Question 1

Techniques for managing risks include

Accepted Answer

The most effective way to manage risks is through a combination of incorporation, insurance, and exclusion clauses. Incorporation protects an individual's personal assets from being used to pay business debts or legal claims. Insurance provides financial protection in the event of a loss or liability. Exclusion clauses can limit liability in certain situations, such as excluding liability for certain types of damages. Together, these techniques can help mitigate risk and protect a business or individual from financial losses.

Question 2

Which of the following statements is TRUE with respect to exclusion clauses and risk management?

Accepted Answer

Exclusion clauses can be inserted into contracts for the sale of goods to limit or exclude liability. They are often used as a form of risk management.

Question 3

Attila works for Epsilon Inc.The police recently became aware of illegal activities in connection with that organization.Which of the following statements is TRUE?

Accepted Answer

Even if Attila and Epsilon Inc are convicted of crimes, they may also face civil lawsuits if they have committed torts or if there is a statutory private cause of action against them.

Question 4

During a trial,a lawyer raised an argument based on the concept of the "residual power." The lawyer's argument must

Accepted Answer

The concept of residual power falls under federalism and relates to the constitutionally assigned powers of the federal and provincial governments. Therefore, the lawyer's argument would likely pertain to the federal government and constitutional law.

Question 5

Red River Inc,which is based in Winnipeg,Manitoba,has sued a company called Eiffel Tours,which is based in Paris,France.That dispute will be decided by the "common law." That most likely means that the case will be decided by

Accepted Answer

Common law is a legal system that has its origins in England and is based on judicial decisions and customs rather than on codified laws. As both Winnipeg and Paris were historically under the influence of English common law, it is likely that the case will be decided using this legal system.

Question 6

In an effort to protect its dairy industry,a provincial government passed a law that prohibits the importation or manufacture of soy milk.If a soy milk company challenges that statute on constitutional grounds,what would a court likely say?

Accepted Answer

The best choice is option E because it recognizes that provinces have the authority to regulate the production or manufacture of certain products within their boundaries. However, the law may be constitutionally ultra vires if it interferes with federal jurisdiction over inter-provincial trade or mobility rights under the Charter. This recognizes that there may be limitations on provincial authority, but also acknowledges that there is room for provincial regulation in certain areas.

Question 7

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

Accepted Answer

The statement indicates that Noriko has been hired as in-house counsel, which means she will be working with the company to both help resolve legal problems and prevent them from arising in the first place. In-house counsel is hired specifically to provide ongoing legal support to a company, so it is unlikely that Noriko has been retained solely for a single legal matter (D). Additionally, while Noriko may have come from a law firm, she is now an employee of Epsilon Inc and not just available on an ad hoc basis (A). It is also not a valid assumption that Noriko could not find work in a law firm, as many lawyers choose to work in-house for a variety of reasons. Finally, while Noriko may not be able to represent Epsilon Inc in court without external support, she can still provide advice and guidance to the company (E).

Question 8

Which of the following statements is TRUE with respect to risk management and incorporation?

Accepted Answer

Incorporation reduces the risk of liability because the doctrine of limited liability usually means that a corporation's debts must be paid by the corporation and not by the people who run the corporation. This means that shareholders are generally not personally liable for the corporation's debts or actions, which can limit their potential financial exposure.

Question 9

A province created a statute.A court ruled that the statute was ultra vires.That means that

Accepted Answer

"Ultra vires" means "beyond one's legal power or authority." In this context, the court ruled that the province acted beyond its constitutional jurisdiction when it created the statute.

Question 10

Which of the following statements is TRUE with respect to the law of Quebec?

Accepted Answer

Quebec has a civil law system for much of the law that is within provincial jurisdiction, including property and civil rights, even though it shares some laws with other parts of Canada. Therefore, option C is correct. Option A is incorrect because criminal laws are the same throughout Canada, although some provinces may choose to prosecute certain offenses differently. Option B is incorrect because constitutional law is the same throughout Canada. Options D and E are incorrect because Quebec's legal system is primarily based on civil law, not common law.

Question 11

The category of public law contains

Accepted Answer

Public law includes constitutional law, administrative law, tax law, and other areas where the government is involved in its sovereign capacity.

