1) What is the control test?
2) What is the organization test?
3) What is the difference between an employee and independent contractor? Why does it even matter?
4) Go to the index of your textbook, and look up “fiduciary”. Then go to each page where fiduciary duty is referenced. List the circumstances of when a fiduciary duty is created.
5) When could someone sue for a breach of fiduciary duty? What are the arguments a defendant could make against such a claim?
6) How can a partnership be created? How can a partnership be terminated? What does each partner owe each other? Who is legally responsible in a partnership?
7) A friend of yours is considering whether to become a director of a corporation, what legal information would you give him/her?
8) How would you describe copyright? What piece of legislation governs it?
9) How would you describe patents? What piece of legislation governs it?
10) How would you describe trademarks? What piece of legislation governs it?
11) How would you compare and contrast the types of intellectual property? What do you think the most important elements of each type are?
12) What does a plaintiff have to prove to succeed in a claim of passing-off? How does the tort of passing off relate to intellectual property?
13) What is the focus of the court’s analysis when determining a passing off or trademark infringement case?
14) How do the remedies for intellectual property compare to the remedies for negligence?