Yates: Legal Fundamentals for Canadian Business, 3e
Chapter 1: The Canadian Legal System
1) Why is law important?
Answer:
Business activities involve significant human interaction. Our business relationships involve important rights, responsibilities, and obligations. These take the form of legal rules, so it's important to understand law as we participate in business.
Feedback: Business activities involve significant human interaction. Our business relationships involve important rights, responsibilities, and obligations. These take the form of legal rules, so it's important to understand law as we participate in business.
Diff: 1
Type: ES
Page Reference: 2a
Skill: Applied
2) Identify five ways in which companies can reduce legal risks in business transactions.
Answer:
Students may identify any number of options available to businesses. Some that they might suggest include these risk-avoidance strategies and practices:
1.Know enough about the law to be able to avoid legal problems.
2.Know when legal advice is needed.
3.Recognize legal risks associated with physical facilities.
4.Prepare contracts with an anticipation of all possible eventualities.
5.Include alternate dispute resolution options in contracts.
6.Protect intellectual property.
Feedback: Students may identify any number of options available to businesses. Some that they might suggest include these risk-avoidance strategies and practices:
1.Know enough about the law to be able to avoid legal problems.
2.Know when legal advice is needed.
3.Recognize legal risks associated with physical facilities.
4.Prepare contracts with an anticipation of all possible eventualities.
5.Include alternate dispute resolution options in contracts.
6.Protect intellectual property.
Diff: 2
Type: ES
Page Reference: 2b
Skill: Applied
3) When a client consults with a lawyer, the lawyer provides instruction and direction as to what to do.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 2c
Skill: Applied
4) Risk avoidance involves anticipation of what can go wrong and taking steps to avoid that eventuality.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 2d
Skill: Recall
5) Which of the following is the most usable definition of law?
a. It is most useful to us to define law in terms of what we think people ought to do.
b. We must define law in terms of what people used to do.
c. We must define law in terms of what the courts or other agents of government will enforce.
d. We must define law in terms of what society needs people to do.
e. It is most useful to us to define law in terms of what people do.
Answer: c
Diff: 1
Type: MC
Page Reference: 3a
Skill: Recall
6) Law and morality are the same thing.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 3b
Skill: Applied
7) Substantive law is concerned with how legal institutions work.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 3c
Skill: Recall
8) Which of the following statements with regard to the characteristics of civil and criminal actions is true?
a. The person who begins a civil action is usually called the prosecutor.
b. A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.
c. If a person is convicted of a criminal offence, he or she cannot also be sued in a civil action by the victim.
d. In a criminal case, an individual person is taking the action against the accused.
e. The prosecutor must prove his or her case based "upon a balance of probabilities."
Answer: b
Diff: 2
Type: MC
Page Reference: 3d, 17d, 22b
Skill: Recall
9) Distinguish between a criminal trial and a civil trial.
Answer:
A criminal trial involves a prosecutor acting on behalf of the state, prosecuting an accused to the end that that person will be punished for his offence against the state. The status of the victim is as a witness. In a civil action (often referred as a private action), one person is suing another to the end that the court will award compensation for injury suffered or some other remedy requested by the plaintiff. The standard proof is also different in a criminal action, where the matter must be proved beyond a reasonable doubt, while in a civil action the standard is upon the balance of probabilities.
Feedback: A criminal trial involves a prosecutor acting on behalf of the state, prosecuting an accused to the end that that person will be punished for his offence against the state. The status of the victim is as a witness. In a civil action (often referred as a private action), one person is suing another to the end that the court will award compensation for injury suffered or some other remedy requested by the plaintiff. The standard proof is also different in a criminal action, where the matter must be proved beyond a reasonable doubt, while in a civil action the standard is upon the balance of probabilities.
Diff: 3
Type: ES
Page Reference: 3e, 21c, 30c, f
Skill: Applied
10) Who brings a civil action?
Answer: The plaintiff
Feedback: The plaintiff
Diff: 1
Type: FIB
Page Reference: 3f
Skill: Recall
11) Who are the parties in a civil action?
Answer: Plaintiff and defendant
Feedback: Plaintiff and defendant
Diff: 1
Type: FIB
Page Reference: 3g
Skill: Recall
12) Which of the following is incorrect regarding roles played in legal cases?
a. In a civil action, the person suing is the plaintiff.
b. In a civil action, the person being sued is the defendant.
c. In an appeal, the person filing the appeal is the appellant.
d. In a civil case, the appellant is the same as the defendant, but he or she is now in the appeals process.
e. In a criminal case, the victim is likely to have the status of a witness.
