1. Kelly is a director of Island Properties Ltd.(the Company). He engaged the accounting firm of Westcan Accounting to perform certain professional work on behalf of the Company. When the work was completed, the accounting firm submitted an account for their fees. The Company failed to pay and the firm commenced legal action to collect the account. The Company argued that Kelly was not a managing director (the firm did not have one), and therefore he did not have authority to bind the Company.
a. Is the defence likely to succeed? Discuss Kelly’s legal relationship to the Company and what type of authority he had.
2. Himmel, a German immigrant, carried on an electrical business for many years under the name “Himmel Electrical”. On advice from his accountant, he incorporated Himmel Electrical Ltd. with himself as sole shareholder and director. He sold all his equipment and machinery to the new company and as payment, received 1000 common shares and a mortgage for $125,000 on all equipment and machinery which he had just sold as well as any future assets the company may acquire. The mortgage was by way of a Security Agreement and was registered with the government registry as required under the BC Business Corporations Act. The new company carried on the electrical business; however, Himmel overlooked changing the sign outside his shop and did not tell his customers or suppliers that the business was now owned and run by a company. Business invoices were nevertheless rendered in the company name and all letters were on company stationary. Several years later, the business ran into financial problems because of a loss of customers to larger competitors and Himmel shut the business down. The business assets were sold for $55,000 and Himmel claimed payment in priority to creditors’ claims totalling $82,500. The creditors claimed priority instead, since they were unaware of the change of ownership.
a. Discuss the issues raised in this case and how the dispute might be resolved.”
Homeland Security Paper “What is Intellectual Property (IP) and how does counterfeit merchandise impact the U.S. economy?
What safety and health concerns are posed by counterfeit products?
How does IP theft pose an existential threat to national security?
Discuss the action that prompted the “”border control offensive”” and made the issue of illegal immigration a priority.
What are “”Smart Borders””?
How have the SMART Port Security, the SAFE Port Act, the Small Vessel Security Strategy, and the Marine Transportation Security Act impacted port security?
Compare the similarities and differences of the external borders of New Europe with that of the U.S./Mexico border. Which of these (similarities/differences) have had the most positive or negative impact on border security?”
Legal Issues David “A police officer must have probable cause to arrest an individual. What is probable cause? How much probable cause is needed to secure an arrest or search warrant?
Although there is not a precise definition of probable cause and may vary slightly between people. As stated in the Supreme Court Case Draper v. United States “the facts and circumstances within their [the arresting officers’] knowledge and of which they had reasonably trustworthy information [are] sufficient in themselves to warrant a man of reasonable caution in the belief that”” an offense has been or is being committed. (Draper v. U.S, 1959) Probable cause deals with probabilities just as the name implies. Probable cause requires a fair probability of a crime committed. When dealing with how much probable cause is needed to secure an arrest warrant, the judge will look at the totality of the circumstances and see if it meets the threshold of probable cause per the judge. The officer will have to articulate the facts. If you put it in perspective of a percentage, reasonable suspicion may be 15-25%, and probable cause would be 51%-100%.
What is the exclusionary rule? Discuss the exceptions to the exclusionary rule.
The Exclusionary rule is summed up by simply saying evidence obtained in violation of the fourth amendment may not be used in court. It is there to keep cops from violating somebodies fourth amendment right against unreasonable search and seizures. For example, an officer stops the car. Driver has a recent arrest for delivery of cocaine. The officer searches the car without probable cause and finds 50 kilos in the trunk.
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