Management Law (3010A)
Question 1
In Nazi Germany, the government passed laws dispossessing Jews and others of their
property, such as homes, motor vehicles etc. Property was sold to other German people
eligible to own property. Following the war, a dispossessed Jewish survivor of a
concentration camp takes legal action in a West German court for the return of “his”
house. The new owner contends that he bought the house lawfully and that the plaintiff
(the Jew) has no legal entitlement to it.
Who should be successful in court? Explain your reasoning?
Question 2
During WWII in Germany, a woman reported to the authorities the illegal activities of her
husband (who opposed the Nazi regime) as she was required to do by law. In post-war
Germany, a law was passed rendering the woman’s action illegal. She was convicted.
Was the post-war, retroactive law valid? If so, was it any more valid than the law that
bound her to inform on her husband during the war? Which law should take precedence?
Explain your reasoning.
Question 3
You are the Attorney General of Canada and receive two separate applications for the
extradition of two persons from Canada to face criminal charges in two foreign
jurisdictions. You have discretion to decide whether or not to extradite an individual.
The first application is from the Attorney General of Texas for the extradition of a man
who has allegedly committed the murder of a store owner in an armed robbery. The man
has dual Canadian and US citizenship and, if convicted of the crime could receive the death
penalty if so decided by the judge.
Explain the reasoning behind your decision.
The second application comes from a middle-east country seeking the extradition of a
woman on charges of adultery. Four years previously, the woman left her husband in the
middle-east country, settled in Canada and entered a common law marital relationship
with a man with whom she had two children. Her husband in the middle-east country
informed the authorities in his country of his wife’s crime of adultery and those authorities
applied for her extradition to stand trial. Adultery is punishable by death.