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2201 Flashcards

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1
Q

Salmond

A

Legal persons are artificial creations of the law

Anyone capable of rights/duties

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2
Q

Kocourek

A

Legal persons are the sum total of legal relationships.

Personhood if able to attract legal relations

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3
Q

Kelsen

A

Legal person is total fiction/construct

Unity of complex obligations and rights

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4
Q

Tur

A

Legal person is a grouping of rights/duties whose content depends on demographic

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5
Q

Davies and N

A

Legal persons = groupings of rights/duties

Exact nature depends on demographic

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6
Q

Gregson v Gilbert (ZONG)

A

Fight over whether or not killed slaves should be covered by insurance.
Killed = insured; Death by natural causes = uninsured
Won at trial

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7
Q

Mullick v Mullick

A

One son wanted to take a family Idol as personal property

Courts established the idol belonged to the god and the sons were simply the guardians of the idol on behalf of the god

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8
Q

Ram Janikee Deities v Bihar

A

Two deities held land under 1 Shebait
Tax issue, 1 or 2 estates? (tax breaks at stake)
Ruled each idol was a separate person

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9
Q

Dhanbad

A

Ram/Monkey temples have small plot between
Parishoners claim it for each other, priest claims it is his
Waiting for gods to appear

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10
Q

Somersett’s Case

A

Somersett escaped to England
Recaptured by owners, Englishmen demanded his return
Was returned since no slaves exist in Britain

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11
Q

Blackstone’s Absolute Rights

A

Personal Security
Liberty
Property

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12
Q

Quong Wing

A

Chino-Brit wanted to hire white watiresses
Saskatchewan banned Chinese hiring white girls
Against: Hire others, Always Chinese, protects white girls, within provincial legislation
Favour: British citizen, discriminatory (criminal fine), against “Settle the west”
Fitzgerald: Agreed with against
Davies: Against because of jurisdiction
Idlington: Basically slavery

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13
Q

Irene Davis Desmond

A

Biracial Nova Scotian thrown in jail for 1 cent of tax evasion.
Was resisting racist policy at a movie theater segregating seats.
2010: full, posthumous, pardon

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14
Q

De Soto

A

Apple
Ownership by consensus
Creates obligation towards community

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15
Q

Blackstone and Property

A

One man claims exclusive rights over something

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16
Q

Hohfeld

A

Bundle of legal rights/obligations

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17
Q

Bentham

A

Property is dependent on law to enforce it’s existence

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18
Q

Shelly v Kraemer

A

Black Shellys bought a house, Kraemer sued them to move because of a no-black covenant
Lower courts upheld it (private agreement)
Supreme courts said it deprived her of her property
Right to buy land

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19
Q

Noble & Wolf vs Alley Pine …

A

Covenant to ban non non-jew whites

Thrown out because “blood” clause too vague

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20
Q

Nakhuda vs Story Book Farm

A 
Lost monkey Darwin
Farms adopter her, Nakhuda wanted back
Animal was wild = possesor is owner
Signed over rights
Lack of papers
Farms kept Darwin
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21
Q

Canada Business Corporations Act S15

A

Corps = Natural person

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22
Q

Interpretation Act 1985

A

Man = woman + man + corp (and vice versa)
Grants a bunch of rights to corps
Name, seal, perpetual inheritance, sue, property

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23
Q

Blackstone’s Corporations

A

Guilds, Churches, Universities

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24
Q

Dartmouth College

A

Possess only property outlined in Charter of Incoproation
Sue/sued, contract, aquire/despose property
Immortal

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25
Q

Salomon V A Salomon Ltd

A

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,

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26
Q

Hobby Lobby

A

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

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27
Q

Adams v Cape

A

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

28
Q

Citizens United

A

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

29
Q

Cop v Deray McKesson

A

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

30
Q

Ethel Benjamin

A

First Brit Lawyer (New Zealand)

31
Q

Nellie McClung

A

Men are scared of women in “good” jobs

32
Q

Mossman

A

Judges debating if women were professional enough to be lawyers

33
Q

Emily Murphy

A

1916 first Female judge in commonwealth

34
Q

Blackstone on marriage

A

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

35
Q

Balfour v Balfour

A

Wife demanded husband pay her 30GBP/month as agreed

Courts said couples have informal agreements, not a binding contract

36
Q

Fobel v Dean

A

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

37
Q

Clithero Abduction

A

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

38
Q

Milicent Fawcet

A

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

39
Q

Old School women’s property

A

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

40
Q

Married Women’s Property Act 1859/1884

A

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

41
Q

Ontario MWOPA

A

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

42
Q

Stuart B Anthony

A

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

43
Q

Canada Female Vote

A 
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
44
Q

Bradwell v Illinois

A

Bradwell wanted to practice, qualified

Refused, SCC ruled professions not protected under 14th

45
Q

Edwards v Canada

A

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

46
Q

Blackstone on Body Ownership

A

Personhood required effectively property rights over your body

47
Q

MacPherson

A

Body is a thing of nature. Used by Rational Mind

48
Q

Radin

A

Property rights lets us exclude people from ourselves

49
Q

Nedelsky

A

Social encounters establish boundaries seperating you from me and my property

50
Q

Malette Shulman

A 
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
51
Q

Carter

A

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

52
Q

Airedale v Bland

A

Unwanted treatment breaks tort of battery

53
Q

Health Care Consent Act

A

Ontario
Understand Info
Appreciate consequences

54
Q

Child and Family Services Act

A

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

55
Q

AC v Manitoba

A

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

56
Q

Tyrell Duek

A

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

57
Q

BH (Alta CA 2002)

A

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

58
Q

AY 1993

A

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

59
Q

AC

A

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

60
Q

re Eve 1986 SC

A

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

61
Q

Tuscows v Renner

A

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

62
Q

Harrison v Carswell

A

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.

63
Q

Merrel on Property

A

Those given right to exclude others own the thing.

Single Variable Essentialism

64
Q

Yanner v Eaton

A

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

65
Q

AP v INS

A

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.

66
Q

DOW Jones v Ransquawk

A

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

67
Q

Edwards v Sims

A

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

Law (6 decks)

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