FSCT 7004 - Business Law for Commercial Crime Investigation
Part-time Studies Course
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The course introduces the investigator to the legal underpinnings of business transactions. The civil law of contracts, sales of goods, secured transactions and business organizations are explored, along with the legal context within which ordinary commerce occurs and which determines the existence of a possibly criminal commercial transaction.
Admission to the program and
FSCT 7002. Credits
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Upon successful completion, the student will be able to:
Examine the facts of a given case and determine whether or not a contract has been formed between two parties.
State, in a given case, the nature of the obligations falling upon both parties to a contract.
Determine, in a given case, whether a contract has been terminated, and, if so, how it has been terminated and what rights and remedies remain to either or both of the parties.
State the requirements for obtaining search warrants, confirmation orders, production orders, and other compulsory process.
In a given case, state which compulsory process would be appropriate for obtaining evidence, and what requirements would have to be satisfied for the purpose of obtaining such an order.
In a given fact situation, determine whether evidence tendered would be admissible under the provisions of the Canada Evidence Act.
In a given case, determine whether sufficient evidence exists to make out a case in tort, and list the remedies that might be available to the plaintiff.
Distinguish actions in tort from actions in contract and, in a given case, state which route would be chosen and why.
In a given case, set out the order of priority of creditors, stating the reason for so ordering them.
Write a letter to a hypothetical client explaining the major provisions of the Personal Property Security Act and the obligations and remedies thereunder.
In a given fact situation , determine whether or not an agency relationship has been created, how it has been created, and what the rights and obligations are of the various parties involved.
Compare and contrast sole proprietorship, partnership (including limited-liability partnership) and corporation as a form of doing business, setting out the advantages and disadvantages of each.
In a given case involving negotiable instruments, explain who is liable to whom in a chain of transactions.
In a given case, determine whether the facts are sufficient to demonstrate all elements required to make out a case for fraud, theft, or other related offences under the Criminal Code.
In a hypothetical situation, apply key features of the Canada Business Corporations Act, BC Business Corporations Act, and the BC Securities Act.
In a given fact situation, explain whether or not a corporation could be regarded as a party to a criminal offence, and why or why not.
Compare and contrast the key features of the law regarding real property, personal property, and intellectual property, and apply these principles in a given case.
In a comprehensive case, determine the nature of any legal issues that are apparent.
Formulate a reasoned and appropriate response to the problems identified in the comprehensive case.
Effective as of Spring/Summer 2005
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