Question 1

A compliance officer employed by a business for purposes of monitoring legislative requirements applicable to the business ensures

Accepted Answer

A) that outside counsel are hired by the business on a general retainer basis to respond to urgent matters. 
B) that the business complies with all regulatory and legislative requirements to avoid claims,fines and other possible penalties or sanctions. 
C) that probationary employees are screened and monitored appropriately by the business in the 90 day period. 
D) that the business pays outstanding fines. 
E) that someone attends on all Small Claims Court matters where outside counsel are not required. 
A) that outside counsel are hired by the business on a general retainer basis to respond to urgent matters. 
B) that the business complies with all regulatory and legislative requirements to avoid claims,fines and other possible penalties or sanctions. 
C) that probationary employees are screened and monitored appropriately by the business in the 90 day period. 
D) that the business pays outstanding fines. 
E) that someone attends on all Small Claims Court matters where outside counsel are not required.

Question 2

Explain how the introduction of the Charter of Rights and Freedoms increased the protection of human rights in Canada.

Accepted Answer

Before the introduction of the Charter,h

Question 3

The Canadian legal profession is organized on a provincial basis with each province having its own "bar" society.However,a member of any provincial bar may appear before

Accepted Answer

A) the House of Lords in England. 
B) the International War Crimes Tribunal. 
C) the Supreme Court of Canada. 
D) any Human Rights Tribunal in any province. 
E) any Landlord and Tenant Board Tribunal in any province. 
A) the House of Lords in England. 
B) the International War Crimes Tribunal. 
C) the Supreme Court of Canada. 
D) any Human Rights Tribunal in any province. 
E) any Landlord and Tenant Board Tribunal in any province.

Question 4

Legal liability is the term used when a person breaks the law.

Accepted Answer

A) True 
 B)False

Question 5

The "notwithstanding" provision in the Charter of Rights and Freedoms is one that

Accepted Answer

A) allows a court to decide that notwithstanding the fundamental freedoms specified in the Charter,the judgment of the court is supreme. 
B) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter. 
C) allows a legislature to pass a law that provides that notwithstanding the law that has been passed the Charter of Rights and Freedoms will still apply. 
D) allows a legislature to pass a law notwithstanding a court order that prohibits it from doing so. 
E) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter if the provision specifically states that it shall operate notwithstanding the freedoms specified in the Charter. 
A) allows a court to decide that notwithstanding the fundamental freedoms specified in the Charter,the judgment of the court is supreme. 
B) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter. 
C) allows a legislature to pass a law that provides that notwithstanding the law that has been passed the Charter of Rights and Freedoms will still apply. 
D) allows a legislature to pass a law notwithstanding a court order that prohibits it from doing so. 
E) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter if the provision specifically states that it shall operate notwithstanding the freedoms specified in the Charter.

Question 6

Developing a legal risk management plan is the best way to ensure that a business is managed and run properly.

Accepted Answer

A) True 
 B)False

Question 7

Any provision found by a court to be outside of the legislature's jurisdiction and therefore beyond its powers is referred to as

Accepted Answer

A) residual powers. 
B) concurrent powers. 
C) rule of law. 
D) ultra vires. 
A) residual powers. 
B) concurrent powers. 
C) rule of law. 
D) ultra vires.

Question 8

A bartender employed in a licensed establishment over-serves a patron.As a result of the over-service,the patron physically assaults another patron by striking him with a beer bottle.Identify and describe the three forms of liability that may arise as a result of this single incident.

Accepted Answer

There may very well be criminal charges

Question 9

Under our legal system,which is derived from English common law,

Accepted Answer

A) our courts simply resolve the dispute based on common sense. 
B) our courts look to and apply principles of law that have evolved out of cases dealing with the same subject matter as does the dispute between the private parties. 
C) our courts look to the way other countries have resolved disputes between private parties. 
D) our courts look to legislation passed by the federal and provincial governments to resolve disputes between private parties. 
E) our courts look to the constitution to resolve disputes between private parties. 
A) our courts simply resolve the dispute based on common sense. 
B) our courts look to and apply principles of law that have evolved out of cases dealing with the same subject matter as does the dispute between the private parties. 
C) our courts look to the way other countries have resolved disputes between private parties. 
D) our courts look to legislation passed by the federal and provincial governments to resolve disputes between private parties. 
E) our courts look to the constitution to resolve disputes between private parties.

Question 10

There are five distinct steps in developing a legal risk management plan.List these steps.

