samplepractice-exam-2-february-winter-2020-questions-and-answers

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Sample/practice exam 2 February Winter 2020, questions and answers Commercial Law (University of Manitoba) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Sample/practice exam 2 February Winter 2020, questions and answers Commercial Law (University of Manitoba) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Vasd (vasd089@gmail.com) lOMoARcPSD|30559233

Midterm Questons What is law? Law is a subset of rules and is diferentated in the formalites of documentaton and enforcement. They are not value neutral; they manifest from the politcal / philosophical values of the law maker. What is Procedural Law? Procedural law : the process through which liabilites can be enforced. What is Substantve Law? What are the two subcategories? Substantve law : the rights and dutes which person has in society. It is the law that tells you what you can and cannot do. Two subcategories: 1. Public law : concerned with the conduct of government and with relatons with government on one side and private persons on the other. Divided into criminal, consttutonal, administratve laws. 2. Private law : composes the rules governing the laws between private persons What are the two types of cases that courts create law from? 1. Cases regarding legislaton – interpret the meaning of legislaton 2. Judge made / common law – declaring law in areas untouched by legislaton Why was legislaton seldom used prior to the 20 th century? 1. Courts did the job adequately, people were content with their small narrow view and did not think about broader social concepts and proactve views 2. The government didn’t have as big a role, the church had the majority of roles 3. The process is difcult, it requires thorough knowledge of a partcular situaton which needs to be remedied and the ability to devise a practcal means to implement it Why was the signifcance of legislature and the courts reversed in the 20 th century? 1. In order for courts to make law they must wait for disputes to arise (courts are reactve, legislature is proactve) 2. Previously there wasn’t a great demand for law (no social services, not as many laws, legislatve process was difcult, expensive, sophistcated) 3. Society fnally had sufcient wealth to support an ongoing legislature functon (industrial revoluton) Downloaded by Vasd (vasd089@gmail.com) lOMoARcPSD|30559233

What is a system? System: an orderly combinaton or arrangement of partcular parts or elements into a whole, especially such combinatons according to some ratonale or principle. What is the Magna Charta? “Big Charter,” forced the king into surrendering some of his powers back in 1215. What does it mean that the amendment process is “patriated”? The amending process with respect to entrenched aspects of the consttuton is wholly domestc. What is a Rato? The Rato Decidendi is “the narrowest and necessary legal principle upon which a decision is based”. Ratos are the binding aspects of a case. What does the phrase “Mutats Mutandis” mean and in what context was it used during this course? In Latn means “the necessary changes being made.” It applies to bills; drafs of statutes of Canadian Parliament and Provincial Legislature which are not yet legally operatonal as they have not yet received the ascent of parliament. Parliament is stll reviewing the bill and making changes. What is the Law of Equity? The Law of Equity is a set of rules which can be invoked to supplement the defciencies of common law or to ease the working of common law actons and remedies. The Law of Equity principles overrule Common Law principles. Roscoe Pound is best known as an adherent to what School of Jurisprudental thought? Social Engineering. Social engineering held that through the scientfc study of people’s needs and expectatons and of prevailing values, more ratonal adjustments of the rights given to competng interests could be made to improve the laws of society. Downloaded by Vasd (vasd089@gmail.com) lOMoARcPSD|30559233

What is a limited partnership and identfy the danger to an investor if he/she partcipates in the management of such a partnership? A partnership in which in additon to one or more general partners, some of the partners are limited partners; they limit their liability to the amount of their capital contributon so as to isolate their personal assets from liabilites of the business. Limited partners are prohibited from taking an actve role in the business. If a limited partner partcipates in the management of such a partnership, he/she will become liable as a general partner, incurring a considerable personal risk (unlimited liability), essentally becoming a general partner. What is Stare Decisis? Stare Decisis is a theory of precedent, which means to “stand by previous decisions” in Latn. This is the technical name of the doctrine of precedent. It has been used for 1000’s of years, but only in the 19 th century did it become a rule of law that needed to be followed. The doctrine of Stare Decisis has two aspects: 1. Defnitonal or substantal – The principle of law is found in the precedence called the Rato Decidendi: the narrowest and necessary legal principle upon which a legal decision was based. This is the aspect of the case that binds future courts and must be followed. 2. Structural – Tells us which precedent cases must be followed – courts are bound by decisions of courts above it in the hierarchy and fnal appellate courts are bound by their own decisions What are the 3 C’s? The doctrine of Stare Decisis is said to produce the 3 C’s: 1. Certainty – we must know what the law is 2. Consistency – similar cases are treated equally 3. Contnuity – no doubt in the law through judicial departures from precedent What is the Reliance Principle? Reliance Principle: people order their afairs in reliance on judicial decisions and therefore their interest should be adversely afected if judges altered principles. Relates to “Contnuity” What is the adversary system in the Canadian legal system? Defne and explain. In civil disputes it is up to the partes, not the court, to initate and prosecute litgaton, to investgate the pertnent factors and to present proof and legal arguments to the decision making tribunal. The basic concept is that presentaton and prosecuton is made by two self- interested partes, with the court actng as essentally as a passive arbitrator. The courts’ functon in general is limited to adjudicatng the issues submited to it by the partes or the proof presented by them and to apply appropriate procedural sanctons upon the moton of a party. Downloaded by Vasd (vasd089@gmail.com) lOMoARcPSD|30559233

