Identify (1) the questions of law determined by a court in conducting a review of a rule or an order of an administrative agency and (2) the three standards of judicial review of factual determinations made by administrative agencies.

/in /by

Administrative Law

• Explain the three basic functions of administrative agencies.
• Distinguish among the three types of rules promulgated by administrative agencies.
• Explain the difference between formal and informal methods of adjudication.
• Identify (1) the questions of law determined by a court in conducting a review of a rule or an order of an administrative agency and (2) the three standards of judicial review of factual determinations made by administrative agencies.
• Describe the limitations imposed on administrative agencies by the legislative branch, the executive branch, and the legally required disclosure of information.

Explain the basic principles of constitutional law. Describe the sources and extent of the power of the Federal and State governments to regulate business and commerce.

/in /by

Constitutional Law

• Explain the basic principles of constitutional law.
• Describe the sources and extent of the power of the Federal and State governments to regulate business and commerce.
• Distinguish the three levels of scrutiny used by the courts to determine the constitutionality of government action.
• Explain the effect of the First Amendment on (1) corporate political speech, (2) commercial speech, and (3) defamation.
• Explain the difference between substantive and procedural due process.

List and describe the courts in the Federal court system and in a typical State court system. Distinguish among exclusive Federal jurisdiction, concurrent Federal jurisdiction, and exclusive State jurisdiction.

/in /by

Civil Dispute Resolution

• List and describe the courts in the Federal court system and in a typical State court system.
• Distinguish among exclusive Federal jurisdiction, concurrent Federal jurisdiction, and exclusive State jurisdiction.
• Distinguish among (1) subject matter jurisdiction and jurisdiction over the parties and (2) the three types of jurisdiction over the parties.
• List and explain the various stages of a civil proceeding.
• Compare and contrast litigation, arbitration, conciliation, and mediation.

Describe cost-benefit analysis and explain when it should be used and when it should be avoided. Explain Kohlberg’s stages of moral development.

/in /by

Business Ethics and the Social Responsibility of Business

• Describe the differences between law and ethics.
• List and contrast the various ethical theories.
• Describe cost-benefit analysis and explain when it should be used and when it should be avoided.
• Explain Kohlberg’s stages of moral development.
• Explain the ethical responsibilities of business

Identify and describe the basic functions of law. Distinguish between (1) law and justice and (2) law and morals.

/in /by

Basic functions of law

• Identify and describe the basic functions of law.
• Distinguish between (1) law and justice and (2) law and morals.
• Distinguish between (1) substantive and procedural law, (2) public and private law, and (3) civil and criminal law.
• Identify and describe the sources of law.
• Explain the principle of stare decisis

Based upon your research of the courts in California and in the federal system, prepare a memorandum of law addressed to the Senior Partner explaining the finding of your research.

/in /by

Law Question

Assignment 1

You are a research clerk for the Law Firm of Smith and Jones. Bob, a good client has a problem and needs some advice. Senior Partner Sam Smith asks you to do the research, prepare a research memorandum and a letter to the client for Sam Smith to sign. Bob, who lives in Los Angeles California, is a very generous person. Two months ago, he loaned $500.00 to Al. Al signed a promissory note which says that Al will repay the loan in one month. Al has not paid anything. Bob loaned $7,000.00 to Cathy 14 months ago. Cathy signed a promissory note which states
that she would pay the note in full in 12 months. She has not paid. Bob loaned $55,000 to Dan 24 months ago. Dan signed a promissory note stating he would repay the loan in 18 months. Dan has paid nothing. Al, Cathy, and Dan all reside in Los Angeles, California. Research the state and federal court system for California. Determine the names and levels of the state and federal trial court and appellate court(s) in California. Determine the amount in controversy limit for each court level.

Part 1 Based upon your research of the courts in California and in the federal system, prepare a memorandum of law addressed to the Senior Partner explaining the finding of your research. Your Memorandum should include: 1) an overview of the state and federal courts in California, 2) which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file, 3) why Bob should file his lawsuits in a particular court or courts, and 4) in which courts Bob must represent himself and in which courts he may be represented by an attorney.

