Question 1

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

Accepted Answer

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 2

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.

Accepted Answer

The answer of Ranji wants to start a new company,but...

Question 3

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

Accepted Answer

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 4

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

Accepted Answer

A) True 
 B)False

Question 5

The notwithstanding clause

Accepted Answer

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 6

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?

Accepted Answer

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 7

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

Accepted Answer

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

Question 8

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.

Accepted Answer

A) True 
 B)False

Question 9

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.

Accepted Answer

A) True 
 B)False

Question 10

Identify and briefly explain four areas of public law.

Accepted Answer

The answer of Identify and briefly explain four areas of...

Question 11

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

Accepted Answer

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 12

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

Accepted Answer

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 13

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

Accepted Answer

The answer of Lamda Inc recently decided to use "in-house...

Question 14

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?

Accepted Answer

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 15

The rights and freedoms contained in the Charter are limited

Accepted Answer

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 16

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.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

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 18

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?

Accepted Answer

The answer of Is it easy or difficult to change...

Question 19

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.

Accepted Answer

The answer of Howard is a manager with Rogue Used...

Question 20

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

Accepted Answer

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

Exam 1: Risk Management and Sources of Law

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

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.

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

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

The notwithstanding clause

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 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.

Identify and briefly explain four areas of public law.

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

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

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?

The rights and freedoms contained in the Charter are limited

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.

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

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?

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.