BLaw Chp 1

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10. Provided that a legislature acts in accordance with the Constitution, it can override the common law by using clear language in a statute.

True

12. Canadian courts are empowered to strike down any law that violates the Charter of Rights and Freedoms.

True

14. Provincial governments create municipalities and pass statutes that delegate specific powers to the municipal council.

True

15. Administrative agencies may be called tribunals, boards, or commissions.

True

2. The rule of law means that government officials must obey the law

True

6. Lawyers are advisers, but they do not make business decisions.

True

7. To achieve predictability, our common-law system requires courts to make decisions in accordance with precedent.

True

9. Unlike the judiciary, legislatures are the elected arms of government and are accountable to voters

True

17. Nobody is above the law, including government officials, judges, and the government itself according to a. the rule of law. b. the common law. c. the Constitution. d. the Charter.

A

20. Statute law is created through a. legislation. b. court decisions. c. precedence. d. regulations.

A

25. Judicial review is a process in which a superior court reviews a. a decision of an administrative tribunal. b. the provisions of a statute. c. the procedural fairness of a court's proceedings. d. the scope of an administrative law.

A

26. __________ law governs agreements between businesses and between businesses and their customers or clients. a. Contract b. Tort c. Property d. Business organization

A

16. The law does not a. seek to facilitate productive relationships between business. b. remain unchanging over time. c. seek to resolve disputes peacefully. d. promote certainty and predictability in business.

B

18. To achieve predictability in Canada's legal system, _________ requires courts to make decisions in accordance with precedent. a. regulatory law b. common law c. statute law d. administrative law

B

23. The main functions of administrative agencies do not include a. regulatory functions. b. judicial functions. c. advisory functions. d. operational functions.

B

24. In an administrative tribunal a. the decision-maker is a judge. b. the decision-maker is a specialist in a particular field. c. strict rules require the tribunal to follow precedents established in previous cases. d. the rules of evidence are as strict as those in a court.

B

27. __________ law imposes a duty on businesses to take care of customers, clients, and employees, and to keep them safe from injury while they are in contact with company personnel or company property. a. Contract b. Tort c. Property d. Criminal

B

19. The principle of _________ requires judges to follow the decisions that judges have made in similar cases. a. common law b. paramountcy c. precedence d. stare decisis

D

21. _________ affect businesses most commonly through licensing, permits, zoning, and taxation requirements. a. Statutes b. Regulations c. Common law d. Municipal bylaws

D

22. Administrative law incorporates _________ as a source of law. a. statutes b. common law c. municipal bylaws d. all of the above

D

1. The only purpose of law is to resolve disputes peacefully.

False

11. Like statutes, regulations must be approved and passed by the legislature.

False

13. The Charter ensures that the majority rules, and therefore strengthens the central principle of democracy.

False

3. Businesses often include a provision in their contracts that the contract is to be interpreted according to the "rule of law."

False

4. Solicitor-client privilege does not apply when the client is a corporation.

False

5. Once a good legal risk management plan is in place, a business should not need further legal advice.

False

8. Precedent is codified law, passed by the legislature

False


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