In light of K.L.B. v. British Columbia, [2003] 2 S.C.R. 403, 2003 SCC 51, does the principle of vicarious liability apply to the Government?
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In light of K.L.B. v. British Columbia, [2003] 2 S.C.R. 403, 2003 SCC 51, does the principle of vicarious liability apply to the Government?
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- 1. What is the full name of the Tribunal? What are the types of cases that are heard? 2. What is the complete citation for the enabling legislation? 3. Aside from the enabling legislation - list any other statutes this tribunal has the jurisdiction to interpret. 4. What year was this tribunal created? 5. Who are the usual parties who appear at this tribunal? 6. What is the name of the rules of procedure for this tribunal? 7. What is the website address for the tribunal? 8. Is this tribunal inquisitorial or adversarial in nature? 9. Is this tribunal subject to…Explain the term ‘strict liability tort’, providing an illustrative example. (Explain the operation of the Australian legal systems and processes relevant to contract and consumer law, including basic principles of the law of torts).The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these…
- Olga, a resident of Maine, was recently injured by a defective product produced by Home Appliance Corporation, which is incorporated in Delaware but has its company headquarters in Virgina. Olga purchased the defective product in Maine. Olga is suing Home Appliance for $60,000. Which courts would have personal jurisdiction in this case? Would a federal court have jurisdiction? Why or why not?Following the Supreme Court’s reversal of Roe, what rights do women have under theU.S. Constitution to determine whether to terminate their pregnancy? Explain your answerin detail93. the Department of Financial Services may open an investigation on an individual O Being licensed in multiple lines of authority Holding a nonresident license in another state Engaging in the business of insurance without a license Sharing commissions with a similarly licensed individual COLCHREARE COLX
- Assume Illinois passes a law requiring doctors to be certified before providing medical services to citizens of Illinois. You represent a client who is licensed to practice medicine in Indiana. Your client recently administered a drug to a patient in an emergency room of an Illinois hospital located right across the border of Indiana and Illinois. She is fined $50,000 and refuses to pay. What constitutional arguments can you make on your client’s behalf as to why this law is unconstitutional as applied to her.Read Herr v Bourne, 2021 ABQB 478 (CanLII). Which equitable remedy did the Court grant the Plaintiff? (enter the two words) Answer: AirLocate Alberta's Court of Justice Civil Procedure Regulation. Pursuant to Section 3(2)(b) of the Act, a civil claim must clearly state? Answer:
- in the Escobar case, Universal Health Services, Inc Petitioner v. United States and Massachusetts, es rel. Julio Escobar, April 19, 2016. This unit treated the relators’ allegations in this case as presenting legally false claims. Explain why the relators’ allegations in the case could actually be viewed as presenting factually false claims.Give an example of a statute at the Federal Level and at the State Level. Give an example of an Administrative Agency at the Federal level. Please list the 3 equitable remedies available to someone in a lawsuit.1-5. THE DOCTRINE OF PRECEDENT. Sandra White operated a travel agency. To obtain lower airline fares for her nonmilitary clients, she booked military-rate travel by forwarding fake military identification cards to the airlines. The U.S. government charged White with identity theft, which requires the “use” of another’s identification. As background, the court in the White case had two cases that represented precedents. In the first case, David Miller obtained a loan to buy land by representing that certain investors had approved the loan when, in fact, they had not. Miller’s conviction for identity theft was overturned because he had merely said that the investors had done something when they had not. According to the court, this was not the “use” of another’s identification. In the second case, Kathy Medlock, an ambulance service operator, had transported patients for whom there was no medical necessity to do so. To obtain payment, Medlock had forged a physician’s signature. The court…