(Test Bank) Law and Business Administration in Canada

9780135243039, Smyth,Soberman,Easson,Mcgill, 15

Law

Test Bank

15th Edition

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Test Bank for Law and Business Administration in Canada, The downloadable file consists of 674 pages, and the total size of the file is 4.13 MB. Purchase now only for highly discounted price.

Author(s): Smyth, Soberman, Easson, Mcgill

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TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-1 1) 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 Answer: b Diff: 2 Type: MC Topic: The Role of Law Skill: Recall 2) 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: e Diff: 2 Type: MC Topic: The Role of Law Skill: Recall 3) 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. Answer: d Diff: 3 TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-2 Type: MC Topic: The Role of Law Skill: Applied 4) 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. Answer: c Diff: 3 Type: MC Topic: Legal Risk Management Skill: Recall 5) 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. Answer: a TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-3 Diff: 3 Type: MC Topic: Legal Risk Management Skill: Applied 6) 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: b Diff: 3 Type: MC Topic: Legal Risk Management Skill: Applied 7) 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 Answer: e Diff: 2 Type: MC Topic: Law and Business TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-4 Skill: Recall 8) 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. Answer: e Diff: 2 Type: MC Topic: Law and Business Skill: Recall 9) 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. Answer: e Diff: 2 Type: MC Topic: Law and Business Skill: Applied 10) 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 TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-5 Answer: e Diff: 1 Type: MC Topic: Law and Business Skill: Recall 11) 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. Answer: e Diff: 3 Type: MC Topic: Law and Business Skill: Applied 12) 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 Answer: e Diff: 2 Type: MC Topic: The Courts and Legislation Skill: Recall 13) A binding code of conduct is a a. general code of conduct that is available to anyone. TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-6 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. Answer: d Diff: 2 Type: MC Topic: Law and Business Ethics Skill: Recall 14) 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: a Diff: 3 Type: MC Topic: The Courts and Legislation Skill: Applied 15) 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. Answer: e Diff: 3 Type: MC Topic: The Role of Law Skill: Applied TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-7 16) 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. Answer: b Diff: 2 Type: MC Topic: Who Makes Law? Skill: Recall 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. Answer: b Diff: 3 Type: MC Topic: The Courts and Legislation Skill: Applied 18) 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. TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-8 d. have no regard for the average citizen. e. are too political. Answer: c Diff: 3 Type: MC Topic: Challenging the Validity of a Statute Skill: Applied 19) Canadian law comes from a variety of sources including all of the following except a. the constitution or basic law. b. legislation or statutory law. c. regulations. d. court decisions. e. Wikipedia. Answer: e Diff: 2 Type: MC Topic: Who Makes Law? Skill: Recall 20) 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 Answer: d Diff: 3 Type: MC Topic: Who Makes Law? Skill: Recall 21) In a federal country such as Canada, the Supreme Court of Canada, and not Parliament, usually has the last word on the law because TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-9 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. Answer: b Diff: 3 Type: MC Topic: Who Makes Law? Skill: Applied 22) 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. Answer: b Diff: 3 Type: MC Topic: The Courts and Legislation Skill: Applied 23) 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. Answer: b Diff: 3 TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-10 Type: MC Topic: Who Makes Law? Skill: Applied 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. Answer: b Diff: 3 Type: MC Topic: The Courts and Legislation Skill: Recall 25) 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. Answer: c Diff: 3 Type: MC Topic: Who Makes Law? Skill: Recall 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. TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-11 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. Answer: d Diff: 2 Type: MC Topic: The Charter of Rights and Freedoms Skill: Recall 27) 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. Answer: b Diff: 2 Type: MC Topic: The Charter of Rights and Freedoms Skill: Applied 28) 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. Answer: a Diff: 3 TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-12 Type: MC Topic: The Charter of Rights and Freedoms Skill: Applied 29) The Charter applies to governments and governmental activities. It has limited application a. to municipal governments. b. between private persons. c. to Courts of Appeal. d. to Small Claims Court. e. to Human Rights hearings. Answer: b Diff: 2 Type: MC Topic: The Charter of Rights and Freedoms Skill: Recall 30) 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. Answer: e Diff: 3 Type: MC Topic: The Charter of Rights and Freedoms Skill: Applied TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-13 31) 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 Answer: d Diff: 2 Type: MC Topic: The Courts and Legislation Skill: Recall 32) 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 Answer: b Diff: 3 Type: MC Topic: The Charter of Rights and Freedoms Skill: Recall 33) 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. e. paramountcy. TIF for Smyth: The Law and Business Administrations, Fifteenth Edition Chapter 1: Law, Society, and Business Copyright © 2020 Pearson Canada Inc. 1-14 Answer: d Diff: 3 Type: MC Topic: Federalism in the Constitution Skill: Recall 34) If a statute states that it "shall operate notwithstanding" certain rights, this means that permission of parliament is needed to infringe on Charter rights. a. True Incorrect: Incorrect b. False Correct: Correct Answer: b Diff: 2 Type: TF Topic: The Charter of Rights and Freedoms Skill: Recall 35) A simple definition of law would be misleading because law is so diverse and complex. a. True Correct: Correct b. False Incorrect: Incorrect Answer: a Diff: 3 Type: TF Topic: The Role of Law Skill: Recall 36) Certain fundamental truths, such as "all men are created equal," have been incorporated into our laws. a. True Correct: Correct b. False Incorrect: Incorrect