Question 1

The category of private law contains

Accepted Answer

A) contract law and tort law but not if a government has sued or is being sued. 
B) real estate transactions,lawsuits based on deceit,and the violation of copyrights,among other things. 
C) contract law and property law but not tort law,which is closely related to criminal law. 
D) only those cases that the parties resolve themselves,or with the assistance of a neutral third party other than a judge. 
E) rules that govern personal matters,such as the right to privacy but not rules that govern public matters,such as the contracts of a public company. 
A) contract law and tort law but not if a government has sued or is being sued. 
B) real estate transactions,lawsuits based on deceit,and the violation of copyrights,among other things. 
C) contract law and property law but not tort law,which is closely related to criminal law. 
D) only those cases that the parties resolve themselves,or with the assistance of a neutral third party other than a judge. 
E) rules that govern personal matters,such as the right to privacy but not rules that govern public matters,such as the contracts of a public company.

Question 2

A provincial statute says that a monthly allowance of $250 is available to "any parent or set of parents that cares for an adopted child who is under the age of 12." That provision was challenged under the Charter by a parent who cares for a young child to whom she gave birth.The court agrees that the statute discriminates against "birth parents." As a remedy,the court could

Accepted Answer

A) declare that the relevant provision is valid under the Charter and is therefore unconstitutional. 
B) allow the federal government to amend the provincial statute. 
C) grant an injunction that allows the parents to re-draft the statute in a way that extends the allowance to birth parents. 
D) read in a broader definition of "parent" that excludes both adoptive parents and birth parents. 
E) strike down the statute,but suspend the effect of that remedy in order to give the government time to re-draft the legislation. 
A) declare that the relevant provision is valid under the Charter and is therefore unconstitutional. 
B) allow the federal government to amend the provincial statute. 
C) grant an injunction that allows the parents to re-draft the statute in a way that extends the allowance to birth parents. 
D) read in a broader definition of "parent" that excludes both adoptive parents and birth parents. 
E) strike down the statute,but suspend the effect of that remedy in order to give the government time to re-draft the legislation.

Question 3

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?

Accepted Answer

A) Because freedom of expression is one of the fundamental rights that is contained in section 2 of the Charter,it cannot be subject to the notwithstanding clause. 
B) Once a court decides that the relevant provision of the Criminal Code does violate the right to freedom of expression,it becomes impossible to save that provision under section 1 of the Charter. 
C) The Charter is irrelevant in this case because the corporation that owns the store is not a person and therefore cannot claim the right to freedom of expression. 
D) Because the Charter applies only to government actions,it will not apply to this case unless the court is satisfied that at least one of the magazines was sold to a government official. 
E) The owner would have a good legal defence that his Charter rights of freedom of expression are infringed by the law.However,it is likely that the law will be upheld as a reasonable infringement of the right of expression,which restriction is demonstrably justified in a free and democratic society. 
A) Because freedom of expression is one of the fundamental rights that is contained in section 2 of the Charter,it cannot be subject to the notwithstanding clause. 
B) Once a court decides that the relevant provision of the Criminal Code does violate the right to freedom of expression,it becomes impossible to save that provision under section 1 of the Charter. 
C) The Charter is irrelevant in this case because the corporation that owns the store is not a person and therefore cannot claim the right to freedom of expression. 
D) Because the Charter applies only to government actions,it will not apply to this case unless the court is satisfied that at least one of the magazines was sold to a government official. 
E) The owner would have a good legal defence that his Charter rights of freedom of expression are infringed by the law.However,it is likely that the law will be upheld as a reasonable infringement of the right of expression,which restriction is demonstrably justified in a free and democratic society.

Question 4

Jahume Ltd operates as an Internet service provider.It has retained Alison to work as in-house counsel.Following an increasingly common trend,this means that she will work for the company from her own home,rather than from a traditional law firm office.

Accepted Answer

A) True 
 B)False

Question 5

Harrison owns and manages a golf course called Solo Golf and Country Club in a residential area.Recently,the number of incidents involving broken windows has been rising and residents are asking for compensation.In order to manage his risk,Harrison should

Accepted Answer

A) try to shift the risk to homeowners - they shouldn't have built there in the first place. 
B) accept the risk and just pay for any broken windows. 
C) close the course. 
D) create a contract with the homeowners in which liability is set at $100 per piece of damaged property but can be claimed even for minor infractions. 
E) incorporate a company to own the golf course so Harrison cannot be personally liable. 
A) try to shift the risk to homeowners - they shouldn't have built there in the first place. 
B) accept the risk and just pay for any broken windows. 
C) close the course. 
D) create a contract with the homeowners in which liability is set at $100 per piece of damaged property but can be claimed even for minor infractions. 
E) incorporate a company to own the golf course so Harrison cannot be personally liable.