Accepted Answer

Conduct a legal audit of the b

Question 11

Effective operation of a business requires that business managers

Accepted Answer

A) rely on lawyers to form the right questions and answers for legal issues. 
B) do not have to become experts in the activities of their businesses. 
C) simply rely on the decisions made by those in authority above them. 
D) do not have to familiarize themselves with the law. 
E) must know the law and must understand the legal risks associated with the everyday choices that they make. 
A) rely on lawyers to form the right questions and answers for legal issues. 
B) do not have to become experts in the activities of their businesses. 
C) simply rely on the decisions made by those in authority above them. 
D) do not have to familiarize themselves with the law. 
E) must know the law and must understand the legal risks associated with the everyday choices that they make.

Question 12

Explain the notion of concurrent powers as it pertains to the federal system of government in Canada.

Accepted Answer

A federal system of government is differ

Question 13

What is subordinate legislation?

Accepted Answer

Subordinate legislation is the

Question 14

If a statute states that it "shall operate notwithstanding" certain rights,this means that permission of parliament is needed to infringe on Charter rights.

Accepted Answer

A) True 
 B)False

Question 15

In Canada,law comes from a variety of sources.State each source and explain what type of law comes from it.

Accepted Answer

In Canada,our law comes from the Constit

Question 16

To run a successful business,the owners and managers of that business are not required to know the law.

Accepted Answer

A) True 
 B)False

Question 17

Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute.Section 1

Accepted Answer

A) enables Parliament to override decisions of the courts regarding the Charter. 
B) allows the courts to decide whether it is necessary to infringe on rights in order to maintain the values of a free and democratic society. 
C) permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society. 
D) enables provincial legislatures to override decisions of the courts regarding the Charter. 
E) none of the above 
A) enables Parliament to override decisions of the courts regarding the Charter. 
B) allows the courts to decide whether it is necessary to infringe on rights in order to maintain the values of a free and democratic society. 
C) permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society. 
D) enables provincial legislatures to override decisions of the courts regarding the Charter. 
E) none of the above

Question 18

List four kinds of rights that are covered by the Canadian Charter of Rights and Freedoms.

Accepted Answer

These are equality,m

Question 19

A risk management plan

Accepted Answer

A) does not require regular revision. 
B) does nothing to promote the better conduct of a business. 
C) is only necessary in sophisticated businesses. 
D) does not necessarily involve a lawyer in every part of the overall plan. 
E) helps a business to identify and anticipate potential legal liability. 
A) does not require regular revision. 
B) does nothing to promote the better conduct of a business. 
C) is only necessary in sophisticated businesses. 
D) does not necessarily involve a lawyer in every part of the overall plan. 
E) helps a business to identify and anticipate potential legal liability.

Question 20

The Canadian Charter of Rights and Freedoms is said to be entrenched in the Canadian constitution.This means that

Accepted Answer

A) it is not part of the Human Rights Act. 
B) it is a rule of the Canadian constitution that must be considered by judges only. 
C) the rights set out in the Charter are absolute. 
D) it cannot be repealed by an ordinary act of Parliament or of the provincial legislatures. 
E) judges are given the authority to resolve Charter problems. 
A) it is not part of the Human Rights Act. 
B) it is a rule of the Canadian constitution that must be considered by judges only. 
C) the rights set out in the Charter are absolute. 
D) it cannot be repealed by an ordinary act of Parliament or of the provincial legislatures. 
E) judges are given the authority to resolve Charter problems.

Exam 1: Law, society, and Business

A compliance officer employed by a business for purposes of monitoring legislative requirements applicable to the business ensures

Explain how the introduction of the Charter of Rights and Freedoms increased the protection of human rights in Canada.

The Canadian legal profession is organized on a provincial basis with each province having its own "bar" society.However,a member of any provincial bar may appear before

Legal liability is the term used when a person breaks the law.

The "notwithstanding" provision in the Charter of Rights and Freedoms is one that

Developing a legal risk management plan is the best way to ensure that a business is managed and run properly.

Any provision found by a court to be outside of the legislature's jurisdiction and therefore beyond its powers is referred to as

A bartender employed in a licensed establishment over-serves a patron.As a result of the over-service,the patron physically assaults another patron by striking him with a beer bottle.Identify and describe the three forms of liability that may arise as a result of this single incident.

Under our legal system,which is derived from English common law,

There are five distinct steps in developing a legal risk management plan.List these steps.

Effective operation of a business requires that business managers

Explain the notion of concurrent powers as it pertains to the federal system of government in Canada.

What is subordinate legislation?

If a statute states that it "shall operate notwithstanding" certain rights,this means that permission of parliament is needed to infringe on Charter rights.

In Canada,law comes from a variety of sources.State each source and explain what type of law comes from it.

To run a successful business,the owners and managers of that business are not required to know the law.

Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute.Section 1

List four kinds of rights that are covered by the Canadian Charter of Rights and Freedoms.

A risk management plan

The Canadian Charter of Rights and Freedoms is said to be entrenched in the Canadian constitution.This means that

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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