BUSINESS LAW FOR GBM

PRACTICE QUESTIONS

1/ Read in order as representing from the lowest to the highest court, which of the following most accurately

reflects the hierarchy of courts in Ontario?

A) Superior Court of Justice, Ontario Court of Justice, Ontario Court of Appeal, Supreme Court of Canada

B) Superior Court of Justice, Ontario Court of Justice, Federal Court of Appeal, Supreme Court of Canada

C) Ontario Court of Justice, Federal Court, Federal Court of Appeal, Superior Court of Justice, Supreme Court

of Canada

D) Ontario Court of Justice, Superior Court of Justice, Ontario Court of Appeal, Supreme Court of Canada

E) Federal Court, Superior Court of Justice, Ontario Court of Appeal, Ontario Court of Justice, Supreme Court

of Canada.

2/ The powers under the Charter of Rights and Freedom provides that:

A) For a government to successfully rely on Section 1 of the Charter in a case where legislation is challenged

as being unconstitutional, all that is required to be shown is that the law is in the best interests of society.

B) For a government to successfully rely on Section 1 of the Charter in a case where legislation is challenged

as being unconstitutional, all that is required to be shown is that the law is reasonable and fair to the

majority

C) For a government to successfully rely on Section 1 of the Charter in a case where legislation is challenged

as being unconstitutional, all that is required to be shown is that the law is not in violation of 80% of the

population.

D) None of the above

3/ Over which of the following subjects does the Federal Government not have jurisdiction?

A) Unemployment insurance

B) Criminal law

C) The regulation of trade and commerce

D) The postal service

E) It has jurisdiction over all of the above

4/ Which of the following best describes a trial court?

A) The judge hears evidence given by live witnesses. It is a court of first instance in that the judge makes the

decision/findings of the fact and law for the first time.

B) The judge(s) will use the paper evidence/transcript to determine the outcome of the case.

C) The judges will hear submissions from the lower courts in order to reach a decision.

D) The lawyers and the judges will always rely on the presentation of the transcription sent up from the lower

Court

5/ Which of the following are all examples of Alternate Dispute Resolutions (ADR)

A) Mediation, arbitration, statement of claim and garnishment

B) Arbitration, statement of defence, conciliation and mediation

C) Arbitration, mediation, conciliation, and negotiation

D) Arbitration, mediation, litigation, and negotiation

6/ Which of the following are components of a legal risk-management plan?

A) Operations, finance, human resources, research and developments, marketing and promotions, and

technology

B) The laws that govern your business, the activities that place your business at risk, and proactive and

reactive plans to eliminate or reduce the risks

C) policy statement; documentation such as contracts, letters, and manuals that support the policy

statement; training; monitoring and evaluation; review and revision of policies and procedures; insurance;

and procedures in the event of an accident or emergency

D) common law; statutory law; municipal bylaws; and the constitution; including the Charter

7/ Small Claims Court cases differ from those in the trial division of the Superior Court in the following ways:

A) There is a limit on the amount of money you can sue for in the Small Claims Court.

B) Proceedings in the trial division of the Superior Court are quicker and cheap than in the Small Claims

Court.

C) There is no discovery process in the Small Claims Court

D) The rules of evidence are more relaxed in the Small Claims Court than in the trial division of the Superior

Court.

E) Both a and d are correct

8/ What is the name given to laws passed by a government?

A) common law

B) stare decisis

C) equity law

D) statute law

E) canon law

9/ In which of the following scenarios would the doctrine of binding precedent not apply:

A) The Court of Appeal of Prince Edward Island is hearing a case with similar facts and points of laws to a

case already decided by the Supreme Court of Canada.

B) A judge of the Superior Court of Justice of Ontario is hearing a case with similar facts and points of law to

a case already decided by the Court of Appeal of Ontario

C) The Court of Appeal of Manitoba is hearing a case with similar facts and points of law to a case already

decided by a judge of the Supreme Court of Canada

D) The Court of Appeal of British Columbia is hearing a case with similar facts and points of law to a case

already decided by a judge in the Superior Court of British Columbia.

E) It would apply in all of the above cases.

10/ Which of the following statements is true of appeals in the Canadian court system?

A) The parties are often allowed to challenge findings of fact made by a trial court

B) An appeal against the decision of a trial court of a province can be filed in the court of appeal of any other

province

C) Appeals are based on matters of law

D) Appeal court judges do not normally have the power to reverse the decision of a lower court

E) All of the above

11/ If a provincial legislature passes a law prohibiting all forms of advertising by alcohol companies, which of

the following statements would be most accurate:

A) The law would likely be deemed unconstitutional

B) The law would be ultra vires under the powers of the provincial legislature

C) The law would violate a right protected by the Charter but would be justifiable under Section 1 of the Charter.

D) The law will not violate any right protected by the Charter

E) None of the above

12/ Which statement is most accurate?

A) Precedent is legally binding on all courts based on the principle of stare decisis

B) Precedents are often codified into statute by the legislature

C) Where there is a conflict between common law and statute, the statute prevails

D) All statutes must be supported by regulations, whereas regulations are rarely found in

the common law

13/ What does the division of powers found within Canada's constitution dictate?

