Case Studies: Legal Analysis and Conclusion

The assignment consists of three case studies: Laura's purchase and upload of a painting, Flabio's sale of his brother Alex's play without permission, and Joey's sexual harassment of Pacey. Each case is analyzed in detail, considering relevant facts, rules, mental states, conduct, damage, and conclusions. The analysis covers copyright infringement, intellectual property rights, and the legal implications of each case.

Running head: LEGAL STUDIES
Case studies
Name of the student:
Name of the university:
Author note

1LEGAL STUDIES
Table of Contents
Answer to question 1..................................................................................................................3
Relevant Facts:.......................................................................................................................3
Rules:......................................................................................................................................3
Analyse of the rule:................................................................................................................3
Mental state:.......................................................................................................................3
Conduct:.............................................................................................................................3
Damage:.............................................................................................................................3
Fact pattern:............................................................................................................................4
Conclusion:.............................................................................................................................4
Answer to question 2:.................................................................................................................4
Relevant Facts:.......................................................................................................................4
Rules:......................................................................................................................................4
Analyse of the rule:................................................................................................................4
Mental state:.......................................................................................................................4
Conduct:.............................................................................................................................4
Damage:.............................................................................................................................5
Fact pattern:............................................................................................................................5
Conclusion:.............................................................................................................................5
Answer to question 3:.................................................................................................................5
Relevant Fact:.........................................................................................................................5
Rules:......................................................................................................................................5

2LEGAL STUDIES
Analyse of the rule:................................................................................................................5
Mental state:.......................................................................................................................5
Conduct:.............................................................................................................................6
Damage:.............................................................................................................................6
Pattern of the fact:..................................................................................................................6
Conclusion:.............................................................................................................................6

3LEGAL STUDIES
Answer to question 1
Relevant Facts:
The main fact of the case is that Laura has purchased the painting from a local
artist Marisa and uploads the picture of the said painting in the social media. This activity of
Laura has not attracted the provision of the copyright Act as all the rights over the painting of
the original creator has been transferred to Laura.
Rules:
The case is based on the Copyright Act. Copyright is a legally enforceable right
given to any person to protect their intellectual properties such as any creation etc. According
to the right, the creator of any original work should hold certain exclusive rights over their
creation and no other person is allowed to use, copy or reproduce the same without obtaining
any permission from the creator. However, the creator can transfer his copyright to other by
way of selling the product.
Analyse of the rule:
Mental state:
Laura has not uploaded the painting with an intention to breach the Copyright.
Conduct:
Laura has uploaded the picture by stating the fact that she had bought the painting. Therefore,
it is clear from the statement that the rights of Marisa have been transferred to her and she can
enjoy the right.
Damage:
There is no damage at all.

4LEGAL STUDIES
Fact pattern:
The pattern of the fact is based on the conduct of the parties. Laura has uploaded
the picture of the painting.
Conclusion:
Laura has not infringed any copyright.
Answer to question 2:
Relevant Facts:
It has been observed in this case that Alex has dictated a play to his brother and his
brother has sold the same to others and earns profit from there. Therefore, the main legal
issues that cropped up from the case are whether Flabio, brother of Alex has violated the
exclusive rights of Alex or not.
Rules:
According to Copyright Act of Canada, no person can claim an art of others and
earn money from the same. According to the Copyright Act, the creator of any drama or
literature has exclusive rights over the same and no one is allowed to reproduce the same
without the permission of the original creator.
Analyse of the rule:
Mental state:
Flabio has an intention to gain illegal profit from the works of his brother.
Conduct:
He has made an infringement to the rule of copyright.

5LEGAL STUDIES
Damage:
His brother has to face damage due to his work.
Fact pattern:
All the three patterns i.e. mental state of the infringement maker, his illegal
conduct of imitating the work of his brother and damage suffered by the creator of the play
have been observed in this case.
Conclusion:
Flabio has violated the exclusive rights of Alex.
Answer to question 3:
Relevant Fact:
The case is based on sexual harassment. It has been observed that being refused by
Pacey on several occasions, Joey is asking her for a date. This reflects that Joey is asking for
date against the consent of Pacey.
Rules:
According to Criminal Code, Canada, Sexual harassment is an act that is done with
certain sexual purpose. It must perform against the will of other person. There are two types
of sexual harassment can be seen; quid pro quo sexual harassment and hostile environment
sexual harassment. The later is applicable in this case.
Analyse of the rule:
Mental state:
Joey has an intention to take Parcey in date and he has certain wrong motive, as he is asking
for date in spite of her several refusals.

6LEGAL STUDIES
Conduct:
His acts come under the purview of sexual harassment.
Damage:
His acts cause damage to Pacey as she was suffering from mental agony. .
Pattern of the fact:
Considering the fact, it can be stated that Pacey has to suffer from mental agony by
the conduct of Joey. Therefore, mental state and conduct have been observed in this case.
Conclusion:
Joey is liable for hostile environment sexual harassment.