GOVT 407 TEST BANK CHAPTER 1 FUNDAMENTAL RIGHTS Critical Concepts of Canadian Business Law 6 th Ed. Weir/Smyth

GOVT 407 TEST BANK CHAPTER 1 FUNDAMENTAL RIGHTS Critical Concepts of Canadian Business Law 6 th Ed. Weir/Smyth1 TEST BANK CHAPTER 1 FUNDAMENTAL RIGHTS Critical Concepts of Canadian Business Law 6 th Ed. Weir/Smyth MULTIPLE CHOICE QUESTIONS 1) Over which of the following subjects does the federal government NOT have jurisdiction? A) the regulation of trade and commerce B) criminal law C) education D) the postal service E) unemployment insurance 2) The federal government has passed a law providing for new greenhouse gas emission standards for all industries across Canada. The stated reason for the law is the need to protect the environment. In passing the law, under which of the following powers of the federal government was the law likely passed? A) regulation of trade and commerce B) national security C) criminal law D) peace order and good government of Canada E) the federal government does not have the power to pass the law 3) Which of the following statements is FALSE? The federal government could make a new law that A) sets age 17 as the age you can first get a driver’s license in Canada B) puts an extra 5% tax on people who earn more than $300,000 per year C) increases the maximum penalty for terrorism to life in prison with no parole for 30 years D) taxes the import of certain chemicals entering Canada from foreign countries E) requires immigrants to pass a language test before they can become citizens 4) If the Ontario government passed a new sexual offences law. Which of the following statements best describes this law? The law A) was validly passed pursuant to section 91 of the Constitution Act B) is ultra vires the powers of the Ontario government C) was validly passed pursuant to section 92 of the Constitution Act D) can exist along with the Criminal Code E) is only valid if all other provinces adopted a similar law 5) In which of the following circumstances would the Charter of Rights NOT apply? 2 A) The federal government passed a law which provides for unequal rates of pay for men and women B) The federal government passed a law making it an offence to criticize the Prime Minister C) Alberta passes a law that prevents atheists from complaining they have been discriminated against because of their belief D) A restaurant in Toronto refuses to serve men under age 21 E) Ontario passes a law that prevents transgendered people from getting married 6) Which of the following laws would NOT be within the jurisdiction of a provincial government? A law A) regulating overtime work B) requiring grade 12 math for high school graduation C) requiring seniors who make more than $80,000 to pay for their own drugs D) creating toll roads on major highways in the province E) All of these laws are within provincial jurisdiction . 7) Which of the following statements is FALSE? The Charter of Rights and Freedoms A) requires that all court cases have to go to trial within a reasonable time B) only applies to the actions of the government or a government agency C) states Canadians have the right to work anywhere in Canada D) protects peoples’ and companies’ rights to freedom of expression E) has had more impact on criminal law than corporate law 8) The federal government has just passed a law which makes it an offence for anyone to publicly declare that there is no God. The stated purpose of the law is to ensure that Canada remains a Christian oriented society. Which of the following statements best describes the correct legal position? A) The law cannot be justified under section 1 of the Charter unless there are reasonable criminal penalties for a violation B) The law violates section 2 of the Charter but can be justified under section 1. C) The law cannot be justified under section 1 because the objective of the law is not reasonable D) The law can be legal if all provinces also agree to it E) The law does not violate any provision of the Charter 3 9) Which of the following is a relevant consideration in determining whether a government can successfully rely on section 1 of the Charter? A) that the law was passed by the government in good faith B) that the law is just C) that the law will be of some benefit to society D) that the penalties for which the law provides are reasonable E) that the law is needed to address a matter of pressing and substantial concern 10) In which of the following scenarios would provincial human rights legislation NOT apply? A) a person denied membership at a fitness club because they are bi-sexual B) a person fired from a job at The Bay due to their religion C) a person denied an apartment by a landlord because of their nationality D) a person denied Canada Employment Insurance because of their disability E) The provincial Human Rights Code would apply in all situations 11) In accordance with Human Rights Legislation, which of the following questions could an employer ask at a job interview? A) Which political party do you currently support? B) Have you ever been fired from a job? C) Are you planning to start a family in the next year? D) Will you need special days off due to your religion? E) None of these questions should be asked at a job interview? 