Study Questions Contemporary Canadian Business Law CH1
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Red Deer College *
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Feb 20, 2024
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1.
Which of the following are true?
Multiple select question.
A right may become a privilege.
Privileges can be revoked by the state.
Rights can be a duty to do or not do something.
2.
Which of the following is not one of the reasons a business person should study business law.
To avoid having to hire a lawyer.
To know the rights of employees.
To maintain the respect of business partners.
To help keep a business out of trouble.
3.
You are starting a single owner new business to manufacture chairs. You will hire 10 employees and will make and sell your chairs locally. What laws must you be aware of?
Contract, tort, employment, and land.
Environmental law, contract, tort, and international law.
Reason: You are only operating locally, so international law should not be a concern.
Contract, employment, negotiable instruments, and tort.
Reason: You are not selling shares, so you don't need to know about negotiable instruments
4.
True or false: Law and society are inextricably linked. TRUE
5.
Select all that apply Why is it so difficult to form a precise definition of the law?
The law varies between countries.
Philosophers can't agree.
Law is a concept not a thing with clearly defined limits.
The Law changes to quicky
6.
Which of the following is a right?
Freedom of speech.
7.
The law responds to the demands of a FREE SOCIETY
8.
Select all that apply
Jane decides to start a lawn care business. She hires Bob to help her, and she ends up with a thriving business with dozens of clients. In which of the following instances will a knowledge of the law be helpful to Jane?
When Bob is involved in an accident with the company truck.
When she enters into a contract with Bob.
When she enters into a contract with a new client.
When a client moves away after paying their bill.
9.
Select all that apply
Which of the following are areas of the law that a business person should be familiar with?
Tort
Employment
Contract
10.
Select all that apply
Identify why the government might chose to use law as a form of social control.
To restrict individual rights and freedoms.
To implement public policy.
To increase their own revenue.
11.
Law and society are closely linked today because
the laws represent the values of a given society.
the history of law mirrors the history of a society.
the law touches almost every facet of our lives.
people today need to be kept in check.
12.
Laws that protect individuals engaged in business would most likely fall
under the category of
RULES OF CONDUCT
13.
Rules of conduct in any society enforced by the government on
the community to create fair and predictable outcomes are known as LAW
14.
What signaled the establishment of law as form of social control?
A governing body with the power to impose a decision on an individual in the
interest of the common good.
15.
Which of the following is not true
in regards to the law.
Law shapes the nature of society
Law changes in response to the needs of a free society.
Law is a means of social control.
Law is usually enforced by sanction
16.
True or false: Laws developed gradually over a long period of time. TRUE
laws developed at different rates, but generally took some time
.
17.
What replaced vengeance to settle disputes?
Restitution
18.
Select all that apply
What must the government do to convince the public to accept laws that impinge on their freedoms
?
Impose complete government control over the activity.
Government must impose oppressive penalties.
19.
Which of the following is not
a principal role of law?
Ensuring business makes a profit
establishing rules of conduct
settling disputes
providing protection for individuals
20.
The earliest forms of law stemmed from the need to maintain order between individuals. Which of the following can be seen as precursors to the modern judicial system that relies on judges, juries, and police?
Elders, community, governing body
21.
What was the most important development in establishing the Common Law?
Justices meeting in London to exchange notes on decisions
22.
Select all that apply
Which of the following were influences on the development of law within the city-state?
officially sanctioned rules
invasion of armies
formation of government body
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trading between cities
marriage between community members
23.
Law based on consistent decisions
is called
CUSTOMARY LAW
24.
In a common law system, the term "
stare decisis
" references: _______.
a lower court following the precedent of a decision by a higher court in its jurisdiction
25.
Select all that apply
Identify why the government might chose to use law as a form of social control.
To restrict individual rights and freedoms.
To implement public policy.
To increase their own revenue.
26.
Case law
is the collection of legal interpretations made by Judges
27.
The Norman Conquest in 1066 had the greatest influence on
The administration of the country
28.
Under what circumstances would a judge not rely on precedent?
Decision from a different province.
Different facts in the case.
Decision from a lower court.
Supreme Court decision
29.
If a judge in a common law system cannot find precedent to a legal matter in front of him or her, what can that judge do?
In the absence of precedence, the judge can create his own law.
30.
______ actions, called statutes, are an important source of law.
Legislative
31.
Statutory law refers to the body of law formed by ______.
a legislative body.
32.
Law incorporated into the Common Law from church made law is called ______.
CANON LAW
33.
What was the most important development in establishing the Common Law?
Justices meeting in London to exchange notes on decisions
34.
When the courts rely on ______, they are obeying stare decisis.
Precedent
35.
In the context of sources of business law, the assortment of rules and regulations put forth by l
egislatures is called _____.
Statutory law
36.
_____ actions, called statutes are an important source of law.
LEGISLATIVE
37.
