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Basketball fundamentals require that each player is entitled to a spot as long as the player was there first (screening action requires additional steps) However if A runs over B who was legally entitled to the spot on the floor, A has committed a foul. So to answer your first question can there be a foul called with out establishig leagal guarding position? Yes! and you need to have the guts to amke the call. I can just see a game where defense has turned and faced the basket and a player crashes into his back from behind and we call the foul on the defense because he did not have legal guarding position. Make that call and there will be at least one ejection.
You ansered your own question, when there is no legal guarding position foul can go either way depending on other rules, (screening, player entitled to a spot) but when there is legal guarding position and the defense has maintained it, the responsibility for the foul lies with the offense. I think block/charges are the easiest calls in the game, but you have to referee the defense to know what's happening. Once you do that the Block/Charge is the easiest call. Once you have done that right the second easiest call is the one that looks like a letter from the alphabet on the coach.
On your second play, I would have to see it, dont think I'll ever see it and I agree with BktBallRef that if it did occur it might be incidental, it could be tripping depending o how the player is getting up, or it could be on the dribbler for being stupid for going over another player. I would lean toward the call for being stupid and protect the player on the floor (unless the player on the floor was malicious)
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