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