Part 2 Write a letter to Bob for Sam Smith’s signature explaining the finding of your research. Your letter should include: 1) which court or courts has/have jurisdiction for the amount in controversy in the three lawsuits that Bob wants to file, 2) an overview of the state and federal courts in California, and 3) in which courts Bob must represent himself and in which courts he may be represented by an attorney.

Remember, this assignment must be prepared in Microsoft® Word® using the Times New Roman font, 12 point, single space, double space between paragraphs. Each page must be numbered, your last name, student number, assignment number, and course number must be included on the upper left hand corner of each page.

Assignment 2

In Chapter 9 of Legal Research, Writing, and Analysis is the United States Supreme Court opinion in Bounds, Correction Commissioner et al v Smith et al. Please read this case and prepare a brief as described in Legal Research, Writing, and Analysis, Chapter 9. Remember, this assignment must be prepared in Microsoft® Word® using the Times New Roman font, 12 point, single space, double space between paragraphs. Each page must be numbered, your last name, student number, assignment number, and course number must be included on the upper left hand corner of each page.

Matilda Manning purchased a property with her then-boyfriend. They got married, and when they sold the property, her name was Matilda Denning. Will her change of name cause an issue when they want to sell the property? Briefly explain your answer.

/in /by

DISCUSSION QUESTION

QUESTION ONE – TRUE OR FALSE? (25 MARKS) Write T or F in the space provided. Each question is worth 1 mark.

  1. ________ In a busy law office, a law clerk may be given the ultimate responsibility for review and signing of a real estate reporting letter to a client.
  2. ________ If title to the matrimonial home is in the name of the husband only, he may sell the property without the consent of his spouse as long as he mentions it to her.
  3. ________ It may be possible to legally acquire a piece of your neighbour’s property simply by building a shed over the property line onto his property.
  4. ________ Law clerks are never allowed to send any letters relating to a real estate transaction under their own names.
  5. ________ The land that supplies an easement to another property is called the dominant tenement.
  6. ________ Joe and Moe wish to own a house as tenants in common; they do not have to own equal shares in the title.
  7. ________ If a law clerk makes a mistake on a real estate file, errors and omissions insurance will automatically cover any claim the client might have against the law firm.
  8. ________ Laws passed by a municipality that affect how owners may use their land are called regulations.
  9. ________ Alice borrows $100,000 from Best Bank and gives a charge on her property as security for the loan. Alice is the “chargee” and Best Bank is the “chargor”.
  10. ________ With blended mortgage payments, the amount of principal repaid each month is a fixed amount.
  11. ________ Under the construction legislation, only property owners and general contractors are required to hold back money when paying for work done on a house.
  12. ________ An owner of property that has a mortgage registered against it must get the consent of the bank before selling the property.
  13. ________ If there are two charges registered against the same property, the largest one will have top priority if a default occurs.
  14. ________ Paul is a subcontractor who has not been paid for plumbing services he provided in the renovation of a home. He may sue the owner of the property.
  15. ________ A subsearch is a brief examination of title records to update an earlier search of title. It is usually performed immediately before registration of a document.
  16. ________ If a property owner fails to pay tax arrears, a municipality may be able to sell the property in the second year following the year in which the realty taxes became due.
  17. ________ In 1995, the Supreme Court of Canada decided that there is no need to look for a root deed outside the 40-year title search period provided that there is a conveyance sometime within the 40-year period.
  18. ________ A vendor may obtain a consumer credit report on a purchaser.
  19. ________ A purchaser may not be obliged to complete the purchase and accept title if a survey discloses that adjoining buildings or structures are encroaching on the property.
  20. ________ If an Agreement of Purchase and Sale states that the property includes a right of way over another property, you will need to search the title to the other property as well.
  21. ________ In a busy law office, a law clerk may review title insurance options with a client, and place the order for the title insurance.
  22. ________  In a busy law office, a law clerk may complete the client identification process related to a residential real estate purchase.
  23. ________ Law clerks may very occasionally give undertakings on behalf of lawyers in real estate transactions if the lawyer gives them permission to do so.
  24. ________ A Planning Act title search is not required if the land is a whole lot on a plan of subdivision.
  25. ________ Every encumbrance that is attached to property must be cleared before closing.

