Deck 1: Risk Management and Sources of Law

Question 1

The law can affect a business both positively and negatively.It often prohibits actions that otherwise would be possible.However,it sometimes permits parties to do something that they could not otherwise do.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

A bill to amend a business corporations statute was introduced in the House of Commons.The statute in question must be a piece of federal legislation,as opposed to provincial legislation.

Answer 3

True

Question 4

As described in the text,the four forms of risk management are risk avoidance,risk elimination,risk transfer,and risk acceptance.

Question 5

Beta Inc has discovered that one of its products is potentially dangerous.It therefore pulled that product from the store shelves before any were sold.It has employed a form of risk management known as

A)risk destruction.
B)risk avoidance.
C)risk reduction.
D)risk acceptance.
E)risk denial.

Question 6

Glimmer Co recently received a tax assessment with which it disagrees.It does not believe that it should be required to pay the full amount of the demand.If it challenges the assessment,the case will fall into the category of "public law" even though the company is a private corporation.

Question 7

The three steps in risk management are

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 8

Bianca punched Mick.She now finds herself in court.The person who has brought the claim for damages against her is Mick himself.It is safe to assume that the court is concerned with a private law issue,rather than a criminal law issue.

Question 9

Quiet Corner Bookstore is something of a landmark.It was opened in 1908 and it has long served the needs of the community.The store's popularity is based not only on its reputation for excellent service,but also on the fact that it has always been run by members of the same family: the Meyers clan.In an age of increasingly anonymous chain stores,customers appreciate the personal touch that they receive at the Quiet Corner.Recently,however,the government has announced that it intends to expropriate the land upon which the store is located in order to build a highway through the neighbourhood.The Meyers family may,however,be able to defeat that plan,and save their store,by relying on a provision of the Charter that protects cherished property.

Question 10

Alpha Corp has discovered that one of its products is potentially dangerous.It therefore has purchased liability insurance.It has employed a form of risk management known as

A)risk capitalization.
B)risk elimination.
C)risk shifting.
D)risk acceptance.
E)risk avoidance.

Question 11

Because of the need to ensure that the fundamental rules for governing the country are kept up to date,the Constitution (unlike most statutes)is quite easily amended.

Question 12

Paul has committed a legal wrong against Buckmaster Strings Inc.Depending upon the circumstances,it may be possible for legal proceedings to be taken against Paul in both criminal law and tort law.

Question 13

Kane Media Inc wants to start a new radio station.The government has refused to grant a licence.Kane Media Inc believes that the government's position is blatantly discriminatory.Nevertheless,it cannot rely on the Charter of Rights and Freedoms,which was intended to protect the fundamental rights and freedoms of people,and which does not apply in favour of companies.

Question 14

In an effort to increase sales,Delta Ltd hired Chandra,a marketing expert.Because Delta was concerned about being held responsible for any torts that Chandra might commit,it arranged to hire her as an independent contractor,rather than an employee.It has employed a form of risk management known as

A)vicarious liability.
B)independent responsibility.
C)risk allowance.
D)risk shifting.
E)incorporation.

Question 15

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.

Question 16

Athlone Inc wants to start a new television channel.To do so,it requires a government licence.It should apply to the federal government,rather than the provincial government,because the issue of telecommunications is not mentioned in the Constitution.It therefore falls under federal jurisdiction because of the residual clause.

Question 17

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

Question 18

Beta Inc has recently discovered that a defect in one of its products poses a risk of injury to consumers.Its only option,from a legal risk management perspective,is to eliminate the risk of liability by removing the product from the market.

Question 19

Gamma Co has discovered that one of its products is potentially dangerous.That danger,however,is not great.There is only a small chance that someone will be hurt,and even if someone is hurt,the injury will not be life threatening.Gamma Co therefore has decided to do nothing about the danger.It has employed a form of risk management known as

A)risk ignorance.
B)risk aversion.
C)risk displacement.
D)risk harmonization.
E)risk acceptance.

Question 20

Sabeka Inc has discovered that one of its products may cause consumers to suffer a certain form of property damage.In response to that risk,the company has written an exclusion clause into its sales contracts.In doing so,it has adopted a form of risk management known as risk shifting.

Question 21

Techniques for managing risks include

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 22

Which of the following statements is TRUE with respect to exclusion clauses and risk management?

