What is copyright infringement?

Using work protected by copyright without permission.

Who is a Copyright Owner

A person or a company who owns the rights to a work

What is the purpose of the Employment standards Act?

So everyone understands rights and responsibilities at work

What hint can help in a smooth termination?

Conduct the meeting calm and be brief

What is Intellectual Property?

The recorded expression of thoughts and ideas

Arnie is an 80 yr delivery driver. He had 3 accidents this week. Employer calls him into the office to fire him ...

they probably have cause since they seem to have a legitimate reason

What is the meaning of discrimination

Less favourable treatment on prohibited ground

What is intellectual property?

An owned idea or concept that has commercial value

Billy works at a retail store and makes $18 an hour. Which of the following is true with regard to overtime pay?

If Billy works over 40 hours in a week, he gets $27 an hour for any hours o

Shayda's employer requires medical scrubs. Her religious practices require that she wear hijab, the employer should...

change the requirement to allow for a reasonable accommodation

Fill in the blank: 'If the tortfeasor is an independent contractor...

...the employer will not be vicariously liable for them.'

Which of the following is NOT true with regard to the monitoring of employee communications in the workplace?

Employers may monitor any communication that occurs in the workplace.

legal protection of the words/symbols for use by a company

Which of the following is not an example of unfair dismissal

Receiving notice that your last day of work will be in one year

Is Your Co-op Job Covered under the Canada Employment Standards Act?

There is no Canada Employment Standards Act

Which of the following is NOT a consideration an Arbitrator in assessing if the penalty is appropriate

the employment contact between the employee and employer

Harry with a beard is applying at Clean Shave Corp. he is the most qualified for the position this action might be...

Legal, as having a beard is not a protected class

What does a copyright protect?

literary works, musical works, artistic works, and software

What is Systemic discrimination?

Discrimination woven into the fabric of society

Which of the following is true of an independent contractor?

is one who works as and when required.

Which is NOT true about the Employee's Duty to Mitigate, the employee...

is required to take or look for a lower-level job

This is NOT an element of constructive dismissal

The breach of contract can be trivial or major

Anthony is provided a cell phone as a part of his job. In terms of privacy protections, Anthony:

Should have low expectations as the device is furnished by the employer and

What is copyright infringement?

Using work protected by copyright without permission.

Big Corp requires a college degree for employment. Though seemingly an objective qualification, it may be discriminatory

