2201 laws us foreign policy

PART 1 SHORT ANSWER QUESTIONS

1. Duff (Casebook at 155) wrote about the Mullick v Mullick case which involved a legal dispute about the relocation of an endowed Hindu idol. STATE the decision of the Privy Council on the question of whether the idol was a legal person and, drawing on Duff, provide THREE main points about the legal person concept affirmed in the Mullick case.

2. Gregory Mark (Casebook at 163) argues that by adopting the “the language of personification” the law formed “an image of [corporation] an autonomous, creative, self-directed economic being”, that has “now [been] comprehensively naturalized in law.” Provide ONE clear example of this ‘naturalization’ of the corporation in Canadian legislation.

3. Review the case of Salomon v Salomon Ltd (Casebook at 158). The central legal issue was whether the corporation was a legal person. STATE the decision on this issue by the House of Lords; and EXPLAIN the legal difference this made to Mr Salomon from the associated concept in corporation law.

4. We have studied several authors (e.g., Waldron, Casebook at 181, Ziff, Casebook at 197) who have considered why a society will consider it necessary to create a ‘system of property’ and the role of law in supporting a property system. Provide TWO of the main reasons for having a property system and TWO roles of law in supporting a property system.

5. STATE the legal definition of property, as studied in this course. Review Davies and Naffine, Casebook at 177 and Ziff Casebook at 185-186. Note: DO NOT refer to outside sources such as Wikipedia!

6. Identify the THREE main types of property recognized in private law, give ONE common example of each and STATE the central organizing idea (as to decision-maker) of that type of property. Review Waldron (Casebook at 213). Note: ‘collective property’ is not a correct answer although referred to by Waldron.

7. Sort the following table to match each of statement in column 1 with the School of Thought (theory )in column 2 and the judicial opinion quoted in column 3. Merrell (Casebook at 189) may assist you. Write your answer in the following format (for example): A = SVE & 2