 

________/ 25   TOTAL Question One

 

QUESTION TWO – MULTIPLE CHOICE (10 MARKS) Please write the letter of the best answer in the space provided. Each question is worth 1 mark.

 

  1. __________ Which of the following land registration systems does not provide a guarantee of title?
a. Land titles system
b. Registry system
c. Neither of the above
   
  1. __________ Which of the following is not the correct name of a document you might find in conveyancing law?
  2. charge/mortgage
  3. transfer/deed
  4. cessation of charge/mortgage
  5. all of the above
  6. none of the above

 

  1. __________ Harry and Ginny are buying a house and wish to have the right of survivorship.  They should take title:
a. as joint tenants
b. as tenants in common
c. as grantor/transferor
d. as mortgagor/mortgagee
e. on joint account

 

  1. __________ Hermione and Ron are the sellers in a residential real estate transaction.  In the transfer document, they would be the:
a. Joint Tenants
b. Transferors
c. Transferees
d. Mortgagors
e. Mortgagees

 

  1. __________ The Andrews sisters all hold title to a property as tenants in common. Maxene, the eldest, suddenly dies. Which statement is correct?
a. The remaining sisters have the right of survivorship and are now joint tenants.
b. The remaining sisters have the right of survivorship as tenants in common.
c. The remaining sisters remain as tenants in common with the estate of Maxene.
d. Maxene’s share goes to the government, which can force the sale of the home.

 

  1. __________ Most property is held in ___________________, which provides for the closest thing to absolute ownership:
a. life interest
b. life estate
c. fee interest
d. leasehold
e. fee simple

 
  1. __________ The base amount of a mortgage debt is referred to as the:
a. term
b. terms
c. maturity
d. principal
e. payment

 
  1. __________ The date on which all monies are due under a mortgage is referred to as the __________ date:
a. term
b. terms
c. maturity
d. principal
e. amortization

 

  1. __________ Bob is purchasing his new home on April 15, 2023 and the mortgage funds will be advanced the same day.  The mortgage is for $200,000 at an interest rate of 5.0% with a blended monthly mortgage payment of $920.25 for an initial period of 5 years. Bob’s last payment will be made in the month of  ___________________.
a. April 2028
b. May 2028
c. June 2028
d. July 2028
   
  1. __________ Big Bank has sold Bob’s mortgage to Trusty Bank. Bob’s mortgage is said to have been:
a. extended
b. assumed
c. assigned
d. renewed
e. discharged

 

_______/10 TOTAL Question Two

 

QUESTION THREE – CONVEYANCING TERMINOLOGY (10 Marks)

For each of the following definitions or short pieces of information, supply the legal term or phrase that best identifies the definition. Each question is worth 1 mark.

 

 

             DEFINITION

  

       LEGAL TERM or PHRASE

 
1.   A registered __________ is another name for a document registered on title.

 

  

 
2.   This type of charge/mortgage can be paid off without penalty at any time.

 

 

  

 

 
3.   Rules governing the internal operation of a condominium corporation are also known as:  

 

 

 
4.   This Latin phrase clearly places the onus on the purchaser to exercise caution when buying a home, perhaps consulting a home inspector.

 

  
5.   This type of designation may prevent an owner of an old house from doing certain types of renovations if they detract from the old-fashioned look of the house.

 

  
6.   Term for property that shares a common boundary with the property being title-searched.

 

  

 

 

 

 
7.   This search is done to make sure there are no writs at the Sheriff’s office against the seller of the property.

 

  

 

 

 

 
8.   Real estate term for written negotiations back and forth between the buyer and the seller regarding various matters in the agreement of purchase and sale.

 

  
9.   Claim against land that will act as security for the payment of a debt by the landowner.

 

 

 

  

 

 

 
10.   Assessment of property conducted to determine the likelihood that one or more contaminants have affected the property.