It may be a form of systemic discrimination

studbud

IP and Employment Law

99 termsStudBud Administration3,254 plays

Imported from external platform

Flashcards99 cardsFPractice quizPHost liveL

Questions 99

Answers

1
What is copyright infringement?
None of the above
Infringing something that is copyrighted.
When you don't go to homecoming.
Using work protected by copyright without permission.
2
Who is a Copyright Owner
A work means to distribute copies
A form of protection given to the author
A person or a company who owns the rights to a work
Licenses that provide a flexible range of protection
3
The procedure for resolving disputes contained in union contracts starts with ...
A Claim
A Statutory Collective Claim
A Grieveance
A Complaint
4
If you receive a severance payment, you must include this amount in your income for tax purposes
FALSE
TRUE
MAYBE
IT DEPENDS
5
What is the purpose of the Employment standards Act?
To make the government more money.
To help vulnerable workers
To provide employment opportunities
So everyone understands rights and responsibilities at work
6
An employer is liable for the negligent tort of an employee when the employee:
Acting with her employer's implied authority
Acting with her employer's express authority
All of these
Was acting in the scope of her employment
7
What hint can help in a smooth termination?
Conduct the meeting calm and be brief
Saying "You're Fired!" Repeatedly throughout
Have someone else do it
Giving absolutely no reason
8
What is Intellectual Property?
University buildings
Land for libraries
The recorded expression of thoughts and ideas
Roger Batchelors pet rock collection
9
What type of intellectual property applies (or should apply)?
Patent
Trademark
Copyright
Limited Copyright
10
Leora's new boss does not like working with women and fires her to hire a man. This is:
Discriminatory impact
Constructive dismissal
A bad reason, but her employer's choice
Discriminatory treatment
11
Arnie is an 80 yr delivery driver. He had 3 accidents this week. Employer calls him into the office to fire him ...
they do not have cause since he will be protected by the Human Rights Act
they probably have cause since he is old
they probably have cause since they seem to have a legitimate reason
They have a duty to accomodate him and offer him another position
12
What is the meaning of discrimination
Less fair treatment
Less favourable treatment on prohibited ground
More favourable treatment
Unfair treatment
13
Remedies for Wrongful dismissal: Money Damages
For Mental Distress, connected to incorrect termination
Cover Notice period
All of these
Punitive Damages: Egregious conduct at dismissal
14
Seniority refers to
Understanding the benefits of hiring old workers
Discrimination on the basis of age
Respect for your Seniors like Roger Batchelor
First in Last out
15
What is intellectual property?
Your brain
An owned idea or concept that has no commercial value
A servant that does your math homework
An owned idea or concept that has commercial value
16
Lying on your resume can be grounds for termination from a job.
FALSE
TRUE
17
The local jail for female offenders is hiring guards and put in the posting that applicants must be female. This is:
Illegal sex discrimination
An undue hardship on men
ok since women are better workers
Potentially a BFOR
18
Your copyright to your own work is actively defended by:
you.
the R.C.M.P.
municipal police.
the Canadian Copyright Agency.
19
Billy works at a retail store and makes $18 an hour. Which of the following is true with regard to overtime pay?
If Billy works on Sunday or a holiday, he gets double time or $36 an hour.
If Billy works over 160 hours in a month, he gets $27 an hour for any hours
If Billy works over 40 hours in a week, he gets $27 an hour for any hours o
Billy is not entitled to overtime pay because retail store workers are exem
20
What is NOT a reason for a teacher's dismissal with cause?
Insubordination
A male teacher wearing a dress
Neglect of duty
Use of drugs or intoxicants
21
Shayda's employer requires medical scrubs. Her religious practices require that she wear hijab, the employer should...
change the requirement to allow to have affirmative action at work
keep the requirement since changing it would be religious discrimination
keep the requirement since changing it would cause an undue hardship
change the requirement to allow for a reasonable accommodation
22
What type of intellectual property applies (or should apply)?
trademark
copyright
information rights
patent
23
What Does a Copyright Protect?
Literary ideas
Familiar logos
Ideas, procedures, systems, concepts, or principles
Musical and dramatic works
24
Fill in the blank: 'If the tortfeasor is an independent contractor...
...the employer will have no liability for them whatsoever.'
...this will make no difference to the case at hand.'
...the employer will not be vicariously liable for them.'
...the employer may still be liable for them.'
25
Which of the following is NOT true with regard to the monitoring of employee communications in the workplace?
Employers may monitor any communication that occurs in the workplace.
Employers may monitor personal communications with consent.
Employers may monitor company email.
Employers may monitor communications on employer-provided devices.
26
Zion Bible School looking for new faculty members, can they make Christianity a requirement
No its surely discriminatory
They just have to create a bible test and hire those who pass
It might be a BFOR
they are required to hire all religions
27
An independent contractor is an employee.
FALSE
TRUE
28
which of these would violate an employment regulation?
not hiring someone because they are female.
firing an employee in an unfair manner.
all of these
not securing the health and safety of employees.
29
What type of intellectual property applies to these google glasses(or should apply)?
It patent
patent
copyright
trademark
30
What is a trademark
complete set of all products by a company
A word
group of similar products
legal protection of the words/symbols for use by a company
31
Which of the following is not an example of unfair dismissal
Belief there was no valid reason for dismisal
Termination due to race
Termination due to disability
Receiving notice that your last day of work will be in one year
32
Is Your Co-op Job Covered under the Canada Employment Standards Act?
