Exam 1: Risk Management and Sources of Law

Sigma Inc sued Tau Ltd for breach of contract and asked for the remedy of specific performance. The case will be heard in Alberta. Which of the following statements is TRUE?

Is it easy or difficult to change the Constitution? What is the policy that underlies the correct answer to that question? Who must agree before the Constitution can be changed?

Quebec is said to be a "civil law system" because it is derived from the legal system that governed the citizens of ancient Greece.

The Premier of your province wants to invoke the notwithstanding clause in order to avoid the consequences of a recent decision by the Supreme Court of Canada. Before he tries to do so, however, he wants to know as much as possible about the notwithstanding clause. Which of the following statements is TRUE?

A town called Malice has undertaken a risk management study in an effort to minimize its exposure to legal liability. Since it is a form of government, and therefore a public body, it wants to know if it ever needs to worry about private law. Provide an answer to that question.

Which of the following statements is TRUE with respect to the law of Quebec?

Eric, who is a resident of Saskatchewan, has sued Trois Etoiles Ltd, which is a company based in Quebec, for breach of contract. Which of the following statements is TRUE?

The Town of Blackville created a set of rules for the licencing of businesses. Which of the following statements is likely TRUE?

The Dark Room Bookstore was recently charged under the Criminal Code with selling magazines that contain photographs of people involved in violent and degrading sexual acts. The owner of the bookstore believes, however, that the government should not interfere in the private lives of its citizens and that he has a right to express his sexuality through the sale of such magazines. Which of the following statements is TRUE with respect to the Charter in this situation?

During a trial, a lawyer raised an argument based on the concept of the "residual power." The lawyer's argument must