Name the four basic dutes an agent owes to his principal. 1. Agent must comply with the contract establishing the agency or he is liable 2. Agent must be diligent in reprising 3. Duty of care implied: must be careful 4. Duty of personal performance: can't sub delegate the tasks What does the term Ultra Vires mean? Ultra Vires in Latn means “beyond the power” . Delegate bodies can only create legislaton within the jurisdicton given by statutes. So whenever delegate bodies create legislaton that is found to be outside their jurisdicton given to them by statutes, the legislaton is Ultra Vires, and therefore void. What is the Corporate Veil? A corporaton has a separate existence from its shareholders. The separate entty principle gives rise to the limited liability of the corporaton. It acts like a protecton towards individuals within a corporaton. What does “piercing the corporate veil” mean and when will a court pierce it? To pierce the corporate veil means to ignore the separate entty principle with the result that the individuals who control the corporaton are responsible for their acts personally. The court will pierce the corporate veil in: 1. Taxaton situatons – statutory piercing 2. Agency principles 3. Instances of fraud 4. For the residence of the corporaton and the controlling shareholders What is subordinate legislaton? Give an example a subordinate/delegate body. Subordinate legislaton is legislaton made by a person or body other than the sovereign parliament by virtue of power confrmed either by statute or by legislaton, which is itself made under statutory power. It is the type of legislaton made by delegate bodies. It makes up the majority of the legislaton that impacts us on a day to day basis and makes up the bulk of legislaton in existence. Ex. MPI What is standing? People need standing to sue. That means the litgant or in partcular the plaintf must have a special interest and right to be vindicated. The reason for the concept of standing is to prevent frivolous claims. Downloaded by Vasd (vasd089@gmail.com) lOMoARcPSD|30559233

What does the term “intra vires” mean? Intra vires means “within the power,” or anything within the law. Canada is described as having a consttuton that is “Quasi Federal.” What does this mean? This means that Canada is a country that has some federal aspects as well as non-federal aspects. What is conventon in the consttutonal context? (What is a Conventon of the Consttuton?) Conventons are traditonal and generally accepted principles that guide politcal actors in how they functon. However, conventons are not enforceable by courts, for example responsible government. What is the J.C.P.C? Judicial Commitee of the Privy Council. They were the fnal appellate court prior to 1949. It was comprised of law lords from Britain that listened to appeals from overseas dominions and colonies. Now the Supreme Court of Canada is the fnal appellate court. What is a Pre-trial Conference? The litgants and the lawyers meet in front of a judge before the trial (not the same judge that hears the case). The lawyers present a brief to the judge in advance. The judge will tell the partes what their view of the outcome is. It is done to promote setlements and free-up courts. If the pre-trial conference fails to achieve a setlement, the judge will set the trial date. What is a court of “frst instance” and give 3 examples. It is the courts where acton must frst originate. They are also known as trial courts. They are subdivided into Provincial Courts and the Court of Queen’s Bench. Examples of courts of frst instance include small claims court, youth court and trafc court. What was the holding in Hodge vs. The Queen and why is it signifcant? The rato: “the provinces are not delegates of the federal parliament; the provincial legislatures are in their own spheres supreme.” It was signifcant because it allowed provincial legislaton to be supreme within the province. What are the fve roles of the court? 1. Arbitrator of the consttuton Downloaded by Vasd (vasd089@gmail.com) lOMoARcPSD|30559233

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