There is no Canada Employment Standards Act
As long as I have over a 3.0 GPA
Yes
It depends on which College I attend
33
How long does an industrial design last for?
Lasts for 12 years.
Lasts for 30 years.
Lasts for ten years.
Lasts for life.
34
Which of the following is NOT a consideration an Arbitrator in assessing if the penalty is appropriate
the employment contact between the employee and employer
•ances negating intent
premeditation
economic hardship
35
Harry with a beard is applying at Clean Shave Corp. he is the most qualified for the position this action might be...
Illegal discrimination against those with beards
Legal, as having a beard is not a protected class
Illegal, since he is the most qualified
Legal, as beards are a statutory exception to discrimination laws
36
Can you get fired for making racist comments?
Not if you were only joking
No
Not if the person you are speaking to is okay about it
Yes
37
When can the employer dismiss without notice and not wrongfully dismiss them?
Cases involving children
unfair dismissal situations
Misconduct Situations
Serious Misconduct situations
38
What does a copyright protect?
A new line of food.
literary works, musical works, artistic works, and software
Any restaurant or company that sells other products.
Micheal Vourakes last name
39
Which of the following are created by industrial designers?
Menus
Furniture
Illustrations
Architecture
40
How much severance pay are you entitled to after 12 months of work?
A month
2 weeks
A week
12 months
41
What is Systemic discrimination?
Discrimination that is acceptable in society
Discrimination woven into the fabric of society
Discrimination that is direct
Discrimination that influences government policy
42
Which of the following is true of an independent contractor?
be a biz or corp. that provides goods/services w/out terms.
works regularly for an employer.
is one who works as and when required.
receives benefits such as health insurance, bank loans, IRA
43
Which is NOT true about the Employee's Duty to Mitigate, the employee...
is required to take or look for a lower-level job
failure to mitigate will result in a deduction from the damage award
must take reasonable steps to find comparable or similar employment
should keep track of all attempts to find work
44
What does the Employment Standards Act cover
It prevents abuse of an employee
All of these
It covers most workers in Ontario
entitlement to vacation time, overtime pay, and leaves.
45
This is NOT an element of constructive dismissal
The breach of contract can be trivial or major
Employee must leave the employment because of the conduct of the Employer
There must be a breach of the contract by the Employer
The Employee must leave as soon as possible
46
This factor also helps to decide who is an employee or an Independent Contractor
Type of work
Skill
Knowledge
Education
47
Can this be a logo that gets Intellectual property protection
Maybe
No
Idk
Yes
48
Anthony is provided a cell phone as a part of his job. In terms of privacy protections, Anthony:
Should have high expectations as phone calls often discuss sensitive issues
Should have low expectations as the device is furnished by the employer and
Should have low expectations since cell phone calls are always overheard
Should have high expectations as calls cannot be monitored on the ECPA
49
What is copyright infringement?
Infringing something that is copyrighted.
When you miss class for illness, email Roger, he sees you in the mall later
Using work protected by copyright without permission.
None of these
50
Big Corp requires a college degree for employment. Though seemingly an objective qualification, it may be discriminatory
Definitely not
It may be a form of systemic discrimination
It may be discrimination on a prohibited ground
It may be a form of gender discrimination
51
Which of the following is NOT important in determining the appropriate notice period
Inducement to join an organization
Age, Gender and Race
Custom and industry practice
Personal Characteristics
52
Lee uses marijuana. As a part of a random drug testing program she tests positive at work
The employer has aduty to accomodate her using it
She can use it at work, no problem
Since its legal to use, the employer cannot do anything
even though using it is legal she could lose her job
53
Labor Law is all about......
Rights Of Students
Rights of Employees
Rights between Union and Employer
Right of Pregnant Women
54
employment contracts are...
legal
legally binding, formal agreement
enforceable by the government
necessary
55
the employee can dismiss for misconduct if there have been previous?
formal warnings
informal warnings
telling off's
bad behaviour
56
What is Wrongful Dismissal or Termination?
Dismissed without proper reason and proper notice
Dismissed based on race, sex, religion, etc.,
Dismissed with reason
Two of these answers
57
Which of these is not covered by the Employment Standards Act of Ontario?
Federal Employee standards
Hours worked
Equality
All of the these are not covered
58
You are not required by law to be honest on your job application.
False
True
59
What is 'intellectual property'?
Things you've created that should have legal protection
Property owned by Roger Batchelor
Ideas for books or songs
Things you think you own
60
Which of these would constitute constructive dismissal?
Change in working hours from 9-5 to 8-4
Change in cleaning duties from dusting to vacuuming and dusting
A change in geographic location from Toronto to Vancouver
Change in a compensation package of 2%
61
After one year of employment, you are entitled to two weeks vacation
False
True
62
What type of intellectual property applies (or should apply)?
trademart
industrial design
copymark
information patent
63
employment contracts are...
necessary
legal
enforceable by the government
legally binding, formal agreement
64
How long does a trademark last for?
Lasts forever as long as it is renewed every month.
Trademarks last for 15 years and are renewable.
Only lasts for 1 year but can be renewed.
Trademarks last as long as your company makes money.
65
What is Employment Law?
The lawsuit against all employers who disobey their bosses
The right to work in Canada
Governs the rights between individuals and their employers
The law that states all people over 18 must work
66
What type of intellectual property applies (or should apply)?
trademark
