Deck 1: Law, society, and Business

Question 1

We need to have law because it

A)regulates individuals' interactions with one another.
B)gives the government the power to act for the benefit of society in general.
C)provides an element of certainty in determining contractual and property rights.
D)protects persons,property,and society,and prohibits conduct that society believes is harmful.
E)all of the above

Answer 1

E

Question 2

When a court interprets a statute narrowly,the result will most likely be that

A)the statute will be found to fall inside the power of the government that made it.
B)the court will change the wording in the statute so that it makes sense.
C)the statute will be found to be outside,or ultra vires,the government that made it.
D)the statute will be struck down.
E)the court will send the statute back to the government that made it for revision.

Answer 2

A

Question 3

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

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.

Answer 3

B

Question 4

When we say that the law is linked to moral and ethical standards,we mean that

A)the law is based on ethics.
B)ethical behaviour is generally considered to be a higher standard.
C)ethics and morality are one and the same.
D)the fundamental truths that give rise to the law include ethics and morality.
E)the moral and ethical values of a society as a whole shape the development of the law.

Question 5

A simple definition of law would be misleading because law is so

A)bound up with the rule of law.
B)diverse and complex.
C)difficult to define.
D)none of the above
E)all of the above

Question 6

Effective operation of a business requires that business managers

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 7

Which of the following will a business use to reduce its liability?

A)risk reduction
B)risk absorption
C)risk avoidance
D)risk transfer
E)all of the above

Question 8

Legislation is the name given to

A)laws that are made by judges.
B)laws that are made by members of the government.
C)the general system of laws of a country.
D)laws that are made by Parliament and provincial legislatures.
E)none of the above

Question 9

When we say that the law is part of every facet of business,we mean that

A)it is central to business interaction with customers,suppliers,competitors,and government.
B)business cannot succeed without understanding the law.
C)it outlines what we do,how to do it,and what not to do.
D)the failure of businesses to comply with the law may result in criminal,regulatory,and/or civil liability.
E)all of the above

Question 10

In deciding whether a statute is valid or invalid,the court must consider

A)the effect that the statute has.
B)the purpose of the statute.
C)whether it should interpret the statute broadly.
D)whether it should interpret the statute narrowly.
E)all of the above

Question 11

The fact that laws that appear to be unjust must still be obeyed suggests that

A)justice is merely the result of the influence of ethics.
B)justice is merely a product of social morals.
C)there is a difference between good laws and bad ones.
D)in reality,we must think of justice as nothing more than the result of our legal system.
E)those who make the laws just do not care.

Question 12

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

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 13

The most common complaint about judges when they are interpreting statutes or legislation is that they

A)are much too powerful and have no regard for anyone other than themselves.
B)are usurping the powers of Parliament and the provincial legislatures.
C)are too political and are usurping the powers of Parliament and the provincial legislatures.
D)have no regard for the average citizen.
E)are too political.

Question 14

A binding code of conduct is a

A)general code of conduct that is available to anyone.
B)code of conduct established voluntarily by industry.
C)code of conduct that governments impose on business and industry.
D)code of conduct that regulates specified activities,such as those of professionals.
E)code of conduct that a firm or business imposes on itself.

Question 15

Joe hired Julie,a lawyer,to defend him on assault charges.At their first meeting he told her the details concerning his involvement in the assault.After a dispute between Joe and Julie in relation to legal fees,Joe decided to retain a new lawyer.The police attended at Julie's office to ask her questions concerning what Joe told her about the assault.In these circumstances

A)the solicitor/client privilege does not allow Julie to reveal any communications she had with Joe without his approval.
B)given that the solicitor/client relationship has ended,Julie is at liberty to disclose the information.
C)the solicitor/client privilege does not extend to admissions by clients of wrongdoing so communications must be disclosed.
D)Julie is at liberty to disclose any information in relation to the dispute with Joe over fees but not in relation to communications about the assault.
E)the Canada Evidence Act permits Julie to disclose any information once the retainer has ended.

Question 16

To implement a risk management plan,a business must first

A)prioritize the risks.
B)develop effective strategies to deal with the risks.
C)revise the plan on a regular basis.
D)implement the plan.
E)conduct a legal audit of the business operation.

Question 17

In a federal system such as our own,the role of the courts is to

A)draft legislation.
B)dispense the law,which includes interpreting it as well.
C)advise Parliament as to whether its laws are just and fair.
D)ensure that the law is handed out equally to every Canadian.
E)make it seem that we have a just legal system,when in fact we do not.

