Explain primary Sources of law

Please name five secondary sources that summarize, discuss, or explain primary sources of law. When dealing with immigration case decisions, the reasons for the decision contain certain structural elements. Please name them all.

 

 

 

23. Please spell out the following title abbreviations in the space provided. SC =
RSO =
s =
S.O. = RSC = SOR =
ss =
BC Reg. =

24. Please name three primary sources of law.

 

25. A correct legal citation of a case consists of several parts. Please explain each of those parts for the following citation: R v Miller (2010), 3 DLR (2d) 109 (Ont CA) by matching each component to its correct description

1) R. v. Miller:
2) 2010:
3) 3:
4) DLR:
5) 2d:
6) 109:
7) Ont CA:

a) Page number on which the case begins in the report volume
b) Year case is decided or published
c) Law report series number
d) Style of cause
e) Law report number
f) Jurisdiction and court
g) Name of the law report series

26. Please examine the following citation and select what is wrong with it: R v Vergos, [1993] 99 DLR (4th) 626

a) Comma is in the wrong place
b) Style of Cause is not italicized
c) Missing jurisdictions on the end
d) Brackets should be square

27. Please examine the following citation and select what is wrong with it: Young v Gary (2001), 63 OR (2d) 389 (HCJ)

a) Comma is in the wrong place
b) Style of Cause is not italicized
c) Missing jurisdictions on the end
d) Brackets should be square

28. Please examine the following citation and select what is wrong with it: R v Michaels [1987], 7 CCLT 209 (BCSC)

a) Comma is in the wrong place
b) Style of Cause is not italicized
c) Missing jurisdictions on the end
d) Brackets should be square

29. Please examine the following citation and select what is wrong with it: Ripton v Lippo
(1980), 2 SCR 192

a) Comma is in the wrong place
b) Style of Cause is not italicized
c) missing jurisdictions on the end
d) Brackets should be square

30. Please examine the following citation and select what is wrong with it: Daniels v Craigston
(1995), 26 OR (3rd) 209 (CA)

a) Comma is in the wrong place
b) Style of Cause is not italicized
c) Missing jurisdictions on the end
d) 3rd should be 3d

31. Please take the following citation and rewrite it correctly. (Disregard italics) [1993] Ontario v Ontario (Labour Relations Board) 327 3, SCR

32. Please take the following citation and rewrite it correctly. (Disregard italics) (QL) [1986], No 987 OJ Atlas v CIL Inc.

33. Please take the following citation and rewrite it correctly. (Disregard italics) R.S.O., c. H.8, Highway Traffic Act 1990

34. Please take the following citation and rewrite it correctly. (Disregard italics) 34 (2d) (2009) 5 OR (CA) Riggs v Monroe,

35. Please take the following citation and rewrite it correctly. (Disregard italics) SCR 217 [1997] R v Latimer, 1

36. Why is legal research important to the Immigration Consultant?

 

 

 

 

 

 

37. Describe the significance of each part of a neutral citation from an Ontario court and define what a neutral citation is.

How are drugs being used in a particular area of the United States

The state of New Jersey has which kind of drug problem?  How are drugs being used in a particular area of the United States? This may be cultivation, distribution, use, abuse, etc. Focus on gaining statistics, drug types, who is using them (males, females, juveniles, adult comparisons), where they are being used, and the crime types associated with drug use.

Last, explain why drugs are being used/distributed so regularly in your state.

The Land in multiple phases

Donna represents a commercial developer, RP Contractors (RP), which is buying 120 acres of undeveloped land to build a shopping center. RP will develop the land in multiple phases, beginning with the eastern 50 acres. RP informs Donna that about a year ago the seller of the property granted an easement along the West boundary of the property to the county water department.

RP tells her that the easement should be 20 feet in wet, but RP does not know the exact location.

RP wants Donna to do a title search and issue a title opinion as part of his purchase. Instead, Donna gets RP’s approval to order title insurance. She engages quick title insurance Inc, a local company with whom she and her firm have no affiliation. When Donna receives the title commitment prior to closing, she reviews it and notices that it does not mention any easement to the County Water Department.

