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Law > Jeopardy Questions > Flashcards

Jeopardy Questions Flashcards

1
Q

Law duly enacted by a person or body having the authority to enact and enforce them.

A

Positive Law

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2
Q

A plaintiff is partly or solely the cause of his or her own injury.

A

Contributory negligence

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3
Q

Under contract law, list the three types of mistake the law recognizes.

A
  • common
  • mutual
  • unilateral
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4
Q

How can an employer escape alcohol misuse liability?

A

1) the employee was clearly instructed not to serve a patron
2) the server ignored the instructions out of friendship or infatuation
3) the server did not charge the patron for the drinks

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5
Q

List the three subtle signs of intoxication

A
  • behavioral changes
  • changes in speech
  • loss of co-ordination
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6
Q

Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location

A

non competition/non solicitation clauses

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7
Q

What are the two types of property?

A

Personal and Real

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8
Q

Three types of business structures

A

sole proprietorship, partnership, corporations

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9
Q

Three types of intangibles?

A
  • rights under a contract or debt instrument
  • goodwill
  • ownership of a trademark
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10
Q

What are the five tiers of the corporate structure?

A
  • shareholders
  • board of directors
  • statutory officers
  • employees
  • creditors
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11
Q

When two or more suppliers conspire to set prices?

A

price fixing

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12
Q

Notices of statutory provisions limiting liability should be posted where?

A
  • in the office
  • every guestroom
  • public rooms
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13
Q

When a person, knowingly with intent to defraud, writes a cheque on a bank account with insufficient funds?

A

-Uttering

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14
Q

Accommodations that are not considered “inns”? (4)

A
  • Boarding house
  • A rooming house
  • Homes for seniors
  • Time-share arrangement
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15
Q

Seven reasons for evicting a guest?

A
  1. Eviction at the end of stay
  2. nonpayment
  3. persons of ill-repute
  4. disorderly conduct
  5. disturbing the peace
  6. carrying a contagious disease
  7. breaking house rules
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16
Q

What is mens rea?

A

Guilty mind

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17
Q

What is “infra hospitium”?

A

Within the walls of the inn

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18
Q

What is habeas corpus?

A

you shall have the body

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19
Q

What is quantum merits?

A

the amount he merits

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20
Q

What is non est factum?

A

it is not my deed

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21
Q

What are the two classes of servants?

A

Independent contractors and employees

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22
Q

What is group termination?

A

When 50 or more employees are laid off within 2 months

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23
Q

What is the minimum amount of hours needed to be eligible for EI benefits?

A

420 to 700 hours depending on the regional unemployment rate

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24
Q

Conditions for rightful dismissal?

A
  • Financial disloyalty
  • Falsified qualifications
  • Gross and continuing incompetence
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25
Q

What are the times that should be included in a job description?

A
  • Job duties and standards
  • Remuneration (salary, bonuses, perks, and benefits)
  • Duration of term of employment
  • Likelihood of changes to the position
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26
Q

What is actus reus?

A

Guilty act

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27
Q

What is passing off?

A

When the public is mislead into believing that one company’s goods or services are those of a similar brand or product

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28
Q

What are three ways a contract is breached?

A
  • Repudiation
  • Sabotage
  • Failure to perform
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29
Q

What is an option?

A

An agreement by an offer-or to leave an offer open for a specified period of time?

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30
Q

What are the three kinds of misrepresentation?

A
  • innocent
  • negligent
  • fraudulent
31
Q

What is a “floating charge”?

A

A chattel mortgage on inventory

-A situation which the creditor can swoop down and immobilize the inventory still in stock upon default

32
Q

What is a trademark?

A

A symbol, word, name or devise used to identify or signify a company or its product

33
Q

List 3 ways to finance a new or existing business?

A
  • Equity financing
  • Debt financing
  • Sale of assets
34
Q

What is easement?

A

A right to use another’s land for a specific purpose

35
Q

Five possible consequences if you default on your mortgage?

A
  • Foreclosure
  • Power of sale
  • Taking possession of the property
  • Action on the covenant
  • Seizure and sale of the property at auction
36
Q

What is absolute liability?

A

The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent

37
Q

Another word for reafian?

A

A reiver

38
Q

What is gratuitous bailment?

A

Bailment for the sole benefit of the bailor

39
Q

What is equitable estoppel?

A

If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations

40
Q

What must be established to substantiate a claim for bailment?

