Study Flashcards

Question: Is property considered a 'relationship' rather than a 'thing'?

Answer: True

Question: What are some common ways ownership of property can change?

Selling
Bequeathing
Both A and B

Answer: Both A and B

Question: __________ includes rights to things like pensions, jobs, and housing according to Charles Reich.

Answer: New property

Question: What are some challenges related to the concept of 'new property'?

Answer: Challenges include issues like environmental stewardship and Indigenous land claims.

Question: In the case JCM v. ANA, the BC Supreme Court determined that sperm straws are considered property.

Answer: True

Question: What was the ruling in the case Moore v. Regents of the University of California regarding the patient's cells?

He had proprietary rights over the cells.
He had no proprietary rights over the cells.
He could sell the cells for profit.

Answer: He had no proprietary rights over the cells.

Question: In Saulnier v. Royal Bank of Canada, the court determined that fishing licenses are considered __________ property.

Answer: intangible

Question: Describe the concept of shopping malls according to Victor Gruen.

Answer: Victor Gruen conceptualized malls as public spaces with a mix of commercial and community areas.

Question: In the case Harrison v. Carswell, the Supreme Court ruled that shopping centre owners cannot exclude individuals even with public access.

Answer: False

Question: What did the court uphold in the case Committee for the Commonwealth of Canada v. Canada in 1991?

The right to exclude individuals from public spaces.
The right to peaceful activities like picketing in shopping centres.
The right to free speech in public spaces.

Answer: The right to exclude individuals from public spaces.

Question: The Assisted Human Reproduction Act prohibits the purchase of _________ and ________.

Answer: sperm, ova

Question: Explain the need for regulation of human body parts.

Answer: Regulation is driven by technology, economic gain, and biotech industries.

Question: Victor Gruen was a Canadian architect known for his work on shopping malls.

Answer: False

Question: What was the main idea behind Victor Gruen's concept of shopping malls?

To create private commercial spaces.
To provide public spaces with a mix of commercial and community areas.
To prioritize downtown retail spaces.

Answer: To provide public spaces with a mix of commercial and community areas.

Question: Indigenous peoples governed land through their own laws and customs before European settlement in Canada.

Answer: True

Question: What did the Treaty of Paris (1763) establish for England in Canada?

Control over Canada's land laws
Indigenous land rights
Legal framework for land dealings

Answer: Control over Canada's land laws

Question: Land in Canada is held from the __________, reflecting a feudal system.

Answer: Crown

Question: What is the Doctrine of Tenure and why is it important in Canadian land law?

Answer: The Doctrine of Tenure reflects a feudal system where land is held from the Crown, not owned outright, and it remains foundational to Canadian land law.

Question: The Statute Quia Emptores (1290) ended subinfeudation, simplifying land transfers.

Answer: True

Question: Which type of tenure involves limited rights and obligations tied to the land?

Free tenure
Unfree tenure
Life estate

Answer: Unfree tenure

Question: The Reception Doctrine introduced English common law in Canada after the __________.

Answer: Treaty of Paris

Question: Describe the interaction between French Civil Law and English common law in Canada.

Answer: French Civil Law governs Quebec property law, while English common law applies elsewhere in Canada.

Question: The Royal Proclamation of 1763 recognized Indigenous land rights in Canada.

Answer: True

Question: What does the Treaty of Niagara (1764) reinforce?

The Doctrine of Tenure
The Royal Proclamation's principles
The Reception Doctrine

Answer: The Royal Proclamation's principles

Question: In Canadian land law, the concept of escheat is no longer relevant.

Answer: False

Question: What is the main difference between civil law and common law in terms of land ownership in Canada?

Civil law is allodial, while common law is based on tenure.
Civil law is based on feudal concepts, while common law is allodial.
Civil law is influenced by Indigenous governance, while common law is based on English traditions.

Answer: Civil law is allodial, while common law is based on tenure.

Question: The Royal Proclamation of 1763 and the Treaty of Niagara are central to Indigenous _________ claims.

Answer: land

Question: Describe the significance of the Doctrine of Estates in Canadian property law.

Answer: The Doctrine of Estates defines different types of interests in real property, such as fee simple, life estate, and fee tail, shaping the rights and responsibilities of landholders.

Question: In Canadian land law, fee simple estates can only be passed on to lineal descendants.

Answer: False

Question: What are the three main rights associated with fee simple estates?

Usus, Fructus, Abusus
Ownership, Lease, Sale
Use, Profit, Alteration

Answer: Usus, Fructus, Abusus

Question: Life estates cease upon the _________ of the holder.

Answer: death

Question: Explain the difference between inheritable and non-inheritable estates in Canadian land law.

Answer: Inheritable estates, like fee simple and fee tail, can be passed on to heirs, while non-inheritable estates, like life estates, revert back to the grantor or another designated person.

Question: The fee tail estate is still allowed in all Canadian provinces.

Answer: False

Question: What is the main purpose of the Doctrine of Estates in land law?

To define different types of land ownership interests
To restrict land ownership to specific lineal descendants
To simplify the process of land transfers

Answer: To define different types of land ownership interests

Question: In estate law, does a life estate grant the holder full ownership of the property?

Answer: False

Question: Which type of estate allows the holder to use the property during their lifetime but does not grant full ownership?

Fee Simple
Life Estate
Absolute Interest

Answer: Life Estate

Question: ______ is a clause in a will that attempts to pass property to another individual after the initial recipient's death.

Answer: Gift over

Question: What role do lawyers play in advising clients on estate creation?

Answer: Lawyers advise clients on structuring property transfers, ensuring documents are clear and preventing future legal disputes.