12) Susan Lue has alleged that the Safe Driver Insurance Company has discriminated against her by charging her higher rates for insurance on the basis that she is unmarried. In accordance with Human Rights Code, which of the following statements is most accurate? The insurance company A) has not committed an act of discrimination against Susan on any prohibited grounds B) will not have infringed the Human Rights Code if it can prove its policies are based on reasonable and bona fide grounds C) committed a prohibited act of discrimination as it is providing a service to the public D) will be deemed not to have infringed the Human Rights Code if it can show that all of its unmarried customers are charged the same rate as Susan E) is allowed to charge different rates for different customers. 13) Which of the following would likely NOT be a bona fide occupational requirement? A requirement that A) all counselors at a women’s rape crisis centre must be female B) all construction workers at a company must wear a safety helmet on a work site C) all Air Canada pilots undergo random alcohol testing D) all high school teachers in a private school are heterosexual not homosexual E) all fire fighters must complete a strength and endurance course in a specified amount of time 4 14) What is the legal test for determining whether harassment has taken place in breach of human rights law? A) The conduct could also result in criminal charges being laid B) The complainant feels offended by the conduct C) A reasonable person would have known that the behaviour was unwelcome D) The conduct consists of sexually suggestive remarks E) The conduct makes the complainant uncomfortable in the workplace 15) If a provincial government tries to pass a law which prohibits all public gatherings. Which of the following statements is TRUE? The law A) is constitutional as a government always has the right to prohibit public gatherings. B) violates a Charter right but will be justifiable under section 1 if the legislature has acted in good faith. C) is constitutional as no provision of the Charter is being violated. D) is constitutional if the legislature has expressly stated that it is being passed under section 33 of the Charter E) is constitutional if the legislature has expressly stated that it is being passed under section 1 of the Charter 16) Which of the following would be considered to be a breach of human rights legislation? A) Paul, a Vice President of a company consistently flirts with Lorraine, another Vice President. B) Jerry, the President of a company, consistently makes sexually suggestive remarks to Janice, a secretary employed to his main supplier C) Michael a supervisor, consistently makes sexually suggestive remarks to Karen a junior employee on his shift. D) Susan, a supervisor in a factory, makes sexually suggestive remarks to Billy another supervisor E) All of the above 17) Which of the following scenarios would be considered to be a breach of human rights law? An employer refuses to A) modify premises to accommodate a recently disabled employee because the cost is more than the business can currently afford B) allow his sole employee not to work on Sundays for religious reasons C) purchase adaptive devices for an employee who has recently lost his sight and fires the employee as a result D) pay for dental implants for an employee who was recently injured in a car accident E) all of the above would be a breach of human rights law 5 18) A powerful corporation starts an expensive lawsuit with no legal basis against a protest group who objects to the pollution the corporation is causing. The corporation knows the protestors cannot afford the legal costs and hopes to silence their criticism. This is an example of a A) Charter challenge B) SLAPP lawsuit C) corporate accommodation D) breach of the Human Rights Code E) harassment under the Charter 19) Which of the following statements is FALSE? The Charter of Rights and Freedoms A) applies primarily to corporate business cases B) can justify the Supreme Court striking down laws an elected government has passed C) protects people from unreasonable search and seizures D) applies to actions of the government and government agencies E) protects people from cruel and unusual punishment 20) Which of the following statements is FALSE? Affirmative action A) often benefits minorities B) is required under the Charter of Rights and Freedoms C) is legal under provincial Human Rights Codes D) permits programs to discriminate now to make up for past discrimination against certain groups E) can permit special hiring policies that may give an advantage to femal applicants 21) The Ontario Ministry of Transportation advertised a job and it say that only women and minorities will be considered for the position. A court would most likely rule this ad is A) illegal and the Ministry has violated the Charter B) illegal and the Ministry has violated the Ontario Human Rights Code C) discriminatory but probably a valid affirmative action program so it is legal under the Charter D) legal as the government can hire whomever it want for any reason E) legal but only if it hires minorities, but illegal if it hires women 22. Which of the following statements is TRUE? A) Provincial governments create common law B) The federal government creates common law C) The courts create