  1. What action, if any, should Donna take at the present time

A Loose-leaf multi-volume legal encyclopedia

The CED is: (a) A legal resource that is only available on Quicklaw (b) A loose-leaf multi-volume legal encyclopedia that provides a very general overview of most areas of law
(c) known as the “Canadian Encyclopedia Addendum”

2. A reported case:
a) Can only be found in Quicklaw or Westlaw
b) Is a judge’s decision and reasons about a case published in a law report series
c) Is a case not published in a law report series
d) All the above
e) None of the above

3. A Boolean Search is:
a) A technique used exclusively on CanLII to find caselaw
b) A method by which the computer hunts through thousands of documents to locate requested combinations of words or phrases
c) Helps a researcher figure out key words to use in a search for caselaw
d) All the above
e) None of the above

4. Ratio Decidendi means:
a) It has been decided
b) Reasons for deciding
c) Let the buyer beware
d) None of the above

5. When dealing with Sources of Canadian Law, it is made up of:
a) Statutes
b) Regulations
c) Decisions/Caselaw
d) All the above
e) None of the above

6. A decision of the Superior Court of Justice:
a) Is binding on all other provincial courts
b) Is not binding on the Small Claims Court
c) may be considered binding on the inferior provincial court
d) is binding on its own

7. A statute passed by either federal Parliament or provincial legislatures:
(a) Can be used as a source of law
(b) Cannot be used as a source of law in an administrative body
(c) Is categorized exclusively as private law
(d) All the above
(e) None of the above

8. Binding law is:
(a) law that must be followed by a court
(b) law that a court is not required to follow
(c) law that should be followed by a court
(d) law that a court is not required to follow, but may follow if it wishes

9. In a case on appeal where there is a majority opinion and a dissent, only the:
(a) Minority ratio is binding
(b) Dissenting decision matters
(c) Majority ratio is binding
(d) Persuasive value of the decision matters

10. The main purpose of legal research is:
(a) To determine what secondary sources are used to argue the law
(b) To find binding law that is relevant to a legal problem you need to solve
(c) To exclusively understand a Regulation

11. When reading caselaw, a headnote is the judge’s explanation or summary of the case.
(a) True
(b) False

12. Orbiter Dicta is binding.
(a) True
(b) False

13. A decision of the Provincial Court of a province is not binding on, but is persuasive to, other judges of the Provincial Court.
(a) True
(b) False

14. Regulations can come into force upon “filing”, “registration”, or “publication”.
(a) True
(b) False

15. A style of cause contains the name of the law report series.
(a) True
(b) False

16. When you quote a statute for research, never paraphrase. Quote the statute exactly or you’ll change its meaning.
(a) True
(b) False

17. A parallel citation tells you about other reports where the same case report can be found.
(a) True
(b) False

18. A disposition is the judge’s orders set out at the end of a case.
(a) True
(b) False

19. A Provincial Court of Appeal binds every court in that province.
(a) True
(b) False

20. Persuasive law is law that must be followed by a court.
(a) True
(b) False

File suit against the Chicago Sun-Times

Former Rep. Joe Walsh (R-IL) said Tuesday that he plans to file suit against the Chicago Sun-Times this week over an article on his child support payments.

“I will file suit this week. The article is pure defamation and a hit piece as evidenced by the fact that they changed their headline 3 times and the reporter made no effort to contact us prior to dropping the story,” Walsh told TPM in an email.

Walsh claimed in a statement late Monday that the Sun-Times piece “implied that I did not want to make child support payments and was behind on payments. Both statements are false.” Included in his statement is an early version of the story, with the headline: “Ex-Tea Party Rep. Joe Walsh wants to stop paying child support because he’s out of a job.” In an email, Walsh called this headline an “abject lie.”

“[B]y law in Illinois I have to modify my support agreement when I change employment, whether I’m a congressman or an electrical engineer,” he said. “By law, I modified to 20% of my net income for the final four months of my son’s high school before he’s emancipated. All of this is what I’m obligated to do. What is the story here? No, the Sun-Times purposely tried to sully my name again and I will fight back against them and anyone else who does.”

An updated version of the story Tuesday morning carried a revised headline: “Ex-Tea Party Rep. Joe Walsh insists he’s not trying to stop paying child support.” Asked for comment, Sun-Times editor Jim Kirk told TPM: “Just that we stand by our story. Nothing further.”

——–

 

Article 2: This is the article that the dispute is over:

 

Ex-Tea Party Rep. Joe Walsh insists he’s not trying to stop paying child support

BY NATASHA KORECKI Political Reporter Twitter: @natashakorecki February 11, 2013 4:48PM

Updated: February 12, 2013 7:13AM

 

After insisting he wasn’t a “deadbeat dad” throughout his failed campaign for re-election, ex-U.S. Rep. Joe Walsh is still dogged by questions about child support.