 

  

 

 

 

 

 

 

________ / 10 TOTAL Question Three

 

QUESTION FOUR – SHORT ANSWER (43 MARKS) Please answer the following questions in the spaces provided. Pay attention to the marks assigned to each question!

 

  1. (a) Concession II in the Township of North Frontenac, County of Frontenac is divided into four lots. The shaded portion in the diagram below is Lot 4. What would be the legal description of the shaded portion? (2 mks.)
4

 

 3
  1

 

 2

 

(b)   The diagram below represents part of Lot 4, Concession II in the Township of North Frontenac, County of Frontenac, and is registered as Plan 8765. What would be the legal description of the shaded portion? (2 mks.)

12 1
11 2
10 3
9 4
8 5
7 6

 

 

  • Aunt Matilda transferred a property into the name of her niece Brunhilda, who is 17 years old. The ungrateful Brunhilda now wishes to sell the property. Is there a problem with that, and how would it have to be dealt with? (3 mks.)
  • Luke recently purchased his first home with mortgages obtained from Galaxy Bank and the vendor, Mr. Kenobi. Briefly explain what would happen in each of the following situations. Please Note that part (b) does not build upon the facts in part (a).
  • If Mr. Kenobi signed over his mortgage to Mr. Vader, who would give Luke the discharge of the mortgages next year? (2 mks.)
  • If Mr. Kenobi were to die in tragic circumstances just before Luke was ready to completely pay off the mortgages, how could Luke receive a discharge of the mortgages? (2 mks.)
  • Leia borrows $100,000 from Galaxy Bank on May 10th for her house purchase and arranges to make blended monthly payments on the 1st of each month. The first monthly payment will be due on July 1st.
  • When is Leia’s interest adjustment date? (2 mks.)
  • What is required if there is an existing mortgage on the property that Leia does not want to assume? (2 mks.)
  • (a) Sam owns a cottage property. He would like his sister to be able to live on the property until she dies, but he wants his niece and nephew to eventually inherit it. What should Sam do to arrange this? (2 mks.)

(b) Sam presently has a closed charge with his bank. He has just won the lottery and wants to pay off the charge. Can he do this? Briefly explain your answer. (2 mks.)

  1. Ollie is the owner of an old house in downtown Kingston. He hired Chuck as a contractor to renovate his house, and Chuck hired Paul to paint the interior. Paul completed his work on August 31st, and it looked very nice, even if he did say so himself. It is now September 21st and Paul has not been paid for the painting work. Paul would like to know about the process involved in collecting the money owing to him.
  2. By what date must Paul take his first steps toward getting his money? (1 mk.)
  3. What is the terminology for this initial legal process? (1 mk.)
  4. By what date must Paul take his next steps toward getting his money? (1 mk.)
  5. What is the terminology for this legal process? (1 mk.)
  6. Whom can Paul sue, and for what? Briefly explain your answer. (4 mks.)
  7. Matilda Manning purchased a property with her then-boyfriend. They got married, and when they sold the property, her name was Matilda Denning. Will her change of name cause an issue when they want to sell the property? Briefly explain your answer. (2 mks.)
  8. A buyer recently purchased farmland, unaware that it contained toxic waste buried long ago. The farmer selling the land was aware of the toxic waste but said nothing about it to the buyer. The barrels of toxic waste are now seeping into the water table. The toxic waste was discovered soon after closing due to the contamination of the water table and its effects on neighbouring properties. The Ministry of the Environment has issued a clean-up order against the property. What is the position of the buyer who recently purchased the farmland? (5 mks.)
  9. Barbie and Ken owned their Dream House as joint tenants. Sadly, Ken died a couple of years ago, and now Barbie wishes to sell the property, as she plans to marry a GI named Joe. The Dream House is registered in the Land Titles system. What must Barbie do if Ken’s name is still on title to the Dream House? (2 mks.)
  10. What is a chain of title and why is it important? (3 marks)
  11. Briefly describe two things a lawyer may not delegate to a law clerk in a real estate transaction. (4 marks)

________/ 43 TOTAL Question Four

 

QUESTION FIVE – CLIENT FILE (12 marks)

 

Our client, Celia, is interested in purchasing a condominium, but she has heard from friends and colleagues that “condo fees” or “condo expenses” can be very high. She would like to know what “condo fees” are, and whether she would have to pay any of them.