patent
copyright
Trade name
67
what is copyright?
data protection
copying an incorrect answer when cheating on a test
protecting people's work
protecting someone's concept
68
How long does copyright last?
14 years
Lifetime
You cant fully get it until after you die
Lifetime + 50 years
69
The employment contract in a unionized environment is...
The Implied terms of the Ontario Labour Standards Code
The implied terms of the Canada Employment Standards Act
the collective agreement
the employment contract between the employer and the employee
70
Which is not a cause for dismissal
Using multiple sick days in a given month
insubordination
Neglect of conduct
immorality
71
What is the purpose of the Employment Standards Act?
To provide employment opportunities
So everyone understands rights and responsibilities at work
To help you get a better job
To make the government more money.
72
Copyright can help against...
Stealing your work, such as songs
Stealing your work such as your purse
Sickness
Bad Guys from Lambton
73
What is a trademark?
Assists in protecting your ideas for publication
a form of protection for authors' original works
protects an invention or process for a certain # of years
symbol or words legally registered to represent a company
74
Which of the following is when an employer and employee enter a contract for a specified period of time?
at-will employment
vesting
term employment
statutory exception
75
Define copyright
A work that is based upon one or more pre-existing works
Licenses that provide a rate of protection to partners
Protection given to an author's original works or authorship
Taking someone's work and calling it yours
76
The government gives the inventor a patent a time period to exclude others in exchange for . . .
$1,000,000
Disclosure of how to make the invention
Trademarks
A percent of the profits
77
What type of intellectual property applies (or should apply)?
copyright
trademark
patent
morality
78
When acting as an employee rather than an independent contractor, a sales associate may be obligated to...
list properties in the sale associate's own name
work set hours
personally pay all withholding taxes
accept commission from another broker
79
A small business owner can dismiss an employee without notice if the employee:
Yells at the owner
Leaves the work premises without an adequate reason
Is guilty of serious misconduct
Comes late twice to work
80
What type of intellectual property applies (or should apply)?
patent
trademark
copyright
Design
81
what is an example of an employment regulation?
environmental protection legislation
ESA
consumer protection
goods and services tax
82
After 10 years of being a great employee, Terry got into a physical fight with a customer, Terry can be dismissed with
cause since his behaviour would amount to serious misconduct
without cause because he had 10 years of good employment
cause, since his employer paid taxes on his behalf for 10 years
without cause since customers should not aggravate employees
83
What does the Employment Standards Act cover
entitlement to vacation time, overtime pay, and leaves.
It prevents abuse of an employee
All of these
It covers most workers in Ontario
84
Which one is not a dismissal
employer terminates the contract before its over
Employer creates a toxic work environment and employee quits
employee leaves to go to another job
employee resigns on the basis of constructive dismissal
85
Constructive dismissal...
When you hate your job and quit
You accept new job and give notice
Just cause
Fundamental changes to employment terms, employee accepts or quit
86
can you dismiss someone unfairly if they have less than 2 yrs service
yes
no
Only if they are under 18
If Roger Batchelor says its okay
87
The Employment Standards Act5
Cannot protect against people being penalized for sick days
Requires employees to give two weeks notice when quitting
Set the minimum wage at $14.75
Covers rights and responsibilities of employers & employees
88
Sarah doesn't like men is promoted to supervisor. She knows she can't just fire all the men, so she makes life difficult
if she is the same to women it is ok
so long as she doesn't fire them she is ok
this is constructive dismissal
the men can quit and then sue
89
What is Wrongful Dismissal or Termination?
Dismissed based on race, sex, religion, etc.,
Dismissed without proper reason and proper notice
Dismissed with reason
Dismissed on time
90
Joe is a prolific social media user and poster and does not always filter what he posts. With regard to employment, Joe:
Should have no concerns as social media usage is protected by the Charter
Should have no concerns his posts, as his off-the-clock life is protected
Should be careful, his public posts could be used against him in employment
Should be careful as his public posts are nothing people want to see
91
Which one of these is NOT included in Intellectual Property?
Trademark
Patent
Patient
Registered Design
92
The most appropriate way to dismiss (fire) an employee would be:
Billboard
Face-to-face conversation
Announcement at a staff meeting
Carrier pigeon
93
What Element of Design is prominent in this industrial design?
hierarchy
penchant
form
pendant
94
termination of employment by the employer because the job is no longer needed
Retirement
Dismissal
Redundancy
Resignation
95
What is an industrial design?
A design that is only made by hand for public use.
A logo that is trademarked.
A big companies design for a replica of another product.
A design with distinctive features setting apart from other.
96
The most important factor in determining employee vs independent contractor status is
detrimental reliance of the worker
amount of control by employer
hours worked
whether he is disclosed
97
Which of the following is NOT a common discriminatory employment practice?
Overtime pay
Help Wanted Ads
Educational Requirements
Preference to Relatives
98
If you infringe on someone’s copyright, you may be:
perfectly fine!
OK if you are under 18 years of age.
arrested for breaking the law.
required to stop using the material.
99
What is the definition of religious discrimination?
Treating a person unfairly because they smell like cheese
Kidnapping little boys instead of both girls and boys
Treating a person unfavorable due to their beliefs
Treating one lesser than others due to their place of birth

IP and Employment Law Flashcards | StudBud