Question 6

Techniques for managing risks include

Accepted Answer

A) insurance and incorporation but not exclusion clauses. 
B) exclusion clauses,negligence,and contract. 
C) incorporation,insurance,and exclusion clauses. 
D) vicarious liability,employment,and the Charter. 
E) independent contractors,exclusion clauses,and residual powers. 
A) insurance and incorporation but not exclusion clauses. 
B) exclusion clauses,negligence,and contract. 
C) incorporation,insurance,and exclusion clauses. 
D) vicarious liability,employment,and the Charter. 
E) independent contractors,exclusion clauses,and residual powers.

Question 7

Identify and briefly explain the remedies that a judge may award after finding a Charter violation.

Accepted Answer

The courts enjoy considerable latitude i

Question 8

The three steps in risk management are

Accepted Answer

A) realization,response,and reaction. 
B) recognition,evaluation,and insurance. 
C) identification,evaluation,and response. 
D) evaluation,qualification,and litigation. 
E) assessment,formulation,and implementation. 
A) realization,response,and reaction. 
B) recognition,evaluation,and insurance. 
C) identification,evaluation,and response. 
D) evaluation,qualification,and litigation. 
E) assessment,formulation,and implementation.

Question 9

The federal,provincial,and territorial governments have decided to re-consider the contents of the Charter.They are particularly interested in the possibility of protecting economic and property rights.Which of the following statements is TRUE?

Accepted Answer

A) Although the Charter does not currently contain a section devoted exclusively to the protection of economic and property rights,the right to "liberty" in section 7 of the Charter has been judicially interpreted in a way that broadly provides such protection. 
B) The introduction of a new Charter right for the protection of economic and property rights would be desirable primarily because it would increase the federal government's ability to regulate natural resources. 
C) The Supreme Court of Canada has said that because the Charter does not limit economic and property rights,every Canadian enjoys the unconstrained right to transact business whenever one wishes. 
D) The introduction of a new Charter right for the protection of economic and property rights might allow for the courts to compel governments to ensure that every Canadian enjoys adequate housing however this would be an unlikely scenario.The U.S.constitution has a clear right to property and no such judicial result has occurred in the United States.Moreover,the concept of an "economic right" is not a historically defined right in Canadian law or in similar common law systems. 
E) Since the Charter applies to the relationship between private citizens,it should protect economic and property rights. 
A) Although the Charter does not currently contain a section devoted exclusively to the protection of economic and property rights,the right to "liberty" in section 7 of the Charter has been judicially interpreted in a way that broadly provides such protection. 
B) The introduction of a new Charter right for the protection of economic and property rights would be desirable primarily because it would increase the federal government's ability to regulate natural resources. 
C) The Supreme Court of Canada has said that because the Charter does not limit economic and property rights,every Canadian enjoys the unconstrained right to transact business whenever one wishes. 
D) The introduction of a new Charter right for the protection of economic and property rights might allow for the courts to compel governments to ensure that every Canadian enjoys adequate housing however this would be an unlikely scenario.The U.S.constitution has a clear right to property and no such judicial result has occurred in the United States.Moreover,the concept of an "economic right" is not a historically defined right in Canadian law or in similar common law systems. 
E) Since the Charter applies to the relationship between private citizens,it should protect economic and property rights.

Question 10

Theta Motor Co manufactures the Presto,which is a type of compact car.It has discovered a design defect that affects the Presto.Identify and briefly explain situations in which it would be appropriate for the company to manage the risk by: (i)avoiding it,(ii)reducing it,and (iii)accepting it.

Accepted Answer

This question requires students to recog

Question 11

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

Accepted Answer

A) The case can be classified as a "public matter" because it involves a person suing a company for breach of contract. 
B) The case will be heard in a "civilian jurisdiction" if the claim is heard by a Saskatchewan court applying the laws of Saskatchewan. 
C) The case can be classified as an "international law" matter if the claim is heard by a Quebec court applying the laws of Quebec. 
D) The case would be classified as a "criminal matter" if Eric sued the government of Quebec rather than the Quebec company. 
E) The case can be classified as a "civil matter" under the "common law" if it is decided on the basis of the laws of Saskatchewan. 
A) The case can be classified as a "public matter" because it involves a person suing a company for breach of contract. 
B) The case will be heard in a "civilian jurisdiction" if the claim is heard by a Saskatchewan court applying the laws of Saskatchewan. 
C) The case can be classified as an "international law" matter if the claim is heard by a Quebec court applying the laws of Quebec. 
D) The case would be classified as a "criminal matter" if Eric sued the government of Quebec rather than the Quebec company. 
E) The case can be classified as a "civil matter" under the "common law" if it is decided on the basis of the laws of Saskatchewan.