A)An exclusion clause can be inserted into a contract for the sale of goods.
B)An exclusion clause can affect liability for property damage but not for personal injury.
C)An exclusion clause can be used by a person but not by a corporation.
D)An exclusion clause represents a type of risk acceptance.
E)An exclusion clause always shifts the risk of liability onto an insurance company.

Question 23

Attila works for Epsilon Inc.The police recently became aware of illegal activities in connection with that organization.Which of the following statements is TRUE?

A)Epsilon Inc.may be charged with a "white collar crime," which is any crime that was committed by a corporate organization rather than an individual.
B)Neither Attila nor Epsilon Inc.can be charged with a "corporate crime" unless they broke a law that was intended to protect another corporation.
C)A "white collar crime" is the same thing as a "corporate crime."
D)Attila may be charged with a crime,but Epsilon Inc cannot,because only a human being can be convicted of a criminal offence.
E)Even if Attila and Epsilon Inc are convicted of crimes,they may also be sued privately if they have committed torts or by statute there is a private cause of action against them.

Question 24

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

A)involve an issue of private law.
B)be concerned with the amending formula.
C)be based on either section 98 or section 99 of the Constitution.
D)have something to do with the municipal governments.
E)be concerned with the federal government and constitutional law.

Question 25

Red River Inc,which is based in Winnipeg,Manitoba,has sued a company called Eiffel Tours,which is based in Paris,France.That dispute will be decided by the "common law." That most likely means that the case will be decided by

A)the provision of a statute.
B)a legal system that can be traced to England.
C)a legal system that can be traced to France.
D)a government official,other than a judge.
E)a law that is frequently applied in both France and Manitoba.

Question 26

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?

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 27

Epsilon Inc has recently retained the services of Noriko as in-house counsel.Which of the following statements is most likely TRUE?

A)Although Noriko is not an employee of Epsilon Inc,she can be called in from her law firm whenever the company has a legal problem.
B)Noriko can both help to resolve legal problems and help to prevent legal problems from arising in the first place.
C)Epsilon Inc has probably made a mistake because,like most in-house counsel,Noriko is probably available because she cannot find work in a law firm.
D)Epsilon Inc has hired Noriko for the purpose of resolving a single legal problem that it expects will drag on for several years.
E)Noriko may provide advice to Epsilon,but she cannot represent the company in court.

Question 28

Which of the following statements is TRUE with respect to risk management and incorporation?

A)Incorporation is irrelevant to risk management because corporations cannot be held liable.
B)Incorporation increases the risk of liability because a shareholder of a corporation is personally liable for all of the corporation's torts.
C)Incorporation completely eliminates the risk of liability because the government is responsible for a corporation's debts.
D)Incorporation reduces the risk of liability because the doctrine of limited liability usually means that a corporation's debts must be paid by the corporation and not by the people who run the corporation.
E)Incorporation spreads the risk of liability because if one corporation becomes liable,every other corporation in the same province may be required to pay the debt.

Question 29

A province created a statute.A court ruled that the statute was ultra vires.That means that

A)the statute has full force (ultra means "most" and vires means "strength," as in "virility").
B)the province acted contrary to the division of powers in that it enacted legislation that it did not have the constitutional jurisdiction to enact.
C)the statute must violate the Charter.
D)the statute applies both inside and outside of the province.
E)the statute must deal with public law rather than private law.

Question 30

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

A)Because Quebec inherited its laws from France,its criminal laws are different from those that apply in other parts of Canada.
B)Because Quebec inherited its laws from France,its constitutional laws are different from those that apply in other parts of Canada.
C)Even though Quebec inherited much of its law from France,it uses some of the same laws that apply in other parts of Canada,but it also has a civil law system for much of the law that is within provincial jurisdiction,including property and civil rights.
D)Quebec is considered a common law jurisdiction because it inherited most of its laws from England.
E)Quebec is considered a common law jurisdiction because it inherited laws that were once common to all parts of the Roman Empire.

Question 31

The category of public law contains

A)constitutional law and administrative law but not tax law.
B)constitutional law and tax law,among other things.
C)criminal law,employment law,and constitutional law.
D)administrative law and tax law but not criminal law.
E)any case in which a government sues or is being sued.

Question 32

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?

