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Flashcards in Jeopardy Questions Deck (74):
1

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

Positive Law

2

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

Contributory negligence

3

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

-common
-mutual
-unilateral

4

How can an employer escape alcohol misuse liability?

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

5

List the three subtle signs of intoxication

-behavioral changes
-changes in speech
-loss of co-ordination

6

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

non competition/non solicitation clauses

7

What are the two types of property?

Personal and Real

8

Three types of business structures

sole proprietorship, partnership, corporations

9

Three types of intangibles?

-rights under a contract or debt instrument
-goodwill
-ownership of a trademark

10

What are the five tiers of the corporate structure?

-shareholders
-board of directors
-statutory officers
-employees
-creditors

11

When two or more suppliers conspire to set prices?

price fixing

12

Notices of statutory provisions limiting liability should be posted where?

-in the office
-every guestroom
-public rooms

13

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

-Uttering

14

Accommodations that are not considered "inns"? (4)

-Boarding house
-A rooming house
-Homes for seniors
-Time-share arrangement

15

Seven reasons for evicting a guest?

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

16

What is mens rea?

Guilty mind

17

What is "infra hospitium"?

Within the walls of the inn

18

What is habeas corpus?

you shall have the body

19

What is quantum merits?

the amount he merits

20

What is non est factum?

it is not my deed

21

What are the two classes of servants?

Independent contractors and employees

22

What is group termination?

When 50 or more employees are laid off within 2 months

23

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

420 to 700 hours depending on the regional unemployment rate

24

Conditions for rightful dismissal?

-Financial disloyalty
-Falsified qualifications
-Gross and continuing incompetence

25

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

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

26

What is actus reus?

Guilty act

27

What is passing off?

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

28

What are three ways a contract is breached?

-Repudiation
-Sabotage
-Failure to perform

29

What is an option?

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

30

What are the three kinds of misrepresentation?

-innocent
-negligent
-fraudulent

31

What is a "floating charge"?

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

32

What is a trademark?

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

33

List 3 ways to finance a new or existing business?

-Equity financing
-Debt financing
-Sale of assets

34

What is easement?

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

35

Five possible consequences if you default on your mortgage?

-Foreclosure
-Power of sale
-Taking possession of the property
-Action on the covenant
-Seizure and sale of the property at auction

36

What is absolute liability?

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

37

Another word for reafian?

A reiver

38

What is gratuitous bailment?

Bailment for the sole benefit of the bailor

39

What is equitable estoppel?

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

40

What must be established to substantiate a claim for bailment?

-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

What are two classes of servants?

-Independent contractors
-Employees

42

What does BFOR stand for?

Bona fide occupational requirement

43

What are the three ways employment can be terminated?

-Contractual dismissal
-Rightful dismiss (termination for cause)
-Wrongful dismissal

44

What are the four principles of equal pay legislation?

-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

List the five itmes employers can expect from their employees?

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

46

What is "duty to mitigate"?

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

47

What is a surcharge?

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

48

Latin term for "on the face of it"

What is prima facie

49

What are the five stages of a civil action?

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

50

What is fiduciary duty?

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

What is amortization?

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

52

What are the three types of bailment?

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

53

What is strict liability?

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

54

What is a restrictive covenant?

A restriction placed on some aspect of land use

55

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

Parental leave

56

Who owns mislaid property?

the owner

57

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

-Acts of God
-Acts of a public enemy
-guests' own negligence

58

What are the four purposes of sentencing?

-specific deterrence
-general deterrence
-rehabilitation
-protection of the public

59

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

-open and notorious
-unchallenged
-exclusive
-continuous

60

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

What is landlord-tenant

61

What is breach of contract?

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

In a criminal procedure list the three types of offenses?

-Summary conviction (minor)
-Indictable (serious)
-Hybrid

63

What are exemplary damages?

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

64

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

John Humphrey

65

What is the parole evidence rule?

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

66

What does real property include?

Land, buildings and fixtures'

67

What is express deposit?

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

68

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

-consent searches
-searches made in connection with an arrest
-emergency exception (imminent danger)
-the plain view doctrine

69

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

-Income tax
-EI
-CPP/QPP

70

What is infra hospitium?

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

71

What is the maximum weekly EI benefit?

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

72

What is to "perfect" a lien?

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

73

List the four elements of bailment.

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

74

What is consideration?

The price a party pays for the promise