Question 12

The federal,provincial,and territorial governments have decided to re-consider the contents of the Charter.They are particularly interested in the possibility of protecting economic and property rights.Which of the following statements is TRUE?

Accepted Answer

The introduction of a new Charter right for economic and property rights might allow courts to compel governments to ensure adequate housing, but this is unlikely. The U.S. Constitution has a clear right to property, yet no such judicial result has occurred there. Economic rights are not historically defined in Canadian law or similar systems.

Question 13

The Citizen's Coalition for Property Rights (the CCPR)believes that the Charter should protect the right to own property.Which of the following statements is TRUE?

Accepted Answer

The statement that the Charter cannot be amended unless, among other things, the federal Parliament agrees is true. This is outlined in section 38 of the Charter, which states that amendments can only be made with the agreement of Parliament and at least two-thirds of the provinces representing at least 50% of the population. Therefore, the CCPR would need to persuade both federal and provincial governments to support an amendment protecting property rights. The fact that property rights are listed under section 91 of the Constitution does not necessarily protect them under the Charter, as the two documents serve different purposes and have different scopes.

Question 14

Which of the following statements is TRUE with respect to administrative law?

Accepted Answer

Administrative law pertains to the laws and regulations that govern the activities and decision-making processes of administrative bodies and tribunals. The courts review the decisions made by these decision makers and tribunals to ensure that they are legal, fair, and reasonable. Therefore, option D accurately depicts the definition of administrative law. Option A is incorrect because administrative law is important for businesses that engage with government entities. Option B is incorrect because administrative law applies at all levels of government. Option C is incorrect because administrative law affects both government and private individuals or corporations. Option E is incorrect because administrative law is not classified as a branch of criminal law.

Question 15

The category of private law contains

Accepted Answer

Private law primarily deals with relationships between individuals or organizations and includes areas such as real estate transactions, lawsuits based on deceit, and the violation of copyrights, among other things. Contract law and tort law (which deals with civil wrongs or injuries) are also included in private law regardless of whether a government is involved. Property law can also be included in private law, but it is not necessarily exclusive to private law and may overlap with other areas or be closely related to criminal law in certain circumstances. Private law does not exclusively involve cases that parties resolve themselves, as courts may still be involved, and it can include both personal and public matters depending on the nature of the case. Therefore, option B is the most appropriate choice.

Question 16

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 lawyer who provides careless services can be sued in both tort and contract because they owe a duty of care to the client under tort law and have a contractual duty to provide competent services. Options A, B, and C are incorrect because different areas of law can apply to the same set of facts, and option D is incorrect because the employer-employee relationship can also be governed by various statutes and regulations, not just the law of contract.

Question 17

Eric,who is a resident of Saskatchewan,has sued Trois Étoiles Ltd,which is a company based in Quebec,for breach of contract.Which of the following statements is TRUE?

Accepted Answer

The case is a civil matter because it involves a private dispute between a person and a company over a contract, and it would be decided under common law if Saskatchewan laws are applied, as Saskatchewan follows the common law system.

Question 18

Suppose that there is a general feeling in certain parts of the country that judges should be elected rather than appointed.A system of electing judges can be introduced only through a constitutional amendment.This means that

Accepted Answer

This is because changing the way judges are appointed can only be done through a constitutional amendment, which requires the support of Parliament and at least two-thirds of the provinces, representing at least half of Canada's population. This requirement is stated in the Constitution Act of 1982, under the amending formula. Therefore, E is the best choice as it accurately reflects the constitutional requirements for introducing a new system of electing judges.

Question 19

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

Accepted Answer

The Charter was indeed introduced in 1982.

Answer: B
 The Charter is a federal statute, as it is part of the Canadian Constitution.

Answer: C
 The Charter is intended to protect people's rights and freedoms, and as such, it does restrict the grounds upon which courts can strike down laws that infringe upon these rights and freedoms.

Answer: D
 The Charter applies to both governments and private actors, and can be used to challenge actions and laws by both.

Answer: None
 Option E is incorrect, as the Charter applies to both federal and provincial laws.

Question 20

The Charter includes (among other things)rights regarding

Accepted Answer

The answer of The Charter includes (among other things)rights regarding
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Quiz 1: Risk Management and Sources of Law