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 33

The Citizen's Coalition for Property Rights (the CCPR)believes that the Charter should protect the right to own property.Which of the following statements is TRUE?

A)The CCPR has no need to worry because property rights are already expressly protected by the Charter.
B)The Charter cannot be amended unless,among other things,the federal Parliament agrees.
C)Because property rights are listed under section 91 of the Constitution,the CCPR will not have to persuade the federal government to amend the Charter.
D)The Charter can be amended as long as at least half of the Canadian population supports the protection of property rights.
E)The Charter cannot be amended unless the government holds a referendum and allows individual Canadians to vote on the issue.

Question 34

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

A)Administrative law is concerned with the behaviour of public officials and therefore is not particularly important to business people.
B)Because of the Constitution,administrative law applies at the federal and provincial levels but not at the municipal level
C)Administrative law affects the government but not private individuals or corporations.
D)Administrative law is the law by which the decisions of government appointed decision makers and government appointed tribunals are reviewed by the courts.
E)Administrative law is usually classified as a branch of criminal law.

Question 35

The category of private law contains

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 36

The Canadian legal system contains various types of laws.It occasionally is necessary to consider the relationship between two or more areas of law.Which of the following statements is TRUE?

A)Because they deal with different types of rules,it is impossible for criminal law and tort law to ever apply to the same set of facts.
B)Because they involve obligations that arise from different sources,it is impossible for tort law and contract law to ever apply to the same set of facts.
C)"White collar crime" is a misleading phrase because the relevant concepts arise in tort law rather than criminal law.
D)The relationship between an employer and an employee is governed entirely by the law of contract.
E)A lawyer who provides careless services usually is sued in both tort and contract as the lawyer owes the client a duty of care to not be careless and is also bound by the terms of the contract with the client not to be careless.

Question 37

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?

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 38

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

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 39

Which of the following statements is TRUE with respect to the Charter?

A)It was introduced in 1982.
B)It is a federal statute.
C)Because it is intended to protect people's rights and freedoms,it severely limits the grounds upon which courts can strike down laws.
D)It only applies in favour of a government or a government actor.
E)It applies to federal laws but not provincial laws.

Question 40

The Charter includes (among other things)rights regarding

A)mobility,housing,and equality.
B)contracts,sexual orientation,and religion.
C)ownership,expression,and association.
D)equality based on religion,age,and ethnic origin.
E)Aboriginals,multiculturalism,and accommodation.

Question 41

Han is in a convenience store when another patron begins to rob the store.Han has a legal obligation to

A)call the police.
B)tackle the robber.
C)hide in the corner.
D)try to talk the robber out of robbing the store.
E)none of the above.This is an ethical issue,not a legal one.

Question 42

Which of the following statements is TRUE?

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 43

Which of the following statements is TRUE with respect to municipalities?

A)Most municipalities are created by the federal government,rather than by provincial governments.
B)A municipality is created when a higher level of government passes a by-law.
C)Cities are municipalities,but towns are not.
D)Laws that are created by municipalities are called subordinate legislation.
E)Some types of subordinate legislation have nothing to do with municipalities.

Question 44

A provincial government recently enacted a statute that established a scholarship for "Aboriginal students who are enrolled at Canadian universities." Melissa,a university student whose ancestors were all born in England,believes that the scholarship is unconstitutional because it unfairly discriminates against her on the basis of her race.If Melissa brought that complaint to court,a judge would likely say that

A)the scholarship presumably is unconstitutional because it discriminates on the basis of race,and that it can be saved,if at all,only under section 1 of the Charter.
B)the scholarship is unconstitutional because the federal government has exclusive jurisdiction over education as a result of section 92 of the Constitution.
C)the scholarship is valid under section 15(2)of the Charter because it is aimed at improving the conditions of a disadvantaged group.
D)because Canadian universities are private institutions,the facts do not reveal any government action that could possibly trigger the Charter's provisions.
E)Melissa is entitled to participate in the scholarship scheme because she is a woman and because the Charter prefers rights based on sex to rights based on race.

Question 45

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

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 46

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?

A)Specific performance is an equitable remedy because it historically was awarded by the court of legislators.
B)Because of the fusion of courts,there no longer is any need to draw a distinction between law and equity.
C)Sigma Inc's claim against Tau Ltd is an example of legislative litigation because it involves a claim by one private party against another private party.
D)Sigma Inc's claim against Tau Ltd is a common law claim because it will be decided on the basis of laws that historically were developed in French courts.
E)Specific performance is an equitable remedy which is now granted by the courts as the courts of common law have been fused with the courts of equity.

