ACCESS Test Bank for Contemporary Canadian Business
Law
12th Canadian
Edition Willes 2024/2025
Contemporary Canadian Business Law Edition 12 by
Willes
, ACCESS Test Bank for Contemporary Canadian Business Law
12th Canadian
Edition Willes
Chapter Topics
Learning the Law
The Legal Environment of Business
The Nature of Law
The Rise of the Courts and the Common Law
The Sources and Components of Modern Canadian Law
The Constitutional Foundations of Canadian Law
The Canadian Charter of Rights and Freedoms
Case Problems for Discussion
CHAPTER 1. THE LAW AND THE LEGAL SYSTEM
Rights versus Privileges
The Role of Law
The Early Development of Law
Classification of Laws
Summary
Key Terms
Review Questions
Mini-Case Problems
© 2020 Copyright by McGraw-Hill Limited ii mynursytest.store
, ACCESS Test Bank for Contemporary Canadian Business Law
12th Canadian
Edition Willes
Chapter Objectives
The rights and obligations of businesses and business persons stem from the law and our legal system.
After study of this chapter, students should be able to:
• Describe the sources, role and development of Canadian law.
© 2020 Copyright by McGraw-Hill Limited iii mynursytest.store
, ACCESS Test Bank for Contemporary Canadian Business Law
12th Canadian
Edition Willes
• Distinguish between statute and Common Law, and describe the significance of
stare decisis.
• Recognize matters of federal versus provincial jurisdiction.
• Describe the fundamental rights and freedoms set out in the Charter of Rights and
Freedoms.
CHAPTER COMMENTARY
Chapter 1 is introductory in nature, and provides a general background concerning the nature of law, how
laws developed, the general need for some rules to govern the behaviour of individuals, and the
establishment of the various fundamental rights and duties of persons in society.
In class discussion, special emphasis should be placed upon both the sources of law and the classification of
laws in order that students may have a clear idea of what they are and where they may be found. Many
students fail to realize that the Common Law represents a large body of law, and the scope and application
of this source of law should be emphasized in class discussion of the chapter. The text description of the
development of the law and the rise of the courts is intended to be read as a historical introduction to give
students an appreciation of where our laws came from, and how they were developed. In the context of
the courts and the law, the doctrine of stare decisis should be noted, and its purpose and application
discussed with emphasis on the need for "predictability" in the application of the law to cases that come
before the courts. It would be worthwhile to note as well that some judges of the Supreme Court of Canada
have expressed the view that they, as judges of the highest court in the land, do not consider themselves
bound by the doctrine, but would only change a common law rule where it had become inappropriate in a
modern social setting.
Chapter 1 also provides a general outline of the nature of a constitution and its function in a democratic
society. Reference is made to the "constitution" of the United Kingdom and the constitution of the United
States as a basis for discussion of, and comparison with, the Canadian Constitution. The role of the courts as
the chief interpreter of the constitution is also noted and should be emphasized in any class discussion of
the enforcement of rights under the Charter. On this point, the doctrine of judicial review should be
explained to illustrate how the rights of both governments and individuals set out in the constitution may
be enforced. As an approach to teaching this part of the chapter, a systematic examination of the
fundamental rights and freedoms may be made with the class requested to provide a fact situation related
to a freedom or right, and then have the class speculate as to how the Charter might be interpreted by the
court as it relates to the matter. With each fundamental right or freedom it is important to emphasize that
Law
12th Canadian
Edition Willes 2024/2025
Contemporary Canadian Business Law Edition 12 by
Willes
, ACCESS Test Bank for Contemporary Canadian Business Law
12th Canadian
Edition Willes
Chapter Topics
Learning the Law
The Legal Environment of Business
The Nature of Law
The Rise of the Courts and the Common Law
The Sources and Components of Modern Canadian Law
The Constitutional Foundations of Canadian Law
The Canadian Charter of Rights and Freedoms
Case Problems for Discussion
CHAPTER 1. THE LAW AND THE LEGAL SYSTEM
Rights versus Privileges
The Role of Law
The Early Development of Law
Classification of Laws
Summary
Key Terms
Review Questions
Mini-Case Problems
© 2020 Copyright by McGraw-Hill Limited ii mynursytest.store
, ACCESS Test Bank for Contemporary Canadian Business Law
12th Canadian
Edition Willes
Chapter Objectives
The rights and obligations of businesses and business persons stem from the law and our legal system.
After study of this chapter, students should be able to:
• Describe the sources, role and development of Canadian law.
© 2020 Copyright by McGraw-Hill Limited iii mynursytest.store
, ACCESS Test Bank for Contemporary Canadian Business Law
12th Canadian
Edition Willes
• Distinguish between statute and Common Law, and describe the significance of
stare decisis.
• Recognize matters of federal versus provincial jurisdiction.
• Describe the fundamental rights and freedoms set out in the Charter of Rights and
Freedoms.
CHAPTER COMMENTARY
Chapter 1 is introductory in nature, and provides a general background concerning the nature of law, how
laws developed, the general need for some rules to govern the behaviour of individuals, and the
establishment of the various fundamental rights and duties of persons in society.
In class discussion, special emphasis should be placed upon both the sources of law and the classification of
laws in order that students may have a clear idea of what they are and where they may be found. Many
students fail to realize that the Common Law represents a large body of law, and the scope and application
of this source of law should be emphasized in class discussion of the chapter. The text description of the
development of the law and the rise of the courts is intended to be read as a historical introduction to give
students an appreciation of where our laws came from, and how they were developed. In the context of
the courts and the law, the doctrine of stare decisis should be noted, and its purpose and application
discussed with emphasis on the need for "predictability" in the application of the law to cases that come
before the courts. It would be worthwhile to note as well that some judges of the Supreme Court of Canada
have expressed the view that they, as judges of the highest court in the land, do not consider themselves
bound by the doctrine, but would only change a common law rule where it had become inappropriate in a
modern social setting.
Chapter 1 also provides a general outline of the nature of a constitution and its function in a democratic
society. Reference is made to the "constitution" of the United Kingdom and the constitution of the United
States as a basis for discussion of, and comparison with, the Canadian Constitution. The role of the courts as
the chief interpreter of the constitution is also noted and should be emphasized in any class discussion of
the enforcement of rights under the Charter. On this point, the doctrine of judicial review should be
explained to illustrate how the rights of both governments and individuals set out in the constitution may
be enforced. As an approach to teaching this part of the chapter, a systematic examination of the
fundamental rights and freedoms may be made with the class requested to provide a fact situation related
to a freedom or right, and then have the class speculate as to how the Charter might be interpreted by the
court as it relates to the matter. With each fundamental right or freedom it is important to emphasize that
