QUESTION 1 How do you distinguish a tort action from a criminal action A Tort actions are concerned with harm to the state, while criminal actions are viewed in law as focusing on individuals B Tort actions are concerned only with unintentional breaches, while criminal actions are viewed in law as focusing on harm to the state C Tort actions are concerned with harm caused to individuals, while criminal actions are viewed in law as focusing on harm to the state D Tort actions are concerned with contractual breaches, while criminal actions are viewed in law as focusing on harm to the state QUESTION 2 Which of the following is the best reason why a written contract should be precisely drafted A It is always fairer for the party in the weaker bargaining position B If a dispute arises the solution can be found in the language used in the contract C The court will not insert or imply words into written contracts D It is a form of protection for the party in the stronger bargaining position QUESTION 3 Which of the following is correct about the privity of contract doctrine A It allows any person(s) with a specific loss to bring an action B It excludes parties to the contract from bringing an action C It restricts the operation of a contract to those who are parties to it D It allows any person(s) who suffered as a result of a breach to claim damages QUESTION 4 A party who is claiming that they were suffering from mental incapacity at the time they entered into a contract must show which of the following in order to set aside a contract A The other party to the contract was not aware of the mental incapacity B The mental incapacity was only temporary C The other party to the contract was aware of the mental incapacity D The mental incapacity was a permanent condition QUESTION 5 Which of the following are reasons that a contracts might be unenforceable A Representation, failure to obtain independent legal advice, misrepresentation, and economic duress B Representation, economic duress, undue influence, and unconscionability C Economic duress, undue influence, misrepresentation, and unconscionability D Undue influence, failure to obtain independent legal advice, misrepresentation, and economic duress QUESTION 6 Which of the following is most likely to be considered an example of economic duress A A theatre needs renovations in time for the opening of a sold out run of a popular play, and the theatre management is negotiating contracts with multiple construction companies B A theatre is being renovated for the opening of a sold out run of a popular play, and midway through the renovations the construction company demands more money to complete the job C A theatre needs renovations in time for the opening of a sold out run of a popular play, and a construction company will not agree to conduct the renovations without more money than the theatre management is offering D A theatre is being renovated for the opening of a sold out run of a popular play, and during the renovations the construction company fires ten employees without providing sufficient notice QUESTION 7 Kumail has justpurchased his first home His ownership rights include that he canpossess the property indefinitely, can sell or lease the land, andcan secure loans against the property He is not, however, entitled to build a pool on his property due to zoning restrictions What type of ownership interest does Kumailhave in his new home A Remainder interest B Leasehold estate C Life estate D Fee simple QUESTION 8 Which of the following is incorrect with respect to real property A Technically, only the government owns land B Exclusive possession means that the tenant may exclude all others from the property except the landlord C Intangible property describes something one can own or have rights to but that has no physical substance D Personal property includes chattels, choses in action, and intellectual property QUESTION 9 Which of the following is most likely to amount to the tort of nuisance A Seo jun has built a sun lounge in her backyard without soundproofing it B Zane hosts an outdoor engagement partyfor his friends,June and Sam, that ends by 12AM C Barbara has been carrying out home renovations for the past eight weeks that begin at 6 am and end at 6 pm D Jamal throws an outdoor barbecueevery weekend in the summer, causing smells from the grill to waft through the neighborhood QUESTION 10 Co Ownership Agreements help to protect each tenant's investment in a property The purpose of an indemnity clause in such an agreement is to A Outline the process for making decisions and for resolving disputes B Enable each partner to seek compensation for any losses caused by the negligence, misrepresentation, or misconduct of one or more of the partners C Codifythe duty of fairness,good faith, and loyalty as conditionsof the co ownership arrangement D Detail how repairs and maintenance will be paid for, and exactlyhow much will each tenant contribute QUESTION 11 Russell co owns a house with three of his friends They have structured their ownership of the property as a joint tenancy Over time, Russell grows tired of the fact that his friends make a lot of noise late into the night, because he works construction and has to get up at 4 AM Which of the following is not a way that Russell could sever the joint tenancy A By obtaining a court order forthe partition and sale of the land B By deciding to sell his interest in the property to another friend C By ending theunity of tenancy D By Russell's creditors bringing an application to sever the joint tenancy so that Russell's shareof the property can be sold to pay his outstanding debts QUESTION 12 Which of the following is not a way that intellectual property is protected A Copyright B Agency C Trademark D Patent QUESTION 13 Belinda runs a small theatre company and is about to begin a production of the first Harry Potter book by JK Rowling She cannot afford to purchase copies of the book for all 20 members of the cast, so she plans to photocopy the amount that she needs What is the legislation that would govern this A Trademarks Act B Patent Act C Industrial Design Act D Copyright Act QUESTION 14 Which of the following is not protected by copyright A Photographs B Trade secrets C Newspapers D Sheet music QUESTION 15 Techno Ltd have produced a technological device that is in such high demand that they are finding it difficult to keep up with orders They patented it in Canada right at the outset however, now it is highly desired by consumers in the United States, Sweden, and other countries within the European Union (EU) Where is it protected at the moment A Canada and all other Commonwealth countries B Canada only C Canada,the United States, Sweden, and the EU D Canada and the United States

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QUESTION 1 How do you distinguish a tort action from a criminal action? A.Tort actions are concerned with harm to the state, while criminal actions

QUESTION 1

How do you distinguish a tort action from a criminal action?

A.Tort actions are concerned with harm to the state, while criminal actions are viewed in law as focusing on individuals.

