Commercial Law Final Exam
Questions And Answers
What is the role of Law? - Correct Answer - Influencing Behaviour
What does the Law protect? - Correct Answer - People and Property
How does the Law effect the government? - Correct Answer - It restricts the government
from certain areas, and empowers it in other areas.
What are the three types of legal liability? - Correct Answer - Criminal, Regulatory, and
Civil
What are the five steps to a legal risk management plan? - Correct Answer - Identify
potential risks, Assess and Prioritize them, Develop a plan, Implement the plan,
Reassess regularly
What are the four legal risk management strategies? - Correct Answer - Avoid, Reduce,
Transfer and Absorb
Who makes Law? - Correct Answer - The constitution, statutes or legislation, court
decisions
What do judges do? - Correct Answer - Determine the validity of legislation, interpret the
legislation, protect human rights, develop case law, determine disputes between private
parties
How can you challenge the validity of a statute? - Correct Answer - Argue that the
subject matter of the legislation is not within the jurisdiction of the relevant government,
Argue that the legislation violates the Charter, Argue that the interpretation is wrong
Why do we have the Charter of Rights and Freedoms? - Correct Answer - To restrict
government interference with certain rights and freedoms
What are the five parts of the Charter of Rights and Freedoms? - Correct Answer -
Fundamental Freedoms, Legal Rights, Equality Rights, Democratic Rights, Mobility
Rights
What does section 33 of the Charter state? - Correct Answer - It permits legislation to
overwrite parts of the charter, but expires after 5 years if not re-enacted
, What does section 1 of the Charter state? - Correct Answer - States that our rights are
subject to "reasonable limits"
What is substantive law? - Correct Answer - Rules that govern rights and obligations,
can be public or private
What is procedural law? - Correct Answer - Rules that determine the enforcement of
rights and obligations
What disputes does public substantive law cover? - Correct Answer - Disputes between
the government and private citizens
What disputes does private substantive law cover? - Correct Answer - Disputes
between private citizens
Where uses the Civil Code? - Correct Answer - Quebec
Where uses Common Law? - Correct Answer - The rest of Canada
What does stare decisis mean? - Correct Answer - Judges are bound to precedents
What type of law requires stare decisis? - Correct Answer - Common Law
Who can overrule stare decisis? - Correct Answer - Supreme Court of Canada
What power does the government have over law? - Correct Answer - They can codify,
modify or reform existing law, and authorize active government programs
What are the two approaches to interpret legislation? - Correct Answer - Literal: Views
legislation by dictionary meaning
Liberal: Views legislation in context
What are the benefits of a Class Action Lawsuit? - Correct Answer - Allowing economic
access to justice, avoiding multiple actions and inconsistent results, deterring wrongful
behaviour
What are legal costs? - Correct Answer - The fees and disbursements that a party
incurs in processing the claim
Who pays legal costs? - Correct Answer - Usually the loser of the trial will pay a portion
of the winners costs
What is a out-of-court settlement? - Correct Answer - One party agrees to pay a sum of
money (or another agreement) in return for a waiver by the other party of all rights
arising from the claims
Questions And Answers
What is the role of Law? - Correct Answer - Influencing Behaviour
What does the Law protect? - Correct Answer - People and Property
How does the Law effect the government? - Correct Answer - It restricts the government
from certain areas, and empowers it in other areas.
What are the three types of legal liability? - Correct Answer - Criminal, Regulatory, and
Civil
What are the five steps to a legal risk management plan? - Correct Answer - Identify
potential risks, Assess and Prioritize them, Develop a plan, Implement the plan,
Reassess regularly
What are the four legal risk management strategies? - Correct Answer - Avoid, Reduce,
Transfer and Absorb
Who makes Law? - Correct Answer - The constitution, statutes or legislation, court
decisions
What do judges do? - Correct Answer - Determine the validity of legislation, interpret the
legislation, protect human rights, develop case law, determine disputes between private
parties
How can you challenge the validity of a statute? - Correct Answer - Argue that the
subject matter of the legislation is not within the jurisdiction of the relevant government,
Argue that the legislation violates the Charter, Argue that the interpretation is wrong
Why do we have the Charter of Rights and Freedoms? - Correct Answer - To restrict
government interference with certain rights and freedoms
What are the five parts of the Charter of Rights and Freedoms? - Correct Answer -
Fundamental Freedoms, Legal Rights, Equality Rights, Democratic Rights, Mobility
Rights
What does section 33 of the Charter state? - Correct Answer - It permits legislation to
overwrite parts of the charter, but expires after 5 years if not re-enacted
, What does section 1 of the Charter state? - Correct Answer - States that our rights are
subject to "reasonable limits"
What is substantive law? - Correct Answer - Rules that govern rights and obligations,
can be public or private
What is procedural law? - Correct Answer - Rules that determine the enforcement of
rights and obligations
What disputes does public substantive law cover? - Correct Answer - Disputes between
the government and private citizens
What disputes does private substantive law cover? - Correct Answer - Disputes
between private citizens
Where uses the Civil Code? - Correct Answer - Quebec
Where uses Common Law? - Correct Answer - The rest of Canada
What does stare decisis mean? - Correct Answer - Judges are bound to precedents
What type of law requires stare decisis? - Correct Answer - Common Law
Who can overrule stare decisis? - Correct Answer - Supreme Court of Canada
What power does the government have over law? - Correct Answer - They can codify,
modify or reform existing law, and authorize active government programs
What are the two approaches to interpret legislation? - Correct Answer - Literal: Views
legislation by dictionary meaning
Liberal: Views legislation in context
What are the benefits of a Class Action Lawsuit? - Correct Answer - Allowing economic
access to justice, avoiding multiple actions and inconsistent results, deterring wrongful
behaviour
What are legal costs? - Correct Answer - The fees and disbursements that a party
incurs in processing the claim
Who pays legal costs? - Correct Answer - Usually the loser of the trial will pay a portion
of the winners costs
What is a out-of-court settlement? - Correct Answer - One party agrees to pay a sum of
money (or another agreement) in return for a waiver by the other party of all rights
arising from the claims