common law D) Both the federal and provincial governments create common law E) Courts primarily create statutory law 6 23. John wants to start a bar called “Cool Chicks” and to hire only staff that fit that description. Which of the following is TRUE about his hiring policy? A) John can do what he plans because it is a private business B) The hiring policy may be in violation of the applicable Human Rights Code C) The hiring policy may be in violation of the Charter D) John will be forced to change the name of his bar E) John must hire 50% of its staff that is male 24. The Federal government passed a new law that permits police to stop and search all cars for drugs at random. The next day, Alison was driving down the street in Calgary, Alberta, obeying all traffic laws. The police were pulling over every tenth car and hers was one. The police found marijuana in her glove compartment. She admitted it was hers and was charged with possession. Alison wants to challenge the new law. Which of the following applies? A) the Charter B) the federal Human Rights Act C) the Alberta Human Rights Act D) none of the above because she was really guilty of possession of marijuana 25. Which of the following right(s) is (are) protected by the Charter? A) the right to smoke B) the right to own a gun C) the right to consult a lawyer on being arrested by the police D) the right to operate a motor vehicle E) all of the above 26. To which of the following does provincial human rights legislation apply? A) A provincial act that prohibits paying welfare to anyone who is not a landed immigrant B) An employee of Air Canada who believes she was fired because of her race C) A landlord who refused to rent an apartment to a person because of their race D) An employee of Revenue Canada who was fired because of her frequent religious holidays E) All of the above 27. Criminal lawfalls under the jurisdiction of A) provincial governments B) the federal government C) municipal governments D) civic governments E) the legislatures 7 28. In the term property and civil rights in the Canadian Constitution, “civil rights” refers to A) civil liberties B) fundamental rights and freedoms C) rights under civil law, as opposed to criminal law D) rights of residents of a city E) rights in a civilized society 29. Municipal governments get their law-making authority from A) the federal government B) the provincial governments C) the Constitution D) plebiscites E) zoning regulations 30) If the court states an Act (Statute) is beyond the jurisdiction of a government, it will rule the Act is A) ultra vires B) in violation of the Charter of Rights C) nullius in verba D) staredecisis E) exjuris 31) Over which of the following does the federal government have jurisdiction? A) education B) bankruptcy C) a railroad between Toronto and Ottawa D) the conducting of marriage ceremonies E) wages of nurses and doctors 32) Over which of the following matters does a provincial government have jurisdiction? A) the postal system B) the Criminal Code C) health care D) copyright E) customs duties 8 33) Over which of the following does the federal government have jurisdiction? A) the regulation of trade and commerce B) unemployment insurance (now called employment insurance) C) the law of contract D) both A and B E) all of the above 34) Which level of government, if any, has the constitutional power to create cities? A) the federal B) the provincial C) the municipal D) no level of government – cities are created by a vote of the people of the area E) cities are created by the federal government after a referendum 35) The Constitution of Canada was originally called the British North America Act (“the BNA Act”). This Act was passed by A) the Parliament of Canada. B) the British Parliament. C) the colonies of Ontario, Quebec, Nova Scotia and Prince Edward Island. D) the colonies of Upper and Lower Canada, nova Scotia and Prince Edward Island. E) all the provinces of Canada. 36) Where do the residual powers to deal with matters not specifically listed as being with the jurisdiction of the federal or provincial governments lie? A) with the federal government B) with the provincial government C) with the Federal Court of Canada D) with the Courts of Appeal of the provinces E) with the Federal Court of Appeal 37) The British North America Act was amended in 1982 to accomplish what objectives? A) to allow amendments to the Constitution to be made in Canada rather than by the British Parliament B) to add a Charter of Rights and Freedoms C) to change the existing division of powers between the federal and provincial governments D) to strengthen civil liberties by enshrining them in the Constitution E) All of the above 9 38) What are the qualifications on a government’s power to make laws? A) The laws must be in accordance with the principles of the Charter of Rights and Freedoms. B) The laws must be confirmed by the Supreme Court of Canada. C) The government must be entitled to pass the legislation under the division of powers section of the Constitution. D) Both A and B E) Both A and C 39) To which of the following situations does the Charter apply? A) an act of sexual harassment by one employee against another B) a section of the Criminal Code C) a refusal by an employer to hire an applicant because of her