A
  • Property was delivered to the bailee
  • Property was accepted by the bailee
  • Property not returned or in proper condition
  • Bailee breached duty owed to bailor
41
Q

What are two classes of servants?

A
  • Independent contractors

- Employees

42
Q

What does BFOR stand for?

A

Bona fide occupational requirement

43
Q

What are the three ways employment can be terminated?

A
  • Contractual dismissal
  • Rightful dismiss (termination for cause)
  • Wrongful dismissal
44
Q

What are the four principles of equal pay legislation?

A
  • Equal pay for males and females doing the same job
  • Equal pay for substantially similar jobs
  • Equal pay for jobs of equal value
  • Pay equity
45
Q

List the five itmes employers can expect from their employees?

A
  1. Proper performance of work
  2. Good faith and loyalty
  3. Confidentiality
  4. Non-competition agreements
  5. Reasonable notice
46
Q

What is “duty to mitigate”?

A

When a contract is breached, the injured party must do what is required to limit the losses they suffer

47
Q

What is a surcharge?

A

Amount added on to a usual charge for a specific product, purpose, or service

48
Q

Latin term for “on the face of it”

A

What is prima facie

49
Q

What are the five stages of a civil action?

A
  1. pleadings
  2. discoveries
  3. pretrial/meditation
  4. trial
  5. appeals
50
Q

What is fiduciary duty?

A

When one person has the power to affect another person’s property or legal interests.
-A person in this position has a duty to protect the interests of the other; need to act in someone else’s best interest

51
Q

What is amortization?

A

The period of time required to pay off the principal completely at a set interest rate.

52
Q

What are the three types of bailment?

A
  1. Sole benefit of the bailor (gratuitous bailment)
  2. Sole benefit of the bailee
  3. Bailment for hire
53
Q

What is strict liability?

A

Defendant is automatically liable even though no injury has occurred - not following government codes and regulations will result in this

54
Q

What is a restrictive covenant?

A

A restriction placed on some aspect of land use

55
Q

You and your partner decide to adopt a child, what type of leave are you and/or your partner eligible for?

A

Parental leave

56
Q

Who owns mislaid property?

A

the owner

57
Q

What are the three exceptions to the common law absolute liability rule?

A
  • Acts of God
  • Acts of a public enemy
  • guests’ own negligence
58
Q

What are the four purposes of sentencing?

A
  • specific deterrence
  • general deterrence
  • rehabilitation
  • protection of the public
59
Q

List the four conditions of adverse possession (squatter’s rights)

A
  • open and notorious
  • unchallenged
  • exclusive
  • continuous
60
Q

The innkeeper-guest relationship changes into this type of relationship if the guest stays for an extended period of time.

A

What is landlord-tenant

61
Q

What is breach of contract?

A

Under the law, when an employer terminates the contract with an independent contractor, before all duties have been performed; the contractor can sue under this

62
Q

In a criminal procedure list the three types of offenses?

A
  • Summary conviction (minor)
  • Indictable (serious)
  • Hybrid
63
Q

What are exemplary damages?

A

Damages that are imposed to punish and to make an example of the offending party

64
Q

Who was the author of the universal declaration of Human Rights in 1948?

A

John Humphrey

65
Q

What is the parole evidence rule?

A

once a contract is written, it cannot be changed without consent of both parties

66
Q

What does real property include?

A

Land, buildings and fixtures’

67
Q

What is express deposit?

A

When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody

68
Q

When the police do not need a warrant to search your residence and/or business? (4)

A
  • consent searches
  • searches made in connection with an arrest
  • emergency exception (imminent danger)
  • the plain view doctrine
69
Q

What are the statutory remittances an employer must make for their employee?

A
  • Income tax
  • EI
  • CPP/QPP
70
Q

What is infra hospitium?

A

Latin term for within or on the premises of the inn (extension of the inn)

71
Q

What is the maximum weekly EI benefit?

A

$413 or 55% of the claimant’s average insured earnings (whichever is less)

72
Q

What is to “perfect” a lien?

A

Once a lien is registered, a claim must be issued within 90 days of substantial completion of the work

73
Q

List the four elements of bailment.

A
  1. only personal property
  2. physical possessions
  3. acknowledge receipt
  4. agreement to return
74
Q

What is consideration?

A

The price a party pays for the promise

Law (6 decks)

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