Mcs 3040 Midterm 1

Question 1

Substantive Law

Answer 1

The rights and rules that govern behaviour and set limits on conduct

Question 2

Procedural Law

Answer 2

Determines how substantive laws will be enforced

Question 3

Public Law

Answer 3

Includes Constitutional Law and determines how the country is governed and regulates our relationships with government

Question 4

Private (Civil) Law

Answer 4

Governs personal, social and business relationships

Question 5

French Civil Law

Answer 5

A list of rules stated as broad principles of law that judges apply to the cases that come before them

Question 6

What is stare decisis?

Answer 6

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision

Question 7

Law of Equity

Answer 7

Provides equitable relief/remedies when there is a recognizable right, but no remedy under the common law

Question 8

Paramountcy

Answer 8

Power of the federal and provincial governments can overlap considerably. If overlap is incidental, both laws are valid and operative

Question 9

What does ADR stand for?

Answer 9

Alternative Dispute Resolution

Question 10

Negotiation

Answer 10

Decision making is left in the hands of the disputing parties to work out for themselves

Question 11

Mediation

Answer 11

Neutral party assists the parties in coming to a resolution on their own

Question 12

Arbitration

Answer 12

Party makes binding decision in the matter under dispute

Question 13

The process of civil litigation

Answer 13

Before a decision is made to use, all avenues for settling should be tried.

Question 14

Jurisdiction

Answer 14

Court considers what is fair to the parties and an efficient resolution for the dispute

Question 15

General Damage Remedy

Answer 15

Pain and suffering or for future lost wages

Question 16

Special Damage Remedy

Answer 16

Reimburse the litigant for expenses or costs incurred before the trial

Question 17

Punitive Damage Remedy

Answer 17

Not to compensate the victim but rather to punish the wrongdoer

Question 18

Types of business organizations

Answer 18

Sole proprietorship, partnership, corporation

Question 19

Fiduciary Duty

Answer 19

A partner must act in the best interest of other partners

Question 20

Unlimited Liability

Answer 20

Partners’ liability is not limited to the assets of the partnership

Question 21

Dissolution of a partnership

Answer 21

Partnership can be dissolved by request to the court

Question 22

Corporation

Answer 22

A legal entity, separate from the people who own and control it

Question 23

Limited Partnership

Answer 23

Allows some partners to have limited liability, but only if the partnership operates under business name with LP as suffix

Question 24

Separate Legal Entity

Answer 24

An “owner” owns shares that can be bought and sold. Shareholders are always changing and they do not own any assets of the business

Question 25

Shareholders ________ and corporation (separate legal entity) ________

Answer 25

Buy shares; buys assets

Question 26

Termination of Corporation

Answer 26

May be voluntary (winding up) or involuntary (through bankruptcy or neglecting to file annual return)

Question 27

Five types of intellectual property

Answer 27

Copyright, patent, trademarks, industrial design, and integrated circuit topography

Question 28

Copyright

Answer 28

The monopoly to copy or reproduce a created work

Question 29

Copyright lasts how long?

Answer 29

For artists and authors: 50 years after death; For corporations: 50 years

Question 30

Patent

Answer 30

The exclusive right to produce, market and sell or otherwise profit from a specific invention

Question 31

To qualify for a patent the invention must be:

Answer 31

New, original work, unique, useful, and distinguishable

Question 32

What can't be patented?

Answer 32

Scientific principles or abstract theories, products designed for illegal reasons, computer programs (Canada)

Question 33

Trademarks

Answer 33

Protect terms, symbols, designs, sounds or colours that identify a product or company and distinguishes it from a competitor

Question 34

Industrial Design

Answer 34

Registration of a unique shape, design, or pattern

Question 35

How long does industrial design last?

Answer 35

15 years, must pay maintenance fee after 5 years

Question 36

Integrated Circuit Topography

Answer 36

Protects 3-D design of integrated circuits

Question 37

How long does integrated circuit topography last?

Answer 37

Registration protects for 10 years

Question 38

Infringing copyright includes:

Answer 38

Benefiting from sale reproduction, distribution, or other commercial use of the work, plagiarism, and someone else asserting authorship

Question 39

Interlocutory injunction remedy

Answer 39

Stops infringement before the trial

Question 40

Anton Piller order remedy

Answer 40

Court order to seize material from manufacturer or distributor

Question 41

Permanent injunction remedy

Answer 41

Prohibiting the production, sale, or distribution of the product

Question 42

Damages remedy

Answer 42

Compensates victim for losses suffered

Question 43

How long does a patent last?

Answer 43

Patent grants monopoly for 20 years

Question 44

Mortgage

Answer 44

Involves the debtor borrowing money and giving the creditor a claim against their property (land and building) as added security in the event of default

Question 45

Law of Finders

Answer 45

Finder gets good title against all but the original owner

Question 46

According to the Law of Finders, who gets the right when found in a public or private space?

Answer 46

Public - the finder; private - the owner of the place

Question 47

Quiet Enjoyment

Answer 47

Landlord must ensure that nothing interferes with tenant's normal use of the property

Question 48

Forfieture

Answer 48

Tenant is forced to vacate the premises accomplished by changing of locks or eviction

Question 49

Relief against forfeiture

Answer 49

Equitable principle allowing tenant to have lease reinstated

Question 50

Equity of Redemption

Answer 50

Right of mortgager to redeem property

Question 51

Foreclosure

Answer 51

Ends equity of redemption by setting a time limit

Question 52

Order of Judicial Sale

Answer 52

Application by creditor to have property sold

Question 53

Accounting Remedy

Answer 53

Entitlement to the amount lost in wage

Question 54

Special Performance Remedy

Answer 54

Court orders a party to go through with an act

Question 55

Declaration Remedy

Answer 55

Setting precedent to prevent future repetition

Question 56

Injunction

Answer 56

An order restraining a person from beginning or continuing an action