Question 12

Omicron Inc claims that a municipal by-law violates its right to equality under section 15(1)of the Charter.Section 15(1)states: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination" based on various grounds.The company will lose its argument because

Accepted Answer

A) the Charter never applies to corporations. 
B) the Charter applies to federal,provincial,and territorial statutes but not to municipal by-laws. 
C) although some parts of the Charter apply to corporations,section 15(1)is limited to "individuals" and therefore cannot apply to Omicron. 
D) section 15(1)of the Charter was recently repealed (that is,done away with). 
E) Section 15(2)of the Charter prevents Omicron Inc from using section 15(1). 
A) the Charter never applies to corporations. 
B) the Charter applies to federal,provincial,and territorial statutes but not to municipal by-laws. 
C) although some parts of the Charter apply to corporations,section 15(1)is limited to "individuals" and therefore cannot apply to Omicron. 
D) section 15(1)of the Charter was recently repealed (that is,done away with). 
E) Section 15(2)of the Charter prevents Omicron Inc from using section 15(1).

Question 13

Suppose that there is a general feeling in certain parts of the country that judges should be elected rather than appointed.A system of electing judges can be introduced only through a constitutional amendment.This means that

Accepted Answer

A) there must be unanimous agreement by all of the provincial legislatures. 
B) the federal Parliament can adopt the new system as long as there is majority support in both the House of Commons and the Senate. 
C) the prime minister must call an election. 
D) the new system must be supported by at least half the provinces,and those provinces must contain at least two-thirds of the country's population. 
E) the new system must be supported by Parliament,plus two-thirds of the provinces,where those consenting provinces represent at least half of the Canadian population. 
A) there must be unanimous agreement by all of the provincial legislatures. 
B) the federal Parliament can adopt the new system as long as there is majority support in both the House of Commons and the Senate. 
C) the prime minister must call an election. 
D) the new system must be supported by at least half the provinces,and those provinces must contain at least two-thirds of the country's population. 
E) the new system must be supported by Parliament,plus two-thirds of the provinces,where those consenting provinces represent at least half of the Canadian population.

Question 14

"Administrative law" derives its name from the fact that it is concerned with the administration of the trial courts and appellate courts.

Accepted Answer

A) True 
 B)False

Question 15

A judge recently decided a Charter case that involved the government on one side and a corporation on the other.After that decision was released,one of the parties indicated its intention to use the "notwithstanding clause." What is the effect of that clause? Who is entitled to use it?

Accepted Answer

Given the expressed intention to invoke

Question 16

In an effort to protect its dairy industry,a provincial government passed a law that prohibits the importation or manufacture of soy milk.If a soy milk company challenges that statute on constitutional grounds,what would a court likely say?

Accepted Answer

A) Because property rights are protected by the Charter,the statute is constitutionally invalid. 
B) Inter-provincial trade is an issue that provinces are entitled to decide for themselves. 
C) The federal government has jurisdiction over international trade but not over inter-provincial trade. 
D) The statute is entirely ultra vires because federal jurisdiction over international and inter-provincial trade extends to every issue that is related to trade,including the manufacture or production of soy milk. 
E) The statute is at least partially intra vires because provinces have the authority to regulate the production or manufacture of things like soy milk within the province but the law may be constitutionally ultra vires as interfering with the federal jurisdiction over inter-provincial trade,or mobility rights pursuant to the Charter. 
A) Because property rights are protected by the Charter,the statute is constitutionally invalid. 
B) Inter-provincial trade is an issue that provinces are entitled to decide for themselves. 
C) The federal government has jurisdiction over international trade but not over inter-provincial trade. 
D) The statute is entirely ultra vires because federal jurisdiction over international and inter-provincial trade extends to every issue that is related to trade,including the manufacture or production of soy milk. 
E) The statute is at least partially intra vires because provinces have the authority to regulate the production or manufacture of things like soy milk within the province but the law may be constitutionally ultra vires as interfering with the federal jurisdiction over inter-provincial trade,or mobility rights pursuant to the Charter.

