Questions and Answers of Business Law Legal Environment

Under what circumstances might one neighbour sue another for nuisance?
Joe wandered onto Sam's land not realizing that he crossed the property line. In the process he trampled Sam's prize rose bush. Sam found him there and sued him for trespassing. Explain the likely
Explain the obligation of an owner or occupier of land for injuries suffered by a trespasser and others using that land.
Will anything short of complete restraint amount to imprisonment?
A truck was driven right into the family room of a home causing $14,000.00 worth of damage. The driver was impaired so the owners called the police. The driver was arrested and charged with an
Why is trespass to land considered an intentional tort? Under what conditions does a trespass occur? What is a continuing trespass?
Following a broadcast on the TV station the night before about a councilman having been pulled over for drunk and driving, Joe, a political cartoonist, drew a political cartoon of a local city
Explain what is required to establish a false imprisonment.
Explain how the courts determine whether a duty of care exists in a negligence action?
Paul invited several friends over to celebrate Ann’s birthday. About an hour before the guests arrived Paul bought some sparkling wine and put it in his refrigerator. When all the guests were
Mr. McGarrigle, the coach of the Dalhousie University basketball team, had improperly allowed an academically ineligible player to play in five basketball games in violation of the CIS rules
Indicate three of the requirements of the rules of natural justice.
Contrast the nature and function of the provincial court and superior trial court in your province and distinguish between the roles of trial courts and courts of appeal including the Supreme Court
Explain why the Examination for Discovery can be so important in any court action?
Canada's Constitution is embodied in the British North America Act. Explain the accuracy of that statement?
Explain parliamentary supremacy and its place in our legal system.
Which of the following will not override a particular provincial common-law rule as articulated by a trial-court judge in a Small claims court in the province?a. A contrary subsequent ruling by the
Explain the origin of equity in our legal system.
Indicate the importance of the Constitution Act (1982), and explain why it was important to the development of Canada.
Which one of the following statements is false with respect to Canadian constitutional law?a. The Charter of Rights and Freedoms sets out basic rights and freedoms of Canadians that cannot be limited
What is the significance of the Constitution Act (1867)?
How are individual human rights protected in Canada?
Which of the following is not one of the requirements of natural justice?a. Notice of the hearing b. An opportunity to present your side c. The rules of evidence be adhered to d. The
Explain the limitations on the application of the Charter of Rights and Freedoms?
Explain the significance of the Charter of Rights and Freedoms and identify three limitations on its application.
A privative clause is which of the following? a. A privative clause is a provision in a statute attempting to prevent the courts from reviewing the decision of an administrative tribunal.b. A
Indicate the function and nature of a Notice of Civil Claim.
Describe the basic rights and freedoms protected in the Charter.
Explain the nature of administrative tribunals and their relationship to our legal system.
Explain the difference between a criminal and a strict liability offense.
Mr. Wong was employed as the registrar for the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia, an organization and position established pursuant to the
Describe the essential difference between a criminal prosecution and a civil action, and discuss the advantages and challenges associated with each process. Consider when a business person might have
Explain how the standard of care imposed varies when particular expertise is involved (e.g. a doctor)?
Distinguish between assault and battery, and explain any defences.
Our constitution guarantees freedom of expression. Yet when people criticize public officials and other public figures, they can be sued for defamation, even if they believe what they say is true. Do
After the McLeans filled their swimming pool, recently built in their backyard, swarms of bees came regularly for water. The bees stung everyone including the dog and made it impossible for the
Shawn Babiuk and Cory Trann were on opposing teams in a rugby league. At one point in the game Trann’s teammate was on the ground and Babiuk, an opposing player, was stepping on his face. Trann
Beth and Alan had just left Logan Drugs Ltd. when they were stopped by the store detective who told them he was going to detain them until a policeman came to charge them with theft for stealing a
Describe the court structure in place in your province.
Distinguish between mediation and arbitration.
Explain the purpose of the Federal Court, and the role it plays in the Canadian judicial process.
What constitutes a fair hearing?
How is a civil action commenced?
Explain the nature and role of a Response to Civil Claim, a Counterclaim, and the discovery process.
Contrast the process and the requirements of proof required in a civil as opposed to a criminal action.
Compare the roles played by a judge and a jury in a trial.
Explain how a judgment can be enforced.
Distinguish between negotiation, mediation, and arbitration, and indicate the advantages and disadvantages of alternate dispute resolution over litigation.
Explain the nature of regulations and their legal status.
Distinguish between criminal and regulatory offences.
Distinguish between summary conviction and indictable offenses and explain the various options of the parties involved.
What is a tort? Distinguish between a tort and a crime and explain when a tort can also constitute a crime.
Individuals are sometimes convicted of a crime and then sued in tort for the same conduct. Is it fair or just for one person to face trial twice for the same thing?
Cressey Development Corporation excavated a lot next to property owned by Mr. Epstein and asked permission to drive supports under Epstein’s property to support that excavation. Epstein refused.
Jim was assigned to a different workroom at the factory. During the day he became increasingly upset with one of his new co-workers, Mr. Saur, who criticized everything he did. After several hours of
Joe was drunk driving his car when he saw Sam on the side of the road hitch-hiking. Joe stopped, opened the door and offered Sam a lift. Sam got in despite the fact the he could smell liquor on Joe's
Explain vicarious liability and any limitation on its availability.
Is the reasonable person test appropriate for determining what standard of behaviour should be imposed in a negligence action? Would it be more appropriate to determine negligent conduct on the basis
Hanke was the operator of an ice-resurfacing machine and was filling it with water when an explosion injured him. The water tank and the gasoline tank were similar and located in close proximity and
A seven-year-old boy followed his dog into Mr. Howe's backyard. He fell into a large hole dug by Mr. Howe in preparation for a tree that had been ordered. The boy broke his arm in the fall. At the
Mary was driving down the road when Sam came out from a side road, went through a stop sign without stopping and struck the side of her car. Upon later examination of Mary's car, it was determined
Distinguish between intentional and inadvertent torts.