 

Walsh, a flame-throwing Tea Party Republican who was trying to land a radio deal and last week announced he was forming a new conservative SuperPAC, filed court papers seeking to end his obligation to pay $2,134 per month in child support.

 

But once again, Walsh insists he’s no deadbeat. Both he and his attorney say that since he is no longer employed as a congressman, they want to “modify” the previous agreement so that he pays 20 percent of his current salary.

 

Walsh is not currently employed and has no salary. But that could change, he said. “I’m working on it,” he said. But an attorney for Walsh’s ex-wife said that the former congressman is behind on child support payments that were dictated under a previous court order and that Walsh’s ex-wife was taken by surprise by a Feb. 1 court filing that asks “to terminate child support obligation,” saying Walsh “is without sufficient income or assets with which to continue to pay his support obligation.”

 

“This is the first communication we’ve received from the congressman; she had no information prior to receiving this filing in the mail that he was going to seek,” said Jack Coladarci, an attorney for Walsh’s ex-wife. “He did not pay January and he has not paid February support… You still have to keep paying until the judge says you can stop.”

 

Walsh’s court filing states: “Joe’s employment has been terminated through no voluntary act of his own and he is without sufficient income or assets with which to continue to pay his support obligation. Due to a substantial change in circumstances, Joe requests that his child support obligation be terminated based on his present income and circumstances.”

 

But Walsh insists he’s not trying to get out of paying anything. He said the key part of the filing comes at the end; when it asks that the court “modify Joe’s child support obligation to a sum equal to 20 percent of his net income until the minor child graduates from high school in 2013.” Asked why the motion was titled “motion to terminate child support,” Walsh’s lawyer, Janet Boyle, characterized the title to the motion, which Walsh signed, as misleading.

 

“It probably should have been a motion to modify, that’s probably what I would have captioned it. My office used a word that is getting turned around here,” Boyle said. “That’s what we’re asking for, a modification, whether that’s modified to zero or some other number has yet to be seen.” In an interview, Walsh characterized the filing as routine and said he has no intention of backing down from paying child support payments.

 

“What I did was what every divorced father is supposed to do,” when a father’s employment changes. “My ex-wife’s child support payment was taken out of my paycheck,” Walsh said. “I don’t know what that will be yet,” Walsh said of what he will pay going forward. “But whatever I make these next four months will go by law to my youngest child.”

 

“I have paid child support … through the end of my congressional payment,” Walsh said. “I received a check, and so my ex-wife would have received 20 or 28 percent of that. She received her normal payment. They took it out of my check, they took it out of my check in January.”

 

Walsh provided pay stubs to the Sun-Times. One shows that there was a $2,134 deduction for the pay period ending Dec. 31. However, Coladarci said that reflects the payment for December, not January. A pay stub from Walsh dated Feb. 1, does not show such a transfer.

 

“Nobody’s saying he’s not going to pay anything,” Boyle said. “All we are saying is that Mr. Walsh’s circumstances have changed and he, like every other father in the state, is entitled to seek a modification … If he doesn’t make any more money for the next four months, why would he continue paying $2,134?”

 

Now the question:

 

1) Discuss, in detail, each of the six elements of a defamation tort as they would apply Walsh’s situation. Be specific as to his situation based on the facts when explaining the multiple elements of the tort.

The Reps’ land acquisition

Assume the above facts from problem 11 E, but this time Donna not only represents RP but is also an agent for Republic. In connection with the reps’ land acquisition, Donna provides a title search and issues the title insurance commitment and policy for Republic. Dan’s only comments to RP about title insurance were don’t worry, I can save you some money on the title work because I am an agent for Republic title and I can give you a 10% discount. After taking on the representation of RP, Donna signs a title search for a new associate at her firm.

this is only the second time that Donna’s associate has done a title search and prepared the title insurance commitment.

The associate does not find any easements affecting the property and makes the judgment that the seller has marketable title.

The associate prepares the commitment and eventually the post-closing title insurance policy showing a clean title. Donna signed the commitment and policy as an agent for Republic.

Three months after closing, RP comes to see Donna, telling her about a problem with the county water department having workers starting to clear vegetation from a strip of the E 50 acres of the property. The county water department claims it has a 40 foot wide utility easement running along the land that is clearing.