B.Tort actions are concerned only with unintentional breaches, while criminal actions are viewed in law as focusing on harm to the state.

C.Tort actions are concerned with harm caused to individuals, while criminal actions are viewed in law as focusing on harm to the state.

D.Tort actions are concerned with contractual breaches, while criminal actions are viewed in law as focusing on harm to the state.

QUESTION 2

Which of the following is the best reason why a written contract should be precisely drafted?

A.It is always fairer for the party in the weaker bargaining position.

B.If a dispute arises the solution can be found in the language used in the contract.

C.The court will not insert or imply words into written contracts.

D.It is a form of protection for the party in the stronger bargaining position.

QUESTION 3

Which of the following iscorrectabout the privity of contract doctrine?

A.It allows any person(s) with a specific loss to bring an action.

B.It excludes parties to the contract from bringing an action.

C.It restricts the operation of a contract to those who are parties to it.

D.It allows any person(s) who suffered as a result of a breach to claim damages.

QUESTION 4

A party who is claiming that they were suffering from mental incapacity at the time they entered into a contract must show which of the following in order to set aside a contract?

A.The other party to the contract was not aware of the mental incapacity.

B.The mental incapacity was only temporary.

C.The other party to the contract was aware of the mental incapacity.

D.The mental incapacity was a permanent condition.

QUESTION 5

Which of the following are reasons that a contracts might be unenforceable?

A.Representation, failure to obtain independent legal advice, misrepresentation, and economic duress

B.Representation, economic duress, undue influence, and unconscionability

C.Economic duress, undue influence, misrepresentation, and unconscionability

D.Undue influence, failure to obtain independent legal advice, misrepresentation, and economic duress

QUESTION 6

Which of the following is most likely to be considered an example of economic duress?

A.A theatre needs renovations in time for the opening of a sold-out run of a popular play, and the theatre management is negotiating contracts with multiple construction companies.

B.A theatre is being renovated for the opening of a sold-out run of a popular play, and midway through the renovations the construction company demands more money to complete the job.

C.A theatre needs renovations in time for the opening of a sold-out run of a popular play, and a construction company will not agree to conduct the renovations without more money than the theatre management is offering.

D.A theatre is being renovated for the opening of a sold-out run of a popular play, and during the renovations the construction company fires ten employees without providing sufficient notice.

QUESTION 7

Kumail has justpurchased his first home. His ownership rights include that he canpossess the property indefinitely, can sell or lease the land, andcan secure loans against the property. He is not, however, entitled to build a pool on his property due to zoning restrictions. What type of ownership interest does Kumailhave in his new home?

A.Remainder interest

B.Leasehold estate

C.Life estate

D.Fee simple

QUESTION 8

Which of the following isincorrectwith respect to real property?

A.Technically, only the government owns land.

B.Exclusive possession means that the tenant may exclude all others from the property except the landlord.

C.Intangible property describes something one can own or have rights to but that has no physical substance.

D.Personal property includes chattels, choses in action, and intellectual property.

QUESTION 9

Which of the following is most likely to amount to the tort of nuisance?

A.Seo-jun has built a sun lounge in her backyard without soundproofing it.

B.Zane hosts an outdoor engagement partyfor his friends,June and Sam, that ends by 12AM.

C.Barbara has been carrying out home renovations for the past eight weeks that begin at 6 am and end at 6 pm.

D.Jamal throws an outdoor barbecueevery weekend in the summer, causing smells from the grill to waft through the neighborhood.

QUESTION 10

Co-Ownership Agreements help to protect each tenant's investment in a property. The purpose of an indemnity clause in such an agreement is to:

A.Outline the process for making decisions and for resolving disputes.

B.Enable each partner to seek compensation for any losses caused by the negligence, misrepresentation, or misconduct of one or more of the partners.

C.Codifythe duty of fairness,good faith, and loyalty as conditionsof the co-ownership arrangement.

D.Detail how repairs and maintenance will be paid for, and exactlyhow much will each tenant contribute.

QUESTION 11

Russell co-owns a house with three of his friends.They have structured their ownership of the property as a joint tenancy. Over time, Russell grows tired of the fact that his friends make a lot of noise late into the night, because he works construction and has to get up at 4 AM. Which of the following isnota way that Russell could sever the joint tenancy?

A.By obtaining a court order forthe partition and sale of the land.

B.By deciding to sell his interest in the property to another friend.

C.By ending theunity of tenancy.

D.By Russell's creditors bringing an application to sever the joint tenancy so that Russell's shareof the property can be sold to pay his outstanding debts.

QUESTION 12

Which of the following isnota way that intellectual property is protected?

A.Copyright

B.Agency

C.Trademark

D.Patent

QUESTION 13

Belinda runs a small theatre company and is about to begin a production of the first Harry Potter book by JK Rowling. She cannot afford to purchase copies of the book for all 20 members of the cast, so she plans to photocopy the amount that she needs. What is the legislation that would govern this?

A.Trademarks Act

B.Patent Act

C.Industrial Design Act

D.Copyright Act

QUESTION 14

Which of the following isnotprotected by copyright?

A.Photographs

B.Trade secrets

C.Newspapers

D.Sheet music

QUESTION 15

Techno Ltd have produced a technological device that is in such high demand that they are finding it difficult to keep up with orders. They patented it in Canada right at the outset; however, now it is highly desired by consumers in the United States, Sweden, and other countries within the European Union (EU). Where is it protected at the moment?

A.Canada and all other Commonwealth countries

B.Canada only

C.Canada,the United States, Sweden, and the EU

D.Canada and the United States