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contemporary canadian business law principles band cases 10th edition john a. willes test_bank.
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Ch01Student: ___________________________________________________________________________
1. Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created
a computer virus that would erase key accounting data if Maxine's name was removed from the payroll.
This is a crime under the Criminal Code. If Maxine is caught, she will be
A. prosecuted by the Crown because the Code is public law.
B. sued by the Crown because the Code is private law.
C. sued by her employer under the Criminal Code because it is a civil law matter.
D. sued by her employer under the Criminal Code because it is a private law matter.
E. prosecuted by the Crown for breach of the Civil Code.
2. The federal government placed new legislation before Parliament regarding the regulation of
telecommunication companies. Which of the following statements is not true?
A. This proposed legislation is called a "bill."
B. This legislation must be brought before the House of Commons three times and then it will be law if it
is passed.
C. Once the proposed legislation has been passed by the Parliament of Canada; it must be given royal
assent and be proclaimed.
D. Once the proposed legislation has been passed by the Parliament of Canada it can be amended by
another statute.
E. All of the answers are correct.
3. The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer
licence for their new restaurant. Which of the following is not true?
A. The board is an administrative tribunal, not a court of law.
B. The decisions of the board become part of the administrative law of the province.
C. Agencies and boards such as this one are part of the expanding government regulation of private
citizens and businesses.
D. The Simpsons will deal with civil servants rather than elected representatives while applying for their
licence.
E The right to make its own rules and procedures is delegated to the board, but these are subject to the
. approval of the provincial legislature.
4. The government of the province has introduced a bill into the legislature to make the recycling of
household garbage mandatory. Once it has passed third reading, the next step is that it must be
A. sent to the relevant committee for clause-by-clause study.
B. given royal assent by the Lieutenant-Governor.
C. debated in principle by the members of the legislature.
D. sent to the Senate for approval.
E. amended and prepared for its final reading.
5. When judges apply the principle of stare decisis in deciding a case before them they are, in effect,
applying the
A. substantive law.
B. doctrine of precedent.
C. principles of equity.
D. rules of public administrative law.
E. doctrine of precedent and substantive law.
,6. The Big Time Construction Company is erecting a large office tower for a major commercial property
developer. In the course of construction, a dispute arises as to the timing of cash advances from the
developer to finance the next stage of construction. The parties had executed a contract between them
which stated that each cash advance from the developer would be provided to the builder after the work
on the previous stage had been completed and inspected by the developer. The builder now says that
the developer is delaying the inspections and that it cannot carry on to the next stage without the cash
advance. The developer says that the builder is deliberately delaying the progress of the construction by
not beginning the next stage while it waits for the inspection required to release the next cash advance.
The developer intends to take legal action against the builder.
A. The developer must use procedural law to sue the builder.
B. The dispute between the parties will be resolved by substantive law.
C. The contract which the parties made will be interpreted by private law.
D. The court will reach a decision in the case using administrative law.
E. All types of law except administrative law will apply.
7. If it were decided to amend the Constitution to make ownership of property a right, it would be necessary
to have the agreement of
i. at least two-thirds of the provinces, which together make up at least half of the population of Canada.
ii. at least half of the provinces, which together make up at least two-thirds of the population of Canada.
iii. more than half of the members of the federal Parliament.
iv. at least two-thirds of the members of the federal Parliament.
v. all ten provinces.
A. i.
B. ii.
C. i and iii.
D. ii and iv.
E. iii and v.
8. The provincial legislature is about to pass a piece of legislation that conflicts with one of the following
rights. It had intended to do so under s. 33(1), the notwithstanding clause, but has just found out that s. 33
is not effective against this right. Which of the following is it?
A. The right to life, liberty and security of the person.
B. Freedom of speech.
C. Freedom of religion.
D. The right to vote.
E. Equality rights.
9. A small Ontario town passes a bylaw which says that shop signs must be only in English. A butcher's
shop which caters to the local German-speaking population is charged with infringing the bylaw and the
proprietor raises s. 2(b) of the Charter in his defence.