Explain to Celia what expenses the condominium corporation might impose on condominium owners — and explain to her whether she would have to pay them. (12 marks)

 

________ / 12 TOTAL Question Five   BONUS QUESTIONS – Next Page  à

 

BONUS QUESTIONS (1 mark each)

  • Your search of title has revealed that there hasn’t been a conveyance of the property within the required search period. What would your Conveyancing professor recommend that a careful law clerk should do regarding this title search?

 

Answer:

 

  • This real estate term refers to both the signing of the Agreement of Purchase and Sale and a writ of seizure and sale.

 

Explain Chronology of the dispute. Analyze the articles and agreements being sued. Explain your argument to settle the dispute.

/in /by

INTERNATIONAL TRADE LAW. EURPOIAN UNION

Measures Concerning the Importation of Citrus Fruit From South Africa

Assignment:
1. Explain Chronology of the dispute.
2. Analyze the articles and agreements being sued.
3. Explain your argument to settle the dispute.

Paper Guidelines
1. 12 times new roman
2. 1.5 spasi
3. Paper A4
4. Minimum of 10-pages
5. Using Citation, footnote OSCOLA
6. Use English, copy paste is prohibited

Does the current law achieve balance in this area?

/in /by

Section 41 Youth Justice and Criminal Evidence Act 1999 and the right to a fair trial

Does the current law achieve balance in this area?

How might have Holder avoided the risk of bearing the unforeseen and significant increase in steel prices? If you are Holder, how would you rewrite this contract to avoid liability in the future?

/in /by

CASE 7.4 Holder Construction Group v. Georgia Tech Facilities, Inc., 282 Ga. App. 796 (2006)

FACT SUMMARY Holder Construction Group, LLC (Holder), entered into a contract with Georgia Tech Facilities (GTF) for the construction of the Georgia Tech Family Apartments project. Under this contract, Holder assumed the obligation to construct the project for a guaranteed maximum price. This is known as a construction-manager-at-risk contract, under which Holder bears the risk for performance deficiencies, construction delays, and cost overruns. The parties also negotiated a clause in the contract concerning any delay of performance by including the following force majeure clause:

If Construction Manager [Holder] shall be unable to perform or shall be delayed in the performance of any of the terms and provisions of this Agreement as a result of (i) governmental preemption of materials in connection with a national emergency declared by the President of the United States; (ii) riot, insurrection, or other civil disorder affecting performance of the Work; or (iii) unusual and extreme weather conditions constituting Acts of God, then, and in any such event, such inability or delay shall be excused, and the time for completing the affected portions of the Project shall be extended.

After construction on the project had begun, Holder experienced difficulties due to an increase in steel prices and the late delivery of steel materials. Because of these problems, Holder requested a 67-day time extension. GTF denied the request. Holder then filed a declaratory judgment action, arguing that it was entitled to an adjustment of more than $1 million in the contract price due to cost overruns and a time extension of no less than 63 days for completing the project.

The trial court granted summary judgment in favor of GTF, and Holder appealed the decision.

SYNOPSIS OF DECISION AND OPINION The Georgia appellate court affirmed the decision of the trial court and allocated the risk of steel price increases and shipment delays to Holder. The court analyzed the force majeure provision in the context of delays and found that the sudden price increase fell outside of the force majeure clause. The court held that price increases are purely economic and cannot be classified as unforeseeable under the doctrine of impossibility. Absent a price escalation plan in the contract, the risk falls on Holder. WORDS OF THE COURT: Risk for Delay “It is undisputed that the late delivery of the steel was not the result of any of the causes stated in the ‘Force Majeure clause.

