BUSI 2601 - Exam Review Questions With All Complete And Verified Answers,

Laws promote certainty and predictability because they never change (T/F) - correct answer False One of the purposes of the criminal justice system is to ensure that the victim of the crime will be compensated for the harm done by the offender (T/F) - correct answer False A purpose of a legal risk management plan is to reduce the risk of being sued and to reduce the amount of liability in the event of a lawsuit (T/F) - correct answer True The Canadian Charter of Rights and Freedoms replaced human rights legislation in 1982,when Canada's Constitution was brought home from England (T/F) - correct answer False The courts are empowered to strike down any law that violates the Charter (T/F) - correct answer True The Charter does not prohibit businesses from discriminating against racial minorities if they so choose (T/F) - correct answer True Administrative tribunals have less expertise than courts (T/F) - correct answer False Public laws govern actions of individuals and businesses when those actions occur in public places such as parks, roads, waterways, and the air (T/F) - correct answer False Canada and all its provinces and territories operate under a common law legal system (T/F) - correct answer False Judicial review is a process whereby a court reviews a tribunal's decision for errors of law, errors involving fairness, or errors involving the tribunal's exercise of power (T/F) - correct answer True Which definition or definitions best describe "the rule of law"? a. Everyone has equal rights before the law, and nobody is above the law, including government. b. The wealthy and educated are more likely to benefit from the law than are the poor and uneducated, and all societies are ruled by law. c. Punishment for breaking the law is imposed according to rules of conduct. d. All of the above - correct answer a. Everyone has equal rights before the law, and nobody is above the law, including government Which of the following best describes the protections afforded by the Canadian Charter of Rights and Freedoms? a. Freedom from discrimination and harassment in the work place. b. Freedom from unreasonable government interference with respect to rights and freedoms such as equality, religion, and expression. c. The legal right to sue a person or company for discrimination. d. The legal rights and freedoms of Canadians are guaranteed and cannot be limited by legislation in any way - correct answer b. Freedom from unreasonable government interference with respect to rights and freedoms such as equality, religion, and expression. Which of the following best describes substantive law? a. It defines international legal status. b. It defines relationships between governments. c. It defines the process by which to enforce legal protections set out in the Charter. d. It defines rights and sets limits on conduct - correct answer d. It defines rights and sets limits on conduct What does the division of powers found within Canada's Constitution dictate? a. Which powers are statutory and which are derived from the common law. b. Which powers are territorial, provincial, and municipal. c. Which powers are provided to Quebec through the civil law and to the rest of Canada through the common law. d. Which powers are federal and which powers are exclusively provincial - correct answer d. Which powers are federal and which powers are exclusively provincial In which of the following legal proceedings is Barney appearing in a matter categorized as private law? a. Barney appears as a witness for the prosecution in Fred's fraud trial. b. Barney appears as a witness at a hearing where Fred is appealing the decision of a worker's compensation tribunal. c. Barney appears as a witness in proceeding where Fred is suing a business associate for breach of contract. d. Barney appears as a witness at Fred's trial on a municipal noise by-law infraction - correct answer c. Barney appears as a witness in proceeding where Fred is suing a business associate for breach of contract. Which of the following is an example of procedural law? a. The rule that prohibits a restaurant from serving alcohol to persons under the age of 19. b. The rule that requires the operator of a vehicle to drive within the prescribed speed limit. c. The rule that prevents songs protected by copyright from being uploaded on to the Internet without permission. d. The rule that requires that a lawsuit must be personally served on the defendant in the case - correct answer d. The rule that requires that a lawsuit must be personally served on the defendant in the case Which of the following is not a legal term normally associated with civil law proceedings? a. liability b. prosecutor c. plaintiff d. damages - correct answer b. prosecutor Which of the following is not an example of how tribunals are different from courts? a. Tribunal decisions are not binding on the parties in the same way as are court decisions. b. Tribunals usually have more informal and flexible procedures than do courts. c. Tribunals may consider public policy to a degree that courts usually do not. d. Tribunals may admit evidence that would never be admitted in a court - correct answer a. Tribunal decisions are not binding on the parties in the same way as are court decisions. The judicial branch of government creates case law when it interprets the law. However, Canada has a constitutional principle that allows the legislative branch of government to override judge-made law. What is this constitutional principle known as? a. ultra vires b. stare decisis c. rule of law d. parliamentary supremacy - correct answer d. parliamentary supremacy In the Superior Court, you are entitled to disclosure of the other party's documents and evidence prior to trial (T/F) - correct answer True If you win a case in court, you can enforce your judgment by using garnishment to seize and sell the defendant's car (T/F) - correct answer False A decision made in the trial division of the Superior Court is binding on the Court of Appeal (T/F) - correct answer False The Small Claims Court has the power to grant injunctions (T/F) - correct answer False If you believe a decision of an administrative board was unfair and not based on evidence, you have the right to have the decision reviewed in the courts (T/F) - correct answer True If you think someone has breached your legal rights, you can sue at any time (T/F) - correct answer False Arbitration as a process is a. more formal than negotiation b. more formal than litigation c. controlled by the parties d. none of the above - correct answer a. more formal than negotiation If the parties have a history of conflict, and one is stronger than the other, the following is probably the best alternative dispute resolution process: a. negotiation b. mediation c. arbitration d. either b or c would work equally well - correct answer c. arbitration In talking about alternative dispute resolution, we often discuss rights and interests. In this context, "rights" refers to a. short-term goals b. long-term goals c. business concerns, aspirations, and priorities d. entitlements - correct answer d. entitlements In positional negotiation, you a. determine what outcome you want before you start and stick to it as best you can b. explore with the other parties what the source of the conflict is c. accept the other side's position as legitimate and valid d. ask open-ended questions e. do none of the above - correct answer a. determine what outcome you want before you start and stick to it as best you can In the mediation process, a. the mediator guides discussions and imposes a settlement after hearing both sides b. the mediator guides discussions c. the mediator always keeps the parties apart during discussions d. the parties must not be in an adversarial position - correct answer b. the mediator guides discussions You should use mediation if a. both parties are prepared to make serious efforts to resolve the issues b. both parties are prepared to explore mutual interests and wish to maintain an ongoing relationship c. in settling a rights issue, the parties are more interested in making their own rules than in having rules imposed on them by a neutral individual d. all of the above e. only b and c are correct - correct answer d. all of the above You should use arbitration if a. the other party is stronger than you are b. you know the other party will comply with the arbitrator's decision c. you have a good working relationship with the other party and have successfully resolved interest disputes in the past d. all of the above e. none of the above - correct answer a. the other party is stronger than you are "Solicitor-client privilege" means a. anything your lawyer tells you cannot be repeated by you to anyone else b. anything you write to your lawyer cannot be revealed by either of you c. your lawyer has a right ahead of other creditors to payment of his or her bill for services d. third parties who provide your lawyer with information about your case cannot reveal it to anyone else e. your lawyer cannot reveal any information you give to him or her about the case without your permission - correct answer e. your lawyer cannot reveal any information you give to him or her about the case without your permission Small Claims Court cases differ from those in the trial division of the Superior Court in the following way(s): a. There is a limit on the amount of money one can sue for in the Small Claims Court. b. Proceedings in the trial division of the Superior Court are quicker and cheaper than those in the Small Claims Court. c. There is no discovery process in the Small Claims Court. d. The rules of evidence are more relaxed in the Small Claims Court than in the trial division of the Superior Court.