RP reminds Donna that she was told about an easement, but RP reiterates that he thought it was located along the West property line and that it would not impact his project. Donna rechecks the title records, and finds that the water department easement was properly recorded prior to the signing of the contract of sale between RP and his seller.

The newest associate just plain missed it. What should Donna do? Did Donna meet her ethical obligations in agreeing to represent RP and issuing insurance as an agent for Republic?

Blood work her ethical obligations and taking on the legal representation, and in supervising her associate? What are her ethical duties to each client at this point now that the error has surfaced?

 

Placement in a Rural health facility

You are on placement in a rural health facility with another student. You are both staying in the quarters building and have been on the same shifts for the week. You notice that your fellow
student appears to be drinking alcohol quite heavily each night and getting back to the quarters very
late. At the start of the placement, you were asked if you wanted to have a drink with them, but you
declined as you wanted to focus on your studies. Last night they were posting pictures of
themselves in uniform at the local pub intoxicated and posting this on their Instagram stories.

This
morning it appears that they are attending the morning shift apparently still under the influence of
alcohol. You decide to confront them as their behavior is putting patients at risk and also has an
influence on your placement.

They state that they have been struggling with the death of a close
friend a month ago and that without the support of family they are struggling emotionally. They
don’t want you tell anyone as they need to get through this placement as they cannot afford to
repeat the placement or course and would have to withdraw from their degree.

 

Q) what are the options of action in this case? (make the decision and take the responsibility, justify decision)

Q) implementation of this case (act on the decision, plan for consequences)

Q) access to outcome (evaluate decision-making progress and seek support if needed)

A Home playground equipment manufacturer

In March, retail chain Toys-We-Is signed a contract with PlayCo, a home playground equipment manufacturer. The contract provides for PlayCo to ship Toys- We-Is 1,000 of its exclusively licensed Space Trek Wars play forts at $10,000 each, for delivery on November 1. Toys-We-Is originally planned, in turn, to sell the play forts for $15,000 at retail.

In July, however, a new installment in the Space Trek Wars movie franchise releases and it becomes a massive hit, increasing the demand for products associated with Space Trek Wars. Sensing an opportunity, Toys-We-Is launched an ad campaign built around these elaborate sci-fi themed play forts, which it now plans to sell for $20,000 as all indications are that the forts will be a high-end “it” toy for the holiday season.

On October 1, PlayCo informs Toys-We-Is that it is breaching the contract and will not deliver any of the forts. The real reason for this breach, it turns out, is that PlayCo decided it could sell the forts to the public itself through its website and reap all the profit. The president of Toys-We-Is, Latoya Ball, has come to your office about the situation.

Ball says that while losing profit on the forts is bad enough, her greater concern is with the loss of reputation for the Toys-We-Is chain, which has built its entire marketing plan around Space Trek Wars and these play forts as the “crown jewel” product. Many customers would be drawn into the stores to gawk at the floor model, even though few will purchase it.

That sort of foot traffic (especially parents with children) drives holiday sales. Ball wants to know if she can force PlayCo to honor its agreement with Toys-We-Is. Can she? Make sure your answer addresses UCC § 2-716 and its Official Comments 1 and 2.

The attorney/Client privilege

The attorney/client privilege applies when a client discloses past crimes to an attorney.  If a client confessed to a sexual assault unrelated to the current case, the attorney would not be legally required to report it.  Do you feel the attorney/client privilege should extend to such circumstances?  give three (3) reasons supporting your position.

Tsunami and its Hazards in the Indian and Pacific Oceans

Preventable Catastrophe?” The Hurricane Katrina Disaster Revisited “Preventable Catastrophe?” The Hurricane Katrina Disaster Revisited – Alternative Formats. Tsunami and its Hazards in the Indian and Pacific Oceans: Introduction Tsunami and its Hazards in the Indian and Pacific Oceans: Introduction – Alternative Formats

Once you locate the articles, you must read, analyze then compare them utilizing this Venn Diagram this Venn Diagram – Alternative Formats . Upload and submit your completed diagram.

For a simple example of a completed Venn Diagram, click here. Your diagram should be far more in-depth and have more detail than this example.
For simple “How To” videos, click the following links.

https://www.youtube.com/watch?v=1GB3ivbichw

https://www.youtube.com/watch?v=UPGxuzN–Ss