A. Since only political speech is protected by the Charter, he will lose.
B. Since the Charter does not apply to non-government bodies like a butcher's shop, he will lose.
C. Since the Charter protects commercial expression because it helps individuals make informed
economic choices, he will win.
D Since the Charter protects commercial expression, regardless of any value it may have, simply because
. we must all be free to say what we choose, he will win.
E. None of the answers are correct.
,10. In response to the growing number of traffic deaths resulting from alcohol-related accidents, many
provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to try
to discourage drunk driving. When this practice was challenged in the courts as an infringement of s. 9 of
the Charter,
Acounsel for the Crown would successfully argue that the practice could be continued indefinitely
. because of s. 33 of the Constitution, which allows the provinces to exempt the legislation from the
application of the Charter.
B. counsel for the Crown would argue that the roadside checks are permissible on the basis of s. 1 of the
Charter.
Cthe challenging party, a motorist who had been stopped and found to have excessive blood alcohol
. levels, would successfully argue that the legislation violates his s. 6 mobility rights.
D. the Crown would argue s. 33 and s. 1.
E. All of the answers are correct.
11. The government of Saskatchewan passed a statute that allocates water on the North Saskatchewan River.
The function of this legislation is to
A. settle disputes.
B. establish rules of conduct.
C. provide protection for individuals.
D. settle disputes and establish rules of conduct.
E. All of the answers are correct.
12. Nova Scotia has rules of court that state a party who commences a lawsuit must provide the other party's
to the lawsuit with a copy of the document setting out their claim. The function of the rules of court is
to
A. settle disputes.
B. establish rules of conduct.
C. provide protection for individuals.
D. settle disputes and establish rules of conduct.
E. All of the answers are correct.
13. Which Canadian provinces utilize the Common Law system?
A. British Columbia, Alberta, Saskatchewan and Manitoba
B. Newfoundland, New Brunswick, Prince Edward Island, Nova Scotia and Quebec
C. Ontario, Quebec, Nova Scotia and Manitoba
D. New Brunswick, Quebec and Manitoba
E. All Canadian provinces
14. The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a motor
vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which of the
following courts would have to apply this decision in determining whether Vespa scooters required a
licence plate?
A. Supreme Court of Canada
B. Ontario Court of Appeal
C. Ontario Supreme Court
D. Alberta Provincial Court
E. All Canadian provincial courts
15. Under the Canadian Constitution the federal government has exclusive jurisdiction over which types of
laws:
A. Trade and commerce, criminal law and bankruptcy and insolvency law.
B. Trade and commerce, criminal law and incorporation of companies.
C. Trade and commerce, the solemnization of marriage and local works and undertakings.
D. Criminal law, incorporation of companies, solemnization of marriage.
E. Trade and commerce, incorporation of companies and bills of exchange.
, 16. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized
by her may reproduce the contents of the book. Jill's rights are an example of a legal privilege.
True False
17. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized
by her may reproduce the contents of the book. The Copyright Act is an example of a statute.
True False
18. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized
by her may reproduce the contents of the book. The Copyright Act can be found at R.S.C. 1985. "R.S.C."
stands for "Revised Statutes of Canada."
True False
19. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized
by her may reproduce the contents of the book. Jill's copyright in the textbook is protected everywhere in
Canada.
True False
20. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. The judge will make her decision based on the
Common Law about this sort of issue.
True False
21. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. If the judge did not use the Common Law in this
case, she would have to rely on the theory of precedent instead.
True False
22. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. The modern law concerning commercial matters
such as this has grown out of the ancient Law Merchant.
True False
23. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is
no legislation that deals with the issue between them. Mary's rights and obligations in relation to contracts
are part of the procedural law.
True False
24. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. The new
law will be proclaimed before it receives royal assent.
True False
25. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada This would
be an example of substantive private law that has been codified from the Common Law.
True False
26. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. If the
government has a majority of seats in the House of Commons, the bill may be passed with two readings
and then sent to the Senate.
True False
27. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. Peters,
who later violates this new law by being found in possession of a restricted weapon, will be charged with
a violation of the law by the Crown but will not be sued for damages.
True False
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