Question 17

Which of the following statements is TRUE?

Accepted Answer

A) The prime minister is the person who leads the party that has the most number of senators. 
B) Before a bill becomes a federal law,it must receive royal proclamation,which is given by the lieutenant general on behalf of the Queen. 
C) In Parliament,a bill cannot become a law unless it has passed through four readings in the House of Commons and four readings in the Senate. 
D) Regulations,statutory instruments,ordinances,by-laws and orders-in-council are types of subordinate legislation. 
E) In Parliament,a bill can become a law only if it is supported by at least two-thirds of senators. 
A) The prime minister is the person who leads the party that has the most number of senators. 
B) Before a bill becomes a federal law,it must receive royal proclamation,which is given by the lieutenant general on behalf of the Queen. 
C) In Parliament,a bill cannot become a law unless it has passed through four readings in the House of Commons and four readings in the Senate. 
D) Regulations,statutory instruments,ordinances,by-laws and orders-in-council are types of subordinate legislation. 
E) In Parliament,a bill can become a law only if it is supported by at least two-thirds of senators.

Question 18

Giuseppe makes a contract with Hilda in which,for $100,he will collect for her every Nintendo game ever made.After he completes the set,he refuses to give the games to Hilda,having become attached to them.Which of the following is true about Hilda's remedy against Giuseppe?

Accepted Answer

A) The law states that Giuseppe must only repay the monetary value of the games to Hilda,but she receive the games. 
B) Nintendo games are worthless,so Hilda shouldn't waste her time and accept the loss. 
C) Hilda doesn't have a case because $100 is inadequate consideration for the contract. 
D) The law states that Giuseppe must only repay the monetary value of the games,but under equity Hilda may be granted specific performance for the games. 
E) Hilda can only receive specific performance for Giuseppe to receive the games,not monetary compensation. 
A) The law states that Giuseppe must only repay the monetary value of the games to Hilda,but she receive the games. 
B) Nintendo games are worthless,so Hilda shouldn't waste her time and accept the loss. 
C) Hilda doesn't have a case because $100 is inadequate consideration for the contract. 
D) The law states that Giuseppe must only repay the monetary value of the games,but under equity Hilda may be granted specific performance for the games. 
E) Hilda can only receive specific performance for Giuseppe to receive the games,not monetary compensation.

Exam 1: Risk Management and Sources of Law

The category of private law contains

Jahume Ltd operates as an Internet service provider.It has retained Alison to work as in-house counsel.Following an increasingly common trend,this means that she will work for the company from her own home,rather than from a traditional law firm office.

Harrison owns and manages a golf course called Solo Golf and Country Club in a residential area.Recently,the number of incidents involving broken windows has been rising and residents are asking for compensation.In order to manage his risk,Harrison should

Techniques for managing risks include

Identify and briefly explain the remedies that a judge may award after finding a Charter violation.

The three steps in risk management are

The federal,provincial,and territorial governments have decided to re-consider the contents of the Charter.They are particularly interested in the possibility of protecting economic and property rights.Which of the following statements is TRUE?

Theta Motor Co manufactures the Presto,which is a type of compact car.It has discovered a design defect that affects the Presto.Identify and briefly explain situations in which it would be appropriate for the company to manage the risk by: (i)avoiding it,(ii)reducing it,and (iii)accepting it.

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

Suppose that there is a general feeling in certain parts of the country that judges should be elected rather than appointed.A system of electing judges can be introduced only through a constitutional amendment.This means that

"Administrative law" derives its name from the fact that it is concerned with the administration of the trial courts and appellate courts.

A judge recently decided a Charter case that involved the government on one side and a corporation on the other.After that decision was released,one of the parties indicated its intention to use the "notwithstanding clause." What is the effect of that clause? Who is entitled to use it?

In an effort to protect its dairy industry,a provincial government passed a law that prohibits the importation or manufacture of soy milk.If a soy milk company challenges that statute on constitutional grounds,what would a court likely say?

Which of the following statements is TRUE?

Giuseppe makes a contract with Hilda in which,for $100,he will collect for her every Nintendo game ever made.After he completes the set,he refuses to give the games to Hilda,having become attached to them.Which of the following is true about Hilda's remedy against Giuseppe?

Litigation and Alternative Dispute Resolution

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Special Contracts: Negotiable Instruments

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

Filters