1. What do we mean when we say that the two levels of government have concurrent powers and how does it apply to the federal system of government in Canada?

1. There are five distinct steps in developing a legal risk management plan. List these steps.
2. The rule of stare decisis is the basis of the common law system. Why, however, can it not be an absolute rule?

1. Criminal law and tort law focus on different persons when a tort or crime is committed. Explain.

1. What is the difference between negligent misrepresentation and fraudulent misrepresentation?

Part 2 - Application

The following questions are to assess your application of the concepts to practice based scenarios. Each question is worth 3 marks.

1. Cheri met her friend Julie at an ice cream stand near the beach. They both ordered a hot fudge sundae. Cheri watched Charles, an employee, scoop the ice cream out of a large tub. Suddenly a gold chain worn by Charles fell into the tub of ice cream. Charles did not notice and proceeded to complete the order. He handed Cheri her sundae, but she could not eat it. She went on to develop a serious mental disorder, including anxiety, that her doctor told her was caused by the incident. Will Cheri succeed in her action for damages and what relevant principles of law relating to causation apply?
2. Troy wants desperately to help his sister win her custody case against her ex-husband Lawrence and is prepared to "do anything" including lie. As a result, Troy tells the police that he saw Lawrence strike one of the children with closed fist causing bruising to the child's face. Lawrence is arrested and charged with assault. The criminal defense lawyer retained by Lawrence proves that Troy was lying at the time he made the report to the police. What if anything can Lawrence do to recover civil damages against Troy after the criminal charges are dismissed?

1. A lawyer was retained by a client to defend him on criminal charges. Prior to the trial, the lawyer became aware that the client was in possession of a rare stamp collection. The lawyer was a stamp collector. The lawyer offered to buy the stamp collection for an amount that was less than fair market value. The client agreed and sold the collection. Has the lawyer breached any obligations owed to the client and if so which obligations?

Part 3 - Critical Thinking

The following question is to assess your understanding of the broad strokes of the unit material. Answer the questions posed fully, using the material covered as well as your own analysis. It is worth 6 marks.

1. Uber is an extremely popular form of transportation. Many users are not concerned with the fact that Uber initially failed to comply with numerous laws.

Where the public stands to benefit significantly, should a corporate entity be able to disregard existing laws if they are too expensive or onerous with which to comply?

How does this correspond with the long-held idea that social policy should influence judicial decision-making and legislative intervention in law?