Question 47

The rights and freedoms contained in the Charter are limited

A)to cases involving interactions between different governments.
B)to human beings,with the result that the Charter cannot work in favour of a company.
C)by the ability of a federal or provincial government to invoke the notwithstanding clause only in relation to the rights and freedoms in section 2 or sections 7 to 15 of the Charter,and the general limitation of those limits demonstrably justified in a free and democratic society pursuant to section 1.
D)to situations in which the government created a law in bad faith.
E)to cases involving substantial amounts of money.

Question 48

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

A)The rules take the form of statutes rather than by-laws.
B)The rules are a form of superior legislation.
C)Blackville was created by a statute in Parliament.
D)Blackville is located in Quebec.
E)The Town of Blackville was created under the authority of a provincial statute which statute gave the town the power to create these rules.

Question 49

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?

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 50

The Government of Canada thinks that Harpreet has purposefully misfiled his taxes in order to pay less.The laws under which the Government will sue Harpreet are

A)public law - the government will use both criminal and tax law.
B)common law - the government will sue Harpreet for the tort of negligence.
C)civil law - but only if Harpreet in in Quebec.
D)public law - Harpreet can be tried under tax law,but not criminally.
E)not applicable because he is a white-collar criminal,so his actions cannot be prosecuted by the Government.

Question 51

Subordinate legislation

A)involves a statute that was introduced to change an existing statute.
B)always prohibits certain forms of behaviour.
C)is always created at the provincial level,rather than at the federal level.
D)is practically necessary because it is impossible for legislators to constantly monitor all of their statutes and continuously make rules to govern particular and changing circumstances of local or particular concern.
E)always consists of by-laws.

Question 52

Which of the following statements is TRUE?

A)The Queen is represented by a lieutenant governor in each province and territory.
B)The legislature in each and every province and territory is called the Legislative Assembly.
C)The territories have legislative assemblies similar to legislatures,but they do not have senates.
D)Parliamentary bills are always introduced in the House of Commons before being sent to the Senate.
E)Each province has a senate.

Question 53

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

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 54

Lamda Corp is based in Vancouver but sells products across Canada.Which of the following statements is TRUE with respect to Lamda Corp and the Charter?

A)Although the people who work for Lamda Corp enjoy Charter protection,the company itself is not a person and therefore is not protected by the Charter.
B)Although Lamda Corp enjoys freedom of religion,it does not enjoy freedom of expression.
C)Although Lamda Corp enjoys freedom of expression,it does not enjoy freedom of religion.
D)Although Lamda Corp enjoys freedom of religion and freedom of expression,it is not a person and therefore it does not enjoy equality rights.
E)Although Lamda Corp does not enjoy any Charter rights,it may be sued if it violates the Charter rights of one of its employees.

Question 55

A court recently found,as a matter of fact,that a party's ability to advertise was restricted.In some circumstances,such a restriction violates section 2(b)of the Charter.Ultimately,however,the court's decision did not allow the affected party to advertise as it wished.Which of the following statements may explain that end result?

A)The restriction was imposed by a statute and the government responsible for that statute reacted to the court's decision by invoking the residual clause.
B)The party was not entitled to freedom of expression because it is a company rather than a human being.
C)The court held that the restriction was an "unreasonable limitation" on the freedom of expression.
D)The restriction was saved under section 15(2)of the Charter.
E)The restriction was imposed by a private party,rather than by a government actor.

Question 56

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

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 57

Peter starts a new job with Enviromaim Oil.Peter is originally from Ontario,but moved to Saskatchewan five years ago;Enviromaim in in Alberta.When he starts his job,his new boss finds out he is from Ontario and says,"You Ontarians have no business here in Alberta,you're all a bunch of Liberals and country-club goers!" Peter's boss has violated

A)only the Charter right of mobility.
B)the Charter rights of freedom of association,mobility,and freedom of thought,belief,opinion,and expression.
C)Peter's employment contract.
D)the Charter rights of freedom of association,mobility,and equality.
E)the Charter rights of equality,freedom of religion,and peaceful assembly.