The greatest advantage of Common Law
over Statute law is _______.
ability to absorb other laws over time.
38.
If a Judge was faced with a case in which applying the Common
Law is inappropriate, the Judge may apply ______.
an equitable remedy.
39.
What is the correct order of events to create a new Statute?
Bill, motion, royal assent, proclamation.
40.
______ law is the collection of legal interpretations made by judges.
COMMON
41.
Identify the elements of Indigenous law that differ from Common or Civil law concepts.
Property
Proof
Adjudication
Tradition - Precedence in Common Law is also based on tradition
42.
Statutory law can be created by ______.
Federal legislature
Provincial legislature
Municipal governments
Judges for their jurisdiction
43.
Statute law is best suited to dealing with ______.
respond to public demand.
deal with social change.
quick changes to law.
gradual evolution of law.
44.
Which of the following are part of the process by which Statute law is created?
bill
motion
royal assent
45.
What is the difference between Aboriginal law and Indigenous law?
Aboriginal law is made by Canadian courts.
46.
Which of the following is NOT covered by the 3,168 articles of the Quebec Civil Code?
environmental law
47.
______ in a civil law system are the sole official source of law. (Choose
TWO best answers)
Codes
Statutes
48.
In the civil law system, what role does the judicial branch play?
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The judicial branch does not create law. The judicial branch only applies the law that the legislature has passed.
49.
The Civil Code
is largely derived from the
1804 FRENCH
50.
Codification of the Common Law primarily took place in the area of COMMERCIAL LAW
51.
What is the most common legal system in the world? CIVIL LAW SYSTEM
52.
Which of the following would not fall under administrative law?
Divorce
53.
In a civil law system, which branch of government creates law?
LEGISLATURE
54.
Which of the following is not contained in the Constitution Act,
1982?
Criminal Code
the contents of the BNA Act, 1867
the Charter of Rights and Freedoms
an amending formula
changes in the power of government
55.
The primary advantage to codification is ______.
Certainty
56.
What serves as the sole official source of law in a civil law system?
Codes (statutes)
57.
The powers of the Federal government are contained in which section of the Canada Act, 1982? Section 91
58.
Administrative law is primarily concerned with regulations of statute enforced by administrative bodies.
59.
The Charter of Rights and Freedoms will limit the rights of the
INDIVIDUAL
when it is to the detriment of the public generally not to
do so
60.
The second major part of the Constitution of Canada contains
an amending formula
some additional changes in the powers of government
the contents of the British North America Act, 1867
61.
Which of the following is not an exception to the five year limit
on the duration of a legislative assembly?
economic crisis
-war, invasion, insurrection
62.
Which of the following are fundamental freedoms?
Right to move freely throughout the country.
Right to retain a lawyer upon arrest.
Right to due process.
Right to trial within a reasonable time.
Right to trial in any language the accused chooses.
63.
Where would you find the powers of the provincial governments
enumerated?
Section 2, 1982
64.
Which of the following is not true in regards to the Equality Rights protected by the Charter of Rights and Freedoms?
New Brunswick and Quebec are officially bilingual provinces.
65.
Under what circumstances would a person not be able to enforce their rights and freedoms under the Charter?
When an accused represents a clear danger to the public.
66.
The Charter of Rights and Freedoms can be limited in what circumstances?
To balance the rights of the individual with the public good.
67.
Section 33 of the Charter of Rights and Freedoms allows Parliament or provincial legislatures to pass legislation that conflicts with or overrides fundamental freedoms, legal rights, and certain equality rights. It is known as the
clause.
68.
Which of the following is true about special or general rights and freedoms?
The rights in the Charter are meant to be minimums.
69.
What is the most important reason to include fundamental freedoms
within the Constitution?
Any change can only be made through a difficult amendment process.
70.
Section 35 of the Charter defines "Aboriginal Peoples" as being
Indian
,
Inuits
,
Merits
peoples of Canada.
71.
The government would bring proposed legislation before the Supreme Court to determine its
notwithstanding
constitutionality
72.
Identify all of the following which are true.
The legislative powers are not changed by the Charter
Legislative authority of each level of government is subject to the Charter
The Charter applies to territories and provinces.
Provincial powers under the BNA Act are changed by the Charter
ederal powers under the BNA Act are changed by the Charter
73.
The classification that includes all laws that set out the procedures by which individuals may enforce their rights and duties is called
law.
74.
Which classification of law involves disputes between private individuals or groups and their government? PUBLIC
75.
Substantive law is the laws that set out the rights and duties of individuals.
76.
Which of the following is a correct statement regarding criminal prosecution?
The state or federal government can prosecute a crime.
77.
Public law involves disputes between private individuals or groups and their
government
78.
The Charter applies to both
provinces
and territories
79.
Which classification of law applies to situations in which someone commits an act against the public as a unit
?
CRIMINAL
Procedural
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