Test Bank For Law and Business Administration in Canada, The, 15th Edition by J E. Smyth, Dan Sober

Test Bank For Law and Business Administration in Canada, The, 15th Edition by J E. Smyth, Dan Sober 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. non e of the above e. all of the above - Correct answer -b. diverse and complex. 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 - Correct answer -e. all of the above The fact that laws that a ppear 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 just ice as nothing more than the result of our legal system. e. those who make the laws just do not care. - Correct answer -d. in reality, we must think of justice as nothing more than the result of our legal system. 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 Right s Tribunal in any province. e. any Landlord and Tenant Board Tribunal in any province. - Correct answer -c. the Supreme Court of Canada. Test for determining s 96 entity • Historical Inquiry: Is power conferred on the AT analogous to the kind of powers exe rcised by Courts at time of confederation? If not, that ends the inquiry. • Institutional Setting: Is the impugned function judicial in nature when viewed in its institutional setting, e.g., Do they look like a court proceeding? If not, that ends the inqui ry. • Main Function: Is the judicial power the sole or main function of the tribunal? If main function is judicial in nature then tribunal is considered s 96 court and judges must be federally appointed. If ancillary to a broader institutional scheme, it m ay be saved. • Analysis: i) Yes, analogous to power to make ejectment/compliance order; ii) Yes, it is judicial in nature because called to apply recognized body of rules in a manner consistent with fairness and impartiality; iii) Yes, the sole function of tribunal was judicial in nature, resolving disputes. Admin functions were merely ancillary. 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 dis pute 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 do es 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 admiss ions 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 permit - Correct answer -a. the solicitor/client privilege does not allow Julie to reveal any communications she had with Joe without his approval. 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. - Correct answer -b. that the business complies with all regulatory and legislative requirements to avoid claims, fines and other possible penalties or sanctions. 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 - Correct answer -e. all of the above 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 lega l risks associated with the everyday choices that they make. - Correct answer -e. must know the law and must understand the legal risks associated with the everyday choices that they make. A risk management plan a. does not require regular revision. b. doe s 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. - Correct answer -e. helps a business to identify and anticipate potential legal liability. 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 - Correct answer -e: all 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 bu siness operation. - Correct answer -e. conduct a legal audit of the business operation. 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.