“The contract goes on to state that late deliveries of materials, for reasons other than those set out in the ‘Force Majeure clause, ‘do not constitute reason for extending the Date for Final Completion’ and it is the construction manager’s responsibility to make adequate provision for this when scheduling the work…. Accordingly, under the contract, Holder bore the risk of the late delivery of the steel because it was not due to any of the reasons set out in the ‘Force Majeure’ clause…. “Likewise, GTF was entitled to summary judgment on Holder’s claim for damages due to the rise in steel prices. As the trial court held, the contract did not contain [a price] escalation clause, and Holder had already been paid from the construction contingency fund for this claim.”

FACT SUMMARY In 2006, Ralph and Carolee Thomas (Thomas) signed a contract with Montelucia Villas, LLC (Montelucia), for the construction of a custom villa for $3,295,000. As part of the purchase agreement, Thomas made three installment deposits totaling $659,000, representing 20% of the villa’s purchase price. The remainder of the purchase price was due when Thomas took title to the completed villa. The contract characterized the payments as “earnest money deposits.” The contract also provided that Montelucia could retain the payments as damages if Thomas breached the construction agreement.

On April 25, 2008, Montelucia notified Thomas by letter that it had set the closing date of May 16 to transfer title to the villa in exchange for payment of the remainder of the purchase price from Thomas. When the letter was sent, Montelucia did not have a certificate of occupancy for the property, which the contract required as a condition for closing. Thomas responded on May 6 with a letter stating that they would not close on May 16 and they were terminating the purchase contract alleging that Montelucia had not performed its obligations and had violated Arizona statutes governing the sale of subdivided land. The Thomas letter asked Montelucia to return the $659,000 in deposits. Montelucia did not respond to the letter or refund the deposits. Instead, it unsuccessfully attempted to obtain a certificate of occupancy for the property on May 8 and May 14. Montelucia ultimately obtained the certificate on August 27.

In February 2009, Thomas sued to recover the deposits. Montelucia counterclaimed for breach of contract. Although the trial court ruled in favor of Thomas, the court of appeals reversed and ruled that Thomas had anticipatorily repudiated the contract by sending the May 6 letter. Thomas appealed.

SYNOPSIS OF DECISION AND OPINION The Arizona Supreme Court reversed the decision of the court of appeals and remanded the case to a lower court. The court ruled that although the doctrine of anticipatory breach could be applied in this case, damages for the nonbreaching party turned on whether Montelucia was ready, willing, and able to perform its obligations. Because there was a factual dispute as to whether Montelucia would have been able to perform, the court ordered the trial court to determine whether Montelucia was able to close in accordance with the contract. If it was ultimately determined that Montelucia was ready, willing, and able to perform as required by the contract, the court could then determine the appropriate remedy available to Montelucia under the contract.

WORDS OF THE COURT: Ready and willing to perform “An anticipatory repudiation is a breach of contract giving rise to a claim for damages and also excusing the necessity for the non-breaching party to tender performance. Yet, an anticipatory breach, by itself, does not entitle the injured party to damages. To recover damages, ‘[i]n addition to proving repudiation, the non-breaching party need only show that he would have been ready and willing to have performed the contract, if the repudiation had not occurred.’ Thus, ‘[a] party’s duty to pay damages for total breach by repudiation is discharged if it appears after the breach that there would have been a total failure by the injured party to perform his return promise.”

 

 

Case Questions

  1. How might have Holder avoided the risk of bearing the unforeseen and significant increase in steel prices?
  2. If you are Holder, how would you rewrite this contract to avoid liability in the future?
  3. Focus on Critical Thinking: If the parties had left out the force majeure clause, how would the case have been decided?

Read case 7.4 – Holder Construction Group v. Georgia Tech Facilities, Inc. and answer the three questions provided. Then address:

  1. Assess the timing of this case (2006) – What global economic factors in 2004-2006 may have helped cause this case?
  2. Briefly contrast this case with Case 7.5. Are there any similarities that stand out to you?
  3. Do you think the courts ruling in each of Case 7.4 and Case 7.5 are fair? Why or Why not?