A) which powers are statutory and which are derived from the common law

B). which powers are territorial, provincial, and municipal

C) which powers are provided to Quebec through the civil law and to the rest of Canada

through the common law

D) which powers are federal and which powers are exclusively provincial

14/ Which of the following best describes the protections offered by the Canadian Charter of

Rights and Freedoms?

A) freedom from discrimination and harassment in the workplace and at school

B) freedom from unreasonable government interference with respect to rights and

freedoms such as equality, religion, and expression

C) inalienable rights and freedoms, including the right to equality, the right to religion, and

the freedom to express opinions

D) the right to sue on the basis of any violations described in a, b, or c

15/ Which definition or definitions best describe "the rule of law"?

A) Everyone has equal rights before the law, and nobody is above the law, including

government

B) The wealthy and educated are more likely to benefit from the law than the poor and

uneducated, and all societies are ruled by law

C) Punishment for breaking the law is imposed according to rules of conduct

D) All of the above

16/ Federal law-making powers are set out in

A) Section 92 of the Constitution Act, 1867.

B) Section 92 of the Canada Act, 1982

C) Section 91 of the Constitution Act, 1867.

D) Section 91 of the Canada Act, 1982

17/ According to the division of powers, provincial governments have law-making jurisdiction

over

A) banking.

B) broadcasting.

C) postal service.

D) none of the above

18/ Which of the following are sources of law?

A) Common law (or case law); Statutes (both federal and provincial)

B) Constitution (including the Charter of Rights); Bylaws (passed by municipal councils)

C) Legislation (both federal and provincial); doctrine of judicial precedent.

D) Common law (or case law); pleadings; garnishment

E) Both A and B above

19/ Gordon wanted to apply for a job answering the phones at a local Toronto real estate company's

call centre, but the job advertisement said that the company would only interview applicants who

possessed a valid driver's license. Gordon was great on the phone but his physical disability

prevented him from having a driver's license.

How would this be classified?

A)Private

B)Public

C)Criminal

D)Administrative

20/ In relation to the scenario in 19/ above. Identify which of the following Acts Gordon will use to

challenge this:

A) The Charter of Rights and Freedoms

B)Ontario Human Rights Code

C) Canada Humans Rights Act

D) Constitution Act 1867

21/ Marco is angry because Quebec legislature passed a law stating that people over the age of 33

years would be required to pay double provincial taxes, more than those younger than 33 years.

How would this be classified?

A)Public law

B)Private law

C)Criminal law

D) Administrative law

22/ In relation to 21/ above which of the following Acts would Marco use to challenge this:

A)The Charter of Rights and Freedoms

B)Quebec Human Rights law

C) Canada Human Rights Act

D)Constitution Act 1867

23/ Craig has been charged with drug trafficking and is due to appear in court, his lawyer

has explained that the prosecution will have the job of proving his case as follows:

A) On a balance of probabilities, which is more likely than not, therefore 51% will suffice

B) Beyond reasonable doubt, which means they have to demonstrate almost 100%

certainty

C) Beyond reasonable doubt, which means they have to demonstrate that 51% will

suffice

D) Beyond reasonable doubt, which means they have to demonstrate that 65% will

Suffice

24/ Which of the following is not a pleading

A) Statement of claim

B) Statement of defence

C) Pre-trial

D) Statement of counter-claim

E) Third party claim

25/ Roberto has judgment against Peter. Which of the following is/are remedies for enforcement of

this judgment?

A) Garnishment

B) Statement of defence

C) Statement of claim

D) All of the above

26/ Anya a law student has asked for your help in defining damages

A) This is harm caused to the defendant by the plaintiff

B)This is a compensatory award that the plaintiff is trying to claim from the defendant

C) This enforcing a judgment against defendant who has been sued

D) This is agreeing to accept the judgment of the trial court in a civil case

27/ In which year was the Canadian constitution amended, and for what reason(s)?

A )1982: to incorporate the British North American Act(giving the power back to Canada)

and the Charter of Rights and Freedom

B)1982: to repeal previous constitutional statutes and recognize the new territories of

Canada

C)1972: to gain full independence from Europe in passing legislation without the need for

authorization

D)1986: to incorporate the S91(29) Residual Powers section not clarified under the CA

1867.

28/ Of the following, which would be classified as intentional torts

a. Negotiation, mediation, arbitration and conciliation

b. Defamation, false imprisonment, assault and battery

c. Occupier's liability, nuisance, and trespass to land

d. Compensatory damages, injunction, specific performance

29/ Which of the following are unintentional Torts.

(a) Negligence, nuisance and occupier's liability

(b) Defamation, false imprisonment, assault and battery

(c) Employment Law, contract law and business organization

(d) Arbitration, mediation, negotiation and conciliation

30/ Which of the following statements is correct with respect to tort law?

A) An act must be intentional to be classified as a tort

B) A wrongful act can be both a crime and a tort

C) The main purpose of tort law is to punish a tortfeasor

D) The main purpose of tort law is to deter crime