2201 Flashcards

Question

Salomon V A Salomon Ltd

Answer 1

Salomon created a corp (with family), bought business from self (overpriced), went into debt, went bankrupt Trial/Appeal: Corps was BS and just a way to avoid liability. He has to pay back his debtors House of Lords: Corps are corps, overturn. Significance: Made corps people, 1 man corps, shares confirmed property,

Answer 2

5:4 to allow religious beliefs of owners deny BC Pierced corporate veil and allowed owners to be business Dissent: Corps only care about business

Answer 3

Adams sues for Abestos diseases Sued UK parent Denied because product caused disease, not company Refusal to "pierce corporate veil"

Answer 4

No electioneering by coprs law Infringes "Citizen's United" FOS No direct giving, but can "speak" in public in favor of Dissent: Not really people. Corps have no opinion. No human is being limited. Corps not "We the people" Impact, SuperPACs

Answer 5

Cop suing BLM Deray argues BLM isn't a legal entity Conclusion: Movements aren't entities. BLM Inc could be liable but no evidence staff caused damages

Answer 6

First Brit Lawyer (New Zealand)

Answer 7

Men are scared of women in "good" jobs

Answer 8

Judges debating if women were professional enough to be lawyers

Answer 9

1916 first Female judge in commonwealth

Answer 10

Women's rights absorbed by her husband. Under protection of her baron/lord Same person legally, no contracts Husband must start all civil suits Husband free to "correct" wife within reason (think servant/child) Loss of rights is a favour

Answer 11

Wife demanded husband pay her 30GBP/month as agreed | Courts said couples have informal agreements, not a binding contract

Answer 12

Vera ran the business accounts and took care of the home Crippled in car accidents Sought damages, personally, for losses of not being able to do housework Supposed to go to housework beneficiary (husband), judge gave it too her Significance: Gave women agency outside husband

Answer 13

Emily wanted nothing to do with her absentee husband after quarrels over money she gave him to run a business He kidnapped her Cops couldn't save her since he was confining her to exert his conjugal rights Jackson insists that she has sufficient liberty within the home, she just can't leave it She was freed by judges MASSIVE negative press for her

Answer 14

Robbed, purse was described at court as her husband's

Answer 15

Land: Held by husband as guardian during marriage, couldn't sell without her consent, she got it back on his death along with interest in his lands Personal: Husband does as he pleases aside from direct apparel, includes wages

Answer 16

Women gained ownership over earnings, inherit from next of kin, small amounts from others, liable to maintain children from personal assets Significance: First acknowledgement of wife seperate from husband

Answer 17

1859: Own but not manage land, 1872 keep wages 1873: Can sell property to maitain self/children if seperated 1884: Full management rights

Answer 18

Charged with illegal voting 1873 Defense: Denied only by being a women, 14th ame Hunt preprepared response: Women aren't people under the 14th, guilty

Answer 19

``` Federal: 1917 Provincial: 1916, Quebec 1940 Municipal: Women could vote if they were land owners, Quebec barred them in 1849 Japs: 1949 Aboriginals: 1960 Catholics: 1849 ```

Answer 20

Bradwell wanted to practice, qualified | Refused, SCC ruled professions not protected under 14th

Answer 21

SCC ruled BNA Act didn't include women as persons. Women weren't people when written, and were never intended to be. Interpretation act doesn't matter because person is non-sexed. barred from Senate Privy: Person can mean women, why doesn't it in this case? SENATE

Answer 22

Personhood required effectively property rights over your body

Answer 23

Body is a thing of nature. Used by Rational Mind

Answer 24

Property rights lets us exclude people from ourselves

Answer 25

Social encounters establish boundaries seperating you from me and my property

Answer 26

``` Religious hate of blood transfusions Doctor gave her one w/o consent Charged with assault Medical treatment w/o consent = assault Result: Doctrine of Informed Consent ```

Answer 27

Treatments must have informed consent. If no consent can be given (mania, unconcious) treatment is in best interest

Answer 28

Unwanted treatment breaks tort of battery

Answer 29

Ontario Understand Info Appreciate consequences

Answer 30

Manitoba Can authorize treatment in child's best interest No court order if child is capable and 16+

Answer 31

Chrons, refuses transfusions Court forces her to have them Lower: Under 16, no capacity Appeal: Under 16, capacity irrelevant, best interest SCC: Said they should've at least tested her capacity but they were still right. W/ capacity given opinion but not full decision. Adolescents are "part" adults. Should always do what will insure a normal life

Answer 32

13YO w/ cancer Forced to have Chemo Too young to decide, father controlling him Discontinued when he became terminal

Answer 33

JW wanted to refuse transfusions Forced to have them to keep her alive When it was clear she was doomed taken off Was 16 but lacked experience to question religious brainwashing

Answer 34

Blood transfusions NOT ordered He was going to die no matter what harm of transfusions on mental health exceeded benefit

Answer 35

Forcing her to use Western Medicine vs Traditional would be racist. Was taking a possible treatment, can't forcer her to use alternative treatment even if better

Answer 36

mom wanted to force daughter to be sterile May be her ward but not 100% control Infringed on right to reproduce, possible damage to the child, socially (not medically) based reason

Answer 37

Debate over domain name Domains established as property Ontario still has jurisdiction over intangible property (Tuscow has an HQ in Toronto)

Answer 38

Decision: Property owner has right to kick people out Dissent: Malls are like public spaces. Carswell was engaging in lawful picketing of her employer, this is protected.

Answer 39

Those given right to exclude others own the thing. | Single Variable Essentialism

Answer 40

Fauna Conservation Act: All fauna crown property Did give some rights over Fauna to the crown, but didn't extinguish native rights. Natives had partial ownership, for ceremonial purposes

Answer 41

Reasons: News belongs to the public. However, thanks to exchange value, AP has quasi-ownership but only in relation to other newspapers. AP "owns" it until it is no longer "hot off the press" Injunction Reason 2: News isn't property but INS is getting it through shady practice. Might be fraud issue. Injunction unless INS gives credit. Reason 3: News is never property. No injunction.

Answer 42

Ransquawk: Thanks to internet nothing is "hot news" so we are free to rebroadcast

Answer 43

Issue: Should court order survey to divide profits Majority: He who owns the soil owns the sky and underground. Cave no different than coal mine. Survey Dissenting: Would destroy the value of the property by Lee and Lee can't even use it. Lee can't access the caves so it isn't apart of his dominion Result; Took too long, cave was sold to National Park Service