Question 58

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 she tries to do so,however,she wants to know as much as possible about the notwithstanding clause.Which of the following statements is TRUE?

A)The notwithstanding clause cannot be invoked unless the relevant people are willing to amend the Constitution.
B)If the notwithstanding clause is invoked,it will have effect for 10 years,after which it will lapse unless it is reapplied.
C)The notwithstanding clause can be invoked by the federal government but not by a provincial government.
D)The notwithstanding clause can be used against equality rights but not against mobility rights.
E)The notwithstanding clause has been invoked frequently in the western provinces but not in Ontario.

Question 59

The notwithstanding clause

A)is contained in section 1 of the Charter.
B)is applied to Canadian laws regularly.
C)must be reinvoked every ten years in order to remain in effect.
D)can be applied with respect to each and every the right and freedom contained in the Charter.
E)is seldom used by governments because it involves a potentially controversial political decision to override fundamental rights and freedoms protected by the Constitution of Canada.

Question 60

Myra is a new MP.She introduces a new bill to the House of Commons and a majority of her colleagues agree to it.Which statement is true regarding Myra's bill?

A)Because a majority of people agreed to it,the bill is now law.
B)Myra's bill is not law because MPs cannot introduce bills,they can only lobby for them.
C)Myra's bill is not law because it has only passed the first reading and still must pass a second and third reading and receive royal assent.
D)Myra's bill will not become law if a member of her constituency expresses concern before the second reading.
E)Even if Myra receives royal assent from the governor general,her bill still won't be ratified until the Queen sees it.

Question 61

Your town has a by-law stating that pets must be kept on a leash at all times.A friend of yours doesn't want to leash his dog,but is afraid he'll be arrested and tried if he doesn't.You tell him that

A)he should be worried;the provincial government creates municipalities,so the province enforces their statutes.
B)by-laws aren't real laws,so he shouldn't worry.
C)by-laws can only regulate business,so the law isn't valid.
D)the government is evil and they do these things sometimes.
E)the municipality enforces by-laws,so he can only receive a fine.

Question 62

Identify and briefly explain four areas of public law.

Question 63

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.

Question 64

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.

Question 65

Howard is a manager with Rogue Used Cars Inc.He and the company have both misbehaved.The police have laid charges concerning a white collar crime and a corporate crime.Describe the differences between those two types of crimes.

Question 66

Statutes may be created at either the federal level or at the provincial (or territorial)level.In either event,the rules and procedures are much the same.There are,however,some differences in terms of the people,processes,and types of laws that are involved.Identify and briefly explain those differences.

Question 67

Eunice wants to give her grandson $100,000 because she wants him to go to law school,but she is worried he will spend it on a sports car.Eunice should

A)set up a trust for her grandson,so the trustee can ensure the money is spent well.
B)sue her grandson for damages if he spends the money on a sports car.
C)sue for specific performance if he buys the car,so she can get the new car.
D)keep the money - the kid doesn't deserve it.
E)make him sign a contract saying he will use the money for law school.

Question 68

Lamda Inc recently decided to use "in-house counsel." What does that phrase mean? Explain the advantages and disadvantages of the company's decision.

Question 69

Omega Inc manufactures several types of widgets and sells them directly to consumers.One type of widget contains a design defect that creates a risk of injury.Briefly explain the steps that the company should take by way of risk management.Identify the sorts of additional facts that would be required for the purpose of effective risk management.

Question 70

What is the residual power? What is meant by the phrase "ultra vires"? How are those two concepts related to the notion of federalism?

Question 71

Ranji wants to start a new company,but is concerned about risk management and legal liability.He is particularly concerned about the Charter,in both a positive sense and a negative sense.Explain the extent to which the Charter applies in favour and against a corporation.

Question 72

An appellate court recently heard two cases.In the first,it decided that a statute was ultra vires.In the second,it decided that another statute violated the Charter.What is the significance,in each case,of section 52 of the Constitution?

Question 73

Sigma Corp manufactures widgets.It has discovered a design defect that creates a risk that one or more widgets may cause property damage.Briefly explain how the company could manage that risk by shifting it.Identify a potential cost of shifting the risk.

Question 74

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

Question 75

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?

Question 76

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?

Question 77

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?

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.

Question 78

What are the main differences between a tort and a crime? Can the same event ever give rise to both a tort and a crime? Explain your answer.