In Canada, when someone produces a defective product or performs an imperfect service, he or she must be shown to have been careless—to have fallen below a community-established standard of
Mr. Kralik was skiing on Mount Seymour when he fell from a ski lift. He was about to get on the chair when he found ice on it and tried to remove it as the chair moved onto the boarding ramp. As it
Joe was driving his automobile when Sam came from a side street, went through a stop sign without stopping almost causing an accident. Joe swerved to avoid and was successful in doing so. He wrote
A person could be liable for the tort of trespass:a. If, in the middle of the night, he was carried onto the neighbour’s property and thrown in their pool.b. If he lost control of his bike and
Explain what is meant by a reasonable person and the reasonable person test.
With regard to the process of a civil law suit in a superior court, which of the following is false?a. The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a
Consolidated Fastfrate operated a freight-forwarding business with branches across Canada. Their business consisted of picking up freight in one province, consolidating it into containers, arranging
Government boards and tribunals may be considered an appropriate forum for dispute resolution. Is it appropriate for the courts to be able to exercise review powers over their decisions? Are there
Explain the relationship between regulations and statutes?
Which of the following is incorrect with respect to the Charter and Constitution?a. The B.N.A. Act (Constitution Act 1867) divides power between the federal and provincial governments b. The
When Mifflin sold their business to Lawton’s Drug Stores, the contract included a clause restricting them from opening a similar business in competition. Lawton’s had paid extra for customer
The process leading to trial is long, involved, and costly. Most jurisdictions are trying to change the procedures to alleviate delays and costs. How successful are they and what other changes would
Explain the origin and function of the Constitution Act (1867) formerly the BNA Act, and its importance with respect to how Canada is governed.
Define law and distinguish between substantive and procedural law.
What role does the decision made by an Ontario Court of Appeal judge have on a B.C Supreme Court judge?
Which of the following is false with respect to our court system?a. A negligence action, where the extent of damage is $3500, would most likely begin in the B.C. Provincial Court, small claims
This is a classic case dealing with freedom of expression. The City of Peterborough had passed a bylaw prohibiting the posting of any material on city property. The bylaw prohibited the posting of
Canada has a tradition of Parliamentary Supremacy inherited from Great Britain. But that has been modified somewhat by the passage of the Charter of Rights and Freedoms. Explain how parliamentary
Why is it important for a business student to understand the law and our legal system?
Explain what is meant by the phrase stare decisis?
Which one of the following statements is not accurate with respect to the Canadian legal system?a. The three major components of present Canadian law are the common law, equity and statutes.b. The
Mr. Isen was the owner of a 17-foot pleasure boat. After a day of boating on the lake and loading the boat on its trailer in preparation for transporting it on the highway was securing the boat with
Discuss the relationship between law, morality, and ethics. How does one determine what is ethical behaviour and what is not if you can’t use the law as the test? What would be the outcome if the
Your employer, Let's-Get-It-Done, has a history of multiple employee disputes. These disputes range from claims of illegal discrimination to general complaints of worker dissatisfaction with
As the vice president of finance for a company producing and selling electronic switch boards, you are considering foreign investment to build a plant to assemble electronic components. A source in
ETHICS Externalities pose an enormous problem for the environment. Often, the people making decisions do not bear the full cost of their choices. And businesses tend to fight efforts to make them pay
Business Card Experts, Inc. (BCE) grossed over $16 million selling business-card dealerships. The prices of the dealerships ranged from $10,000 to $25,000. BCE recruited dealers through
Direct Marketing Concepts, Inc., broadcast an infomercial for Coral Calcium that featured a spokesperson named Robert Barefoot. In the ad, his claims were as bare as his feet. He asserted that
Stewart and Lynda Resnick, who owned thousands of acres of pomegranate orchards, formed POM Wonderful, LLC, to make and sell pomegranate juice. POM spent more than $35 million on medical research,
Namenda IR is a drug used to treat Alzheimer’s disease (a devastating form of dementia). “IR” stands for “instant release,” meaning the drug has to be taken twice a day. Because Actavis had
Auto parts manufacturers used two distribution channels: (1) a two-step process in which they sold to big box stores, such as Wal-Mart, Sam’s Club, and AutoZone, who then sold the parts to the end
Mr. and Mrs. Kruser each had an ATM card for their joint account at the Bank of America. Mr. Kruser believed his card had been destroyed. It turned out, however, that someone used it to make an
Frederick J. Hanna &Associates P.C. (the Firm), was a law firm that represented credit-card issuers and debt buyers, that is, companies that purchase portfolios of defaulted loans. Over a
Gateway Chevrolet Oldsmobile (GCO), a car dealership, sent an unsolicited letter to Tonja Treadway notifying her that she was “pre-approved” for the financing to purchase a car. In fact, Treadway
In the Clean Air Act (CAA), Congress directed the EPA to study the impact of power plant emissions on public health and then to regulate power plants if the study indicated that regulation was
Life is about choices. Life is about choices—and never more so than with the environment. Being completely honest, which of the following are you willing to do? Why?Drive a smaller, lighter, more
The Commonwealth of Virginia refused to prepare TMDLs for polluted Accotink Creek. When the EPA prepared its own set of TMDLs, Virginia sued to avoid compliance. Should Virginia be allowed to
Power plants generate lots of heat. To cool down, they flush vast amounts of water through a cooling system (called “cooling water intake structures”). In the process, aquatic organisms (fish,

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