colour D) a landlord who refuses to rent an apartment to a person because of their religion E) all of the above 40) Which of the following actions can a Human Rights tribunal do? A) require a company to re-hire a worker B) require a company to stop a discriminatory practice C) award money to a complainant D) require a company to adopt a special program to cure a problem of systemic discrimination E) all of the above 41) The federal government is planning a law that would make it an offence to make negative remarks about the intelligence of the American President. The government claims that this is necessary at the present time for reasons of national security. If the law were challenged under the Charter of Rights and Freedoms, what would you expect the courts to decide? A) The law is ultra vires federal jurisdiction as speech is a purely local or private matter. B) The law infringes the freedom of thought, opinion, and expression guaranteed by the Charter. C) The law is justified as a reasonable limit in a free and democratic society. D) There is a specific exemption in the Charter for legislation passed for national security reasons. E) Both B and C 42) To which of the following does the Charter of Rights and Freedoms apply? A) a section of the Criminal Code B) a complaint of sexual harassment by an employee of McDonald’s Restaurants Ltd. C) a section of a provincial Education Act D) both A and C E) all of the above 10 43) The Ontario government enacts a law that says in every company that has more than 100 employees, the proportion of women employees must be the same as that in the provincial workforce. Which of the following statements is true? A) This provision is invalid because it violates the Charter. B) The provision is valid because there is a specific exemption in the Charter for affirmative action programs. C) The provision is invalid because it violates the equality provisions of the Ontario Human Rights Code. D) The provision is valid because it is a bona fide occupational requirement. E) Both A and C 44) In the Big M Drug Mart case, which of the following did the Supreme Court decide? A) The Lord’s Day Act was criminal in nature and therefore within the federal government’s powers under the Constitution Act. B) A corporation may challenge a law on the grounds that it infringes the freedom of conscience and religion guaranteed by the Charter, even though a corporation does not have a conscience or practice a religion. C) The Lord’s Day Act, prohibiting doing business on the Christian Sabbath (Sunday), infringes the religious freedom of non-Christians. D) Both A and C E) All of the above 45) Which of the following rights is protected under the Charter? A) to be advised of the right to a lawyer on being arrested. B) freedom of the press C) right to have an interpreter in court proceedings D) citizens right to remain, enter and leave Canada E) all of the above 46) The case of Vriend v. Alberta established A) the right of disabled people to obtain an accommodation B) that a person could not be discriminated against based on their sexual orientation C) the right of an accused person to not be subjected to random searches by police D) the right of refugees to receive a fair hearing E) that unions have the right to strike 47) The purpose of s. 33 of the Charter is to A) permit affirmative action programs even though they may discriminate. B) permit a government to remain in office for more than five years without an election. C) permit such reasonable limits on Charter rights as can be justified in a free and democratic society. D) permit governments to pass laws even though that they infringe rights or freedoms guaranteed by the Charter. E) prohibit governments from passing laws that violate the Charter 11 48) Identify to which of the following situations the Charter applies: A) a law passed by the federal government B) a law passed by the provincial government C) the firing of an employee by an insurance agency due to their religion D) the false arrest of a person by a security guard E) both A and B 49) Which of the following is a protected right under the Charter? A) the right to be tried for an offence within a reasonable time. B) the right to obtain legal aid on being charged with a criminal offence C) the right not to subjected to any cruel and unusual treatment or punishment D) both A and C E) all of the above 50) Which of the following statements is FALSE? A) a BFOR is a valid requirement for the performance of a job that may legally discriminate against certain people B) companies must accommodate disabilities up to a reasonable limit C) a company should not ask female job applicant if she is planning on having children as this is discriminatory D) companies may have to allow workers time off to care for their elderly ill parents E) companies may have to accommodate their workers’ child care needs in certain situations 51) Which of the following laws have been declared invalid by the Supreme Court of Canada on the basis of an infringement of the Charter of Rights and Freedoms? A) the provisions in the Competition Act for issuance of search warrants. B) a law banning all commercial advertising of tobacco products C) the Lord’s Day Act, which prohibited most business transactions on a Sunday D) the provision in the