and unobvious

Which of the following statements are true of patent law in Canada?

It is an infringement of a patent when someone other than the patent owner reproduces and sells a patented product without their permission

What is the overriding or peremptory norms of international law, generally based on customs?>

Jus cogens

Personal property does not include?

Land

What field of law deals with justifications for war, acceptable state conduct during war, and reparations following war?

Law of War

Which os the following statements are correct under Canadian Copyright Law?

Moral rights include the right of an author to be associated with their work

in respect of an employment agreement, a restrictive covenant is best described as

NOT: a contractual term that restricts the rights of employees to engage in certain competitive practices against their employer MAYBE: a contractual term that restricts the rights of a former employee to engage in certain competitive practices against their former employer. examples of restrictive covenants include non-disclosure clauses, non-competition clauses, and non-solicitation clauses

which of the following is an accurate description of an independent contractor

NOT: a worker who is compensated only through sales commissions and who has the independence to choose clients PROBABLY: a worker who is in business for themselves and who, therefore, is not an employee

in the context of an employment agreement, a non-disclosure clause

NOT: prohibits an employee from disclosing information to their friends and family that has proprietary value to their employer

Which is not a necessary criterion in establishing an international custom? A) Duration of practice B) Consistency of practice C) Accepted as law D) Universality of practice

Not A Not C Either B or D

Which is not true of admissibility and jurisdiction at the International Criminal Court? A) The ICC prosecutes and tries only the gravest crimes of concern to the international community B) The ICC has jurisdiction to prosecute states and individuals C) An investigation can be triggered by a referral by an ICC state party, the UN Security Council, or the prosecutor himself if the pre-trial chamber authorizes it D) It is complimentary to national jurisdiction (state themselves have primary jurisdiction)

Not A or C B or D is correct

If Joe and Frank own a house jointly, would this constitute a partnership?

Not in itself, as this would not constitute the carrying on of a business

Which of the following is most true of copyright law in Canada

Once you turn your idea into an original work, that's fixed in some form, you can have copyright on it

Which of the following business owners or managers owe a broad fiduciary duty in the context of their business?

Partners and corporate directors

In Richards v. Waisglass (1994), found that Mr. Waisglass discriminated against the complainant Ms. Richards on what prohibited ground?

Race

The governing statute for the International Court of Criminal Court is?

Rome Statute

Which of the following is not an example of intellectual property?

Shares in a corporation

What is the principle that says a state should be held accountable for the breaches of international obligations?

State responsibility

What body was set up under the UN Charter and is charged with the primary responsibility of maintaining international peace and security?

The UN security council

The law of contracts, in particular the employment contract is the cornerstone of which workplace regime?

The common law regime

To whom do directors owe their legal duties?

The corporation itself

In Richard v Time, whom did the Supreme Court of Canada say the Quebec Consumer Protection Act protected from false advertising?

The credulous and inexperienced person, considering the entirety of the ad

A trustee of the land is?

The legal owner of the land, but required to hold the land for the use and enjoyment of the equitable owner of the land

The collective bargaining regime is concerned with?

The processes through which workers act collectively in pursuit of higher wages, better benefits, and better working conditions

A strike is best described as?

The withholding of labor by workers, acting as a collective, as a means of bargaining leverage

What is the main feature of a tenancy in common

There is no right of survivorship - each co-owner can leave their interest in a will or transfer their interest to others inter vivos

The central function of protective standards regulation is what?

To protect employees from employers which may use their superior bargaining power to impose working conditions that fall below what the government considers acceptable

Which of the following is not the name of legislation in Canada

Trade Secrets Act

Which of the following is an example of bailment?

When you borrow a book from the library

Which of the following is an example of an easement?

When you have the right to cross land owned by another

Which of the following is an example of a covenant?

When you have the right to restraint your neighbor from constructing a building that will block your view

Which of the following is an example of a lease?

When you rent an apartment

A fixed task contract is best defined as

a contract to perform a define or specific task that comes to an end when said task is complete

the following are examples of restrictive covenants most commonly found in employment agreements

non-disclosure clauses, non-competition clauses, and non-solicitation clauses

A non-competition clause is best described as a clause that

prohibits a former employee from entering into a competitive business with the employer

linguistic profiling refers to

the ability of individuals to make fairly accurate racial attributions on the basis of linguistic cues alone

the requirements of employment contracts are:

the parties must have legal capacity to contract, parties must have the intention to create a legally enforceable contract, and the contract (including any amendments to an employment contract) must comprise of an offer, an acceptance of that offer, and mutual consideration