Question 18

In a federal country such as Canada,the Supreme Court of Canada,and not Parliament,usually has the last word on the law because

A)the judges of the Supreme Court of Canada are appointed by the federal government.
B)there are two distinct levels of government.
C)the Supreme Court of Canada is the highest court in the land.
D)the Supreme Court of Canada is made up of judges who make law.
E)Parliament only makes laws.

Question 19

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

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 20

A risk management plan

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 21

The Supreme Court of Canada performs several roles.One role it does NOT perform is

A)protector of civil liberties.
B)an umpire between the various levels of government.
C)determining the validity of legislation.
D)interpreter of legislation.
E)resolving disputes between private parties.

Question 22

Section 15 of the Canadian Charter of Rights and Freedoms deals with

A)its application to citizens of the United States.
B)equality rights.
C)national politics.
D)the applicability of the Human Rights Act.
E)legal rights.

Question 23

Federalism is

A)the system of government that applies in the Province of Quebec.
B)the system of government in which the central government makes laws for all the people.
C)the system of government in which power is divided between two levels of government.
D)a system of government in which the various governments,such as federal and provincial,all come together to make laws for all the people.
E)the system of government that believes in health care for all.

Question 24

Whenever a law is determined by a court to be outside the jurisdiction of the legislature,and beyond its powers,the law or provision is said to be

A)a federal law.
B)ultra vires and therefore void.
C)the result of residual power.
D)excess of jurisdiction and therefore invalid.
E)the result of concurrent powers.

Question 25

Which of the following is NOT part of the role or function of the courts?

A)to interpret legislation
B)to resolve disputes between parties
C)to protect civil liberties
D)to arrest offenders
E)to determine the validity of legislation

Question 26

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

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.

Question 27

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

Question 28

Law and justice must,of necessity,coincide regardless of whether the result is morally right or Correct.

Question 29

A simple definition of law would be misleading because law is so diverse and complex.

Question 30

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

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 31

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

Question 32

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

Question 33

In commerce today,businesses have no need to live up to higher ethical standards.In other words,businesses need not consider the concept of corporate responsibility.

Question 34

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

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 35

Law is derived from a variety of sources.These include the constitution,legislation,and

A)the Supreme Court of Canada and subordinate legislation.
B)court decisions handed down by judges.
C)statements made by ministers and administrative rulings.
D)media reports and other news.
E)the cabinet.

Question 36

The law reflects the highest level of moral and ethical standards that are universally accepted by all people.

Question 37

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

Question 38

Section 33 of the Charter allows the legislature to pass legislation that overrides the fundamental freedoms specified in the Charter only if

A)the legislation expressly declares that it "shall operate notwithstanding" a provision included in the Charter.
B)a court determines that the freedoms can be overridden.
C)two-thirds of the provinces having at least 50 percent of the total population of Canada approve.
D)the legislation in question does not violate the Human Rights Act.
E)five years have passed since the legislation was first proposed.

Question 39

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

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

Question 40

Certain fundamental truths,such as "all men are created equal," have been incorporated into our laws.

Question 41

The law is central to a business's interactions with its customers,suppliers,competitors,and government.

Question 42

In Canada,only the federal and provincial governments make the laws.

Question 43

Canada is a federal system.Briefly explain what this means.

Question 44

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.

Question 45

What is subordinate legislation?

Question 46

You are a judge sitting on the Supreme Court of Canada,which has been asked to rule on the interpretation of a provision in a new statute and to decide whether it is constitutional.What are the two approaches that you can take and what would be the outcome of each?

Question 47

In any legal system,justice is merely the end result of that legal system and should not be equated with moral right and wrong.

Question 48

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

Question 49

The literal approach to the interpretation of statutes requires a consideration of the plain meaning of the provision of a statute.

Question 50

The Charter of Rights and Freedoms provides that all are entitled to certain fundamental freedoms.What are these fundamental freedoms? Are there any limits on these freedoms?

Question 51

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

Question 52

What do we mean when we say that the two levels of government have concurrent powers?

Question 53

Unlike United States Supreme Court judges,Canadian Supreme Court judges are not subjected to a public and politicized confirmation process.

Question 54

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

Question 55

Generally speaking,there are three types of codes of conduct that may be imposed on a business.List or state these codes of conduct.

Question 56

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

Question 57

The rights prescribed in the Charter of Rights and Freedoms are absolute.

Question 58

A business can be managed and run in either a prudent and responsible manner or a stupid manner.Explain how a prudent and responsible businessperson would manage and run a new business that he or she has just began as compared to a person who was not prudent or responsible.

Question 59

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

Question 60

In a federal country such as Canada,the Supreme Court often has the last word.Explain.