Question 1

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?

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Question 2

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?

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Question 3

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.

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Question 4

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?

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Question 5

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

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Question 6

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

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Question 7

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.

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Question 8

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.

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Question 9

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.

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Question 10

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.

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Question 11

Ranji wants to start a new company, but he 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.

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Question 12

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

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Question 13

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: (a) avoiding it, (b) reducing it, and (c) accepting it.

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Question 14

Identify and briefly explain four areas of public law.

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Quiz 1: Risk Management and Sources of Law