Narcotic Control Act requiring a minimum sentence of seven years’ imprisonment for importing. E) all of the above 52) Ontario’s Employment Equity Act (enacted by the NDP government but subsequently repealed by the Conservative government) required employers to hire so that their workforce reflected visible minority groups proportionately. This legislation did not contravene the Charter because: A) it did not violate any right protected under the Charter B) the Charter did not apply to it because it was a provincial law C) it violated a protected right, but was saved by a specific Charter exemption. D) it violated a protected right, but was saved by section 33 (the notwithstanding clause). E) The Charter did not apply because it applied to private corporations 12 53) To which of the following does provincial human rights legislation apply? A) a provincial Act which prohibits paying welfare to anyone who is not a landed immigrant. B) an employee of Air Canada who was fired because of her race C) an employee of the Bay who was fired because she threatened a sexual harassment complaint against her supervisor. D) an employee of the Bay who was fired for stealing from her employer E) a federal law that can send terrorists back to their country of origin 54) In which of the following circumstances would human rights legislation NOT apply? A) a landlord refuses to rent an apartment to an individual because of that person’s religious affiliation. B) a municipality passes a zoning by-law restricting the issuance of permits for constructing places of worship to three specific religions. C) a corporation dismisses an employee who has requested health care benefits for a partner of the same sex. D) a recreation centre operated by the city refuses to allow a teenaged girl to join the local hockey team. E) a fitness club refuses to let a transgendered person join the club 55) Suppose a railway that carries goods across Canada recently implemented an employment policy not to hire pregnant women to work on the trains. On what grounds could it be challenged if Lara, who is two months pregnant, were to apply for a position with the railway and was not hired because of her pregnancy? A) Discrimination on the basis of sexual orientation under the provincial Human Rights Act. B) Discrimination on the basis of sex under the Canadian Human Rights Act. C) Discrimination on the basis of family status under the Canadian Human Rights Act D) Discrimination on the basis of marital status under the provincial Human Rights Act. E) The policy is beyond the powers of the company to enact. 56) Which of the following questions can be asked on an employment application form in accordance with human rights legislation? A) Would you be willing to relocate to a different city if the job required it? B) What is your age? C) Do you have children? D) Where were you born? E) Do you have any disabilities that could affect your performance of the job? 13 57) Vanguard Metal Work Co. had to reduce staff, so it fired six of its 30 employees. All six were Chinese, the only Chinese employees in the company. The fired workers wish to lay a complaint with the human rights commission. Which statement is correct? A) Each worker must prove an act of discrimination against him to be successful in the complaint. B) The group must prove an act of discrimination against the group as a whole. C) The fact that the only employees fired were also the only Chinese workers in the company can be evidence in itself of discrimination. D) The company has an unrestricted right to fire staff if economic circumstances warrant it. E) The company has so few employees that it would not be a valid situation to claim discrimination 58) Dan Leman is employed by True North Aviation Inc. as a pilot. He appears on the television news as an advocate for legalizing marijuana. His employer learns of this and the next day, without any notice, requires Dan to provide a urine sample to test for drug use or be fired. Dan wants to lay a complaint with the Canadian Human Rights Commission. Which of the following is true? A) Dan cannot succeed under the Canadian Human Rights Act because drug use is not a prohibited ground of discrimination. B) The employer can demand a urine sample in these circumstances, but as the demand was made without notice it was invalid. C) The employer can require a urine sample in these circumstances and need not give notice. D) Even if the employer had not heard of the TV appearance, it could have demanded a urine sample for drug testing. E) Both C and D 59) Which of the following statements correctly describes how sexual orientation originally became a prohibited ground of discrimination under federal human rights legislation? A) It was included as a prohibited ground in the Canadian Human Rights Act as first enacted. B) It was included as a prohibited ground in several provincial Human Rights Acts and Parliament decided to follow suit. C) It was declared to be a prohibited ground by the Canadian Human Rights Commission. D) It was added as a result of a court ruling in a case challenging the legislation as contrary to the Charter of Rights. E) It just happened due to public pressure 60) Which of the following statements correctly describes the effect of the Canadian Human Rights Act? A) Drug