Question: Property in common law involves both rights and obligations.
Answer: True
Question: What is the concept of 'new property' according to Charles Reich?
Rights to physical objects only
Rights to intangible assets only
Rights to things like pensions, jobs, and housing
Answer: Rights to things like pensions, jobs, and housing
Question: ______ is the concept that property rights can change through selling, bequeathing, etc.
Answer: Ownership
Question: Describe the challenges associated with 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 key legislative response to the legal regulation of human body parts?
The banning of all reproductive technologies
The Assisted Human Reproduction Act
The requirement for mandatory organ donation
Answer: The Assisted Human Reproduction Act
Question: In the case Saulnier v. Royal Bank of Canada, fishing licenses were considered _________ property.
Answer: intangible
Question: Describe the concept of shopping malls as envisioned by Victor Gruen.
Answer: Victor Gruen saw shopping 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: Who argued for more protection for peaceful activities like picketing in the case of Harrison v. Carswell?
The property owner
The picketer, Sophie Carswell
Laskin CJ
Answer: Laskin CJ
Question: In the case Committee for the Commonwealth of Canada v. Canada, the issue revolved around public spaces and ________.
Answer: expression
Question: Discuss the tension between public and private dimensions in property law.
Answer: The tension arises from the need to balance private property rights with public access and use of spaces.
Question: In Canadian property law, land is owned outright by individuals.
Answer: False
Question: What is the Doctrine of Tenure based on in Canadian land law?
Feudal system
Capitalist system
Socialist system
Answer: Feudal system
Question: The Statute Quia Emptores (1290) ended __________ in land transfers.
Answer: subinfeudation
Question: Describe the interaction between English common law and Indigenous land rights in Canada.
Answer: English common law was introduced after the Treaty of Paris, with Indigenous land rights recognized through legal processes like the Royal Proclamation of 1763.
Question: The Treaty of Niagara (1764) reinforced Indigenous land rights recognized in the Royal Proclamation of 1763.
Answer: True
Question: What type of tenure involves possession for the duration of a person's life?
Fee Simple
Life Estate
Leaseholds
Answer: Life Estate
Question: Seisin referred to the right to physically possess land and perform ________.
Answer: duties
Question: Explain the impact of the Royal Proclamation of 1763 on Indigenous land rights.
Answer: The Royal Proclamation recognized Indigenous land rights and established legal processes for land use and cession, ensuring consent for land dealings.
Question: In Quebec, French Civil Law governs property law.
Answer: True
Question: Which doctrine recognized Indigenous land rights and set up a legal framework for land dealings in Canada?
Doctrine of Tenure
Reception Doctrine
Doctrine of Estates
Answer: Doctrine of Tenure
Question: Feudal concepts like tenure still influence Canadian land law today.
Answer: True
Question: What is the main difference between civil law and common law in terms of land ownership?
Civil law has allodial ownership, while common law has tenure-based ownership.
Civil law has tenure-based ownership, while common law has allodial ownership.
Both civil law and common law have allodial ownership.
Answer: Civil law has allodial ownership, while common law has tenure-based ownership.
Question: Canada's land law retains elements of its medieval past, particularly in ________ provinces.
Answer: common law
Question: Describe the Doctrine of Estates in land.
Answer: Estates in land refer to interests in real property, with different types like fee simple, life estate, and fee tail, each having specific rights and limitations.
Question: The Fee Simple estate allows indefinite possession, transfer, or sale.
Answer: True
Question: Which of the following is a right associated with the Fee Simple estate?
Right to use the land
Right to profit from the land
Right to alter or destroy the land
Answer: Right to alter or destroy the land
Question: Life estates may be followed by a future interest such as a ________.
Answer: remainder
Question: Explain the concept of Fee Tail in land law.
Answer: Fee Tail is a fee simple estate restricted to lineal descendants, passing only to direct descendants and reverting to the grantor if no heirs exist.
Question: Fee Tail estates are still allowed in Ontario.
Answer: False
Question: What is the main difference between inheritable and non-inheritable estates?
Inheritable estates can be passed on to heirs, while non-inheritable estates cannot.
Non-inheritable estates can be passed on to heirs, while inheritable estates cannot.
Both inheritable and non-inheritable estates can be passed on to heirs.
Answer: Inheritable estates can be passed on to heirs, while non-inheritable estates cannot.
Question: In estate law, does a life estate grant full ownership of the property to the holder?
Answer: False
Question: What happens to the remaining property in a will when a life estate holder attempts to will it away?
It goes to the individuals named in the holder's will.
It goes to the individuals named in the original will.
It goes to the government.
Answer: It goes to the individuals named in the original will.
Question: A life estate allows the holder to use the property during their lifetime but does not grant __________ ownership.
Answer: full
Question: Explain the concept of repugnancy in wills and its impact on estate distribution.
Answer: Repugnancy refers to clauses in a will that conflict with each other, with the courts typically voiding the conflicting clause.
Question: What is the role of lawyers in estate creation?
Providing financial advice to clients.
Ensuring documents are clear and prevent legal disputes.
Offering emotional support to clients.
Answer: Ensuring documents are clear and prevent legal disputes.
Question: Are fee simple holders subject to evolving views on environmental stewardship?
Answer: True
Question: Land stewardship involves balancing property rights with the responsibility to future generations and ____________ preservation.
Answer: environmental
Question: Discuss the importance of considering environmental stewardship in estate planning.
Answer: Environmental stewardship ensures that future generations inherit a sustainable and healthy environment.
Question: In estate law, can attempts to limit a recipient's control be deemed void due to repugnancy?
Answer: True
Question: When a will grants an absolute estate, what happens to attempts to limit the recipient's control?