Answer: d
Diff: 2
Type: MC
Page Reference: 3h, 30e
Skill: Recall
13) Identify the parties and their roles in a civil action.
Answer:
The person who is suing is the plaintiff and the person being sued is the defendant. If one party is dissatisfied with the outcome of the case and decides to appeal the decision, the one who files the appeal is the appellant and the other party is the respondent. Note that the appellant can be either the former plaintiff or the former defendant.
Feedback: The person who is suing is the plaintiff and the person being sued is the defendant. If one party is dissatisfied with the outcome of the case and decides to appeal the decision, the one who files the appeal is the appellant and the other party is the respondent. Note that the appellant can be either the former plaintiff or the former defendant.
Diff: 2
Type: ES
Page Reference: 3i
Skill: Recall
14) A person has the right to appeal a decision in a civil court.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 3j
Skill: Recall
15) The appellant may be either the plaintiff or the defendant.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 3k
Skill: Recall
16) A criminal matter is usually offensive conduct considered serious enough for the government to get involved and punish the wrongdoer.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 3l
Skill: Recall
17) What role does the civil code system of law play in Canada?
Answer:
Quebec uses a civil code for areas that fall under its jurisdiction.
Feedback: Quebec uses a civil code for areas that fall under its jurisdiction.
Diff: 1
Type: ES
Page Reference: 4a
Skill: Applied
18) Which province in Canada continues to use a civil code system of law?
Answer:
Quebec
Feedback: Quebec
Diff: 1
Type: FIB
Page Reference: 4b
Skill: Recall
19) Civil law is based on a codified system.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 4c
Skill: Recall
20) Which of the following is correct with respect to the civil law system?
a. Quebec and New Brunswick use a system based on the French Civil Code.
b. The Civil Code as used in Quebec covers private disputes between individuals.
c. The code is persuasive only and the judges are free to disregard it where the situation warrants.
d. The system used in Quebec is based on Justinian's code rather than the Napoleonic Code.
e. The Civil Code governs all legal matters arising in Quebec, including criminal actions.
Answer: b
Diff: 2
Type: MC
Page Reference: 4d
Skill: Recall
21) If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury, the judge would rely on precedent cases to determine the outcome of the case.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 4e
Skill: Applied
22) Explain what role precedent plays in the civil code system of law.
Answer:
Prior judges' decisions are merely persuasive, not binding; the Code is binding.
Feedback: Prior judges' decisions are merely persuasive, not binding; the Code is binding.
Diff: 1
Type: ES
Page Reference: 4f
Skill: Applied
23) At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the following statements that he made is correct?
a. Today, we are governed only by statutes passed by our elected representatives.
b. All of the provinces follow law that stemmed from the English common law.
c. With the creation of our court system, the equitable tradition was lost. Today, a judge of our superior court does not apply principles or remedies developed by the courts of equity.
d. Judge-made law in England came from two traditions, civil law and parliamentary supremacy.
e. The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law.
Answer: e
Diff: 2
Type: MC
Page Reference: 4g
Skill: Recall
24) Judges in a common law system base their decisions on other judges' decisions.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 4h
Skill: Recall
25) (Modify this question for your province.) Which of the following is false with respect to our court system?
a. The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies.
b. The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it.
c. There is no monetary limitation on the B.C. Supreme Court (i.e., the case may involve any amount of money).
d. A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division.
e. A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case.
Answer: e
Diff: 2
Type: MC
Page Reference: 4i
Skill: Recall
26) A British Columbia judge is required to follow the decisions of a higher court in Alberta.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 4j
Skill: Recall
27) In the common law system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 4k
Skill: Recall
28) Common law judges in Canada often look to decisions from other, similar judicial systems, including Great Britain, the United States, Australia, and New Zealand; these decisions are not binding, although they can be persuasive on Canadian courts.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 4l
Skill: Recall
29) The custom of following already decided cases is called:
a. Substantive law
b. Procedural law
c. Res judicata
d. Stare decisis
e. Civil law system
Answer: d
Diff: 1
Type: MC
Page Reference: 4m
Skill: Recall
30) Which of the following statements is correct with respect to the sources of our law?
a. The Courts of Chancery developed the law of contracts.
b. Equity is a system of law developed by the provincial legislatures.
c. The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system.
d. The only province in which a judge is required to follow a comprehensive civil code is Ontario.
e. The common law derived aspects of the law of families and estates from the French Civil Code.
Answer: c
Diff: 1
Type: MC
Page Reference: 4n
Skill: Recall
31) Which of the following is correct with respect to stare decisis in the common law?
a. Statutes play the same role as the code used in the French system.
b. It prevents a higher court from overruling a lower one.
c. It is based on trial by battle and trial by ordeal.
d. This term refers to the role played by the law of equity in our system.
e. It allows decisions of the courts to be set by precedent.
Answer: e
Diff: 2
Type: MC
Page Reference: 4o
Skill: Recall
32) Stare decisis is the Latin term for following the code.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 4p
Skill: Recall
33) Explain what is meant by stare decisis.
Answer:
This is the foundation of the common law system whereby one judge's decision must be followed by another. This system involves a complex set of rules to determine which precedent must be followed. Basically, a decision in a case involving the same legal issue decided in a higher court in the same jurisdiction is a binding precedent that must be followed.
Feedback: This is the foundation of the common law system whereby one judge's decision must be followed by another. This system involves a complex set of rules to determine which precedent must be followed. Basically, a decision in a case involving the same legal issue decided in a higher court in the same jurisdiction is a binding precedent that must be followed.
Diff: 2
Type: ES
Page Reference: 4q
Skill: Recall
34) The common law courts as developed by the king of England were used to impose the will of the sovereign on the people.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 5a
Skill: Recall
35) Which of the following was not one of the factors that led to the creation of the law of equity?
a. The need for a supplement to the common law
b. The adherence to precedent
c. The outcome in the common law courts was unpredictable
d. Stare decisis
e. Rigidity in the common law courts
Answer: c
Diff: 2
Type: MC
Page Reference: 5b
Skill: Recall
36) Explain why the law of equity developed.
Answer:
Because of the inequity and harshness of the common law, people seeking unique remedies would petition the king for relief. Since, in theory, the king was the source of all power for all courts, he had the power to make orders overcoming individual injustices caused by the shortcomings of the common law courts. This task was soon assigned to others and eventually developed into a separate body known as the Court of Equity. The body of law that developed was equity, and so it can be said that equity developed to supplement the common law because of the inadequacy and rigidity of the common law.
Feedback: Because of the inequity and harshness of the common law, people seeking unique remedies would petition the king for relief. Since, in theory, the king was the source of all power for all courts, he had the power to make orders overcoming individual injustices caused by the shortcomings of the common law courts. This task was soon assigned to others and eventually developed into a separate body known as the Court of Equity. The body of law that developed was equity, and so it can be said that equity developed to supplement the common law because of the inadequacy and rigidity of the common law.
Diff: 2
Type: ES
Page Reference: 5c
Skill: Recall
37) Although the Court of Chancery and common law courts were merged, the bodies of law remain separate today.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 6a
Skill: Recall
38) "The term equity refers to fairness in our legal system." Discuss the accuracy of this statement.
Answer:
Equity is that body of law developed by the Court of Chancery and may or may not be considered fair by today's standards. In the 19th century, the Court of Chancery and common law courts were merged into one court system, but it must be emphasized that the bodies of law developed (that is, common law and equity) remain separate and distinct bodies of law.
Feedback: Equity is that body of law developed by the Court of Chancery and may or may not be considered fair by today's standards. In the 19th century, the Court of Chancery and common law courts were merged into one court system, but it must be emphasized that the bodies of law developed (that is, common law and equity) remain separate and distinct bodies of law.
Diff: 2
Type: ES
Page Reference: 6b
Skill: Applied
39) Which of the following is correct with respect to the law of equity?
a. Equity means fairness in our legal system.
b. Equity refers to the body of law created by the Court of Chancery.
c. The Court of Equity was essentially a common law court.
d. Equity no longer exists; the courts were merged.
e. Equity refers to the amount still owing on a debt.
Answer: b
Diff: 2
Type: MC
Page Reference: 6c
Skill: Recall
40) The law of equity was developed in the Court of Chancery.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Page Reference: 6d
Skill: Recall
41) The body of law developed by the Court of Chancery is called ______.
Answer: Equity
Feedback:
Diff: 1
Type: FIB
Page Reference: 6e
Skill: Recall
42) The law of equity was developed by ______.
Answer:
The Court of Chancery
Feedback: The Court of Chancery
Diff: 1
Type: FIB
Page Reference: 6f
Skill: Recall
43) Civil law is also known as judge-made law.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Page Reference: 6g
Skill: Recall
44) Which of the following is incorrect regarding the development of common law in Canada?
a. Canon law (church law) influenced the development of common law in relation to the laws of wills and estates.
b. Common law was developed by the Court of Chancery.
c. Roman law influenced the development of common law in relation to property law.