addiction is not a prohibited ground of discrimination. B) Disability is defined to include drug addiction. C) Only a current addiction is considered to be a disability. D) Drug addiction can be grounds for firing if abstaining from drugs is a bona fide occupational requirement. E) Both B and D 14 61) Which of the following may use a defence of due diligence to a charge of sexual harassment under the Canadian Human Rights Act? A) The employer B) The employee C) Both A and B D) Neither A nor B E) There is no defence of due diligence under the Canadian Human Rights Act. 62) Ravinder Singh is a Sikh and, in accordance with his religion, wears a turban. He works as a security guard for the Securimax Corporation and their policy requires all security guards must wear a company cap on duty. Ravinder is told that he is suspended until he complies with this policy. Ravinder brings a complaint before the human rights commission of his province. Which of the following statements is correct? A) Ravinder is not being discriminated against on any prohibited ground. B) Securimax is not discriminating against Ravinder since its policy applies to employees of any religion. C) Securimax must make a reasonable effort to accommodate Ravinder’s specific requirements imposed by his religion. D) The requirement of wearing a Securimax cap is a bona fide occupational requirement since otherwise people would not recognize that Ravinder is a security guard. E) This is not a matter within the jurisdiction of a provincial human rights commission since security is a matter within federal jurisdiction. 63) A bona fide occupational requirement is A) something that must be proved by an employee making a human rights complaint. B) a defence to a Charter application. C) an employee’s defence to a Human Rights Act complaint. D) an employer’s defence to a Human Rights Act complaint. E) an example of affirmative action in the workplace 64) Which of the following is the best synonym for bona fide? A) well done B) good faith C) unusual exception D) true value E) bad faith 15 65) Donna Dee was a salesperson with the Acme Anvil Company. Peter Nagy, a fellow salesperson, pressed unwanted sexual advances against her and she laid a complaint of sexual harassment with the appropriate human rights commission against both Nagy and the Acme Co. Which of the following is correct? A) If true, the harassment is possible grounds for dismissal of Nagy. B) Acme Co. cannot be liable because it was unaware of the incident. C) Acme Co. cannot be liable because Nagy was only a junior employee. D) This is not a matter for a human rights complaint, but for a civil action by Donna against Nagy and possible also Acme Co. E) The human rights commission could sentence Nagy to serve jail time 66) The Hydro-Quebec decision of the Supreme Court (p. 26) established the principle that if an employee A) has been discriminated against large punitive damages can be awarded B) is over age 70 they can be terminated C) is an alcoholic they cannot be terminated unless the company offers them rehabilitation assistance first D) had been accommodated many times over many years and there is no reasonably foreseeable time they can return to work their contract can be ended E) consents to sexual advances by a co-worker than they cannot launch a successful claim for sexual harassment 67) Chandra constantly cooked strong smelling curries in her condominium but her neighbours complained of the strong smell and wanted to force her to move out. If Chandra took her case to a human rights tribunal it would most likely rule that A) her cooking is a nuisance and she can be forced to leave B) this is discrimination and she has a right to prepare her ethnic food without the threat of removal C) she can stay but she must pay the legal costs of the condominium board D) she can only cook mild curries E) this is not harassment and she will be forced to move if she continues to cook the curries 68) The Ontario Hockey Association makes a rule that only boys can play on teams in its league. Which of the following would apply to that ruling? A) The Charter B) The Canadian Human Rights Act C) The Ontario Human Rights Code D) The United Nations Covenant on the Rights of Children E) Both A and C 16 69) A dentist learns that a patient has AIDS so he refuses to give the patient a midday appointment and will only give a last of the day appointment. The patient complains that she is being discriminated against contrary to the applicable provisional Human Rights Act. Which of the following statements isTRUE? A) The Act applies because the dentist is offering a service to the public. B) The Act does not apply because this is not an employment or housing situation. C) The complaint will be dismissed because having AIDS is not a grounds for discrimination on the basis of disability. D) The complaint will be dismissed because the dentist’s actions were reasonable and in good faith. E) Both A and D 70. Which of the following would NOT be a type of accommodation a company may be required to make for an employee? A) purchase adaptive technology to assist a disabled worker B) install disabled washrooms C) change the employee’s work hours D) restructure job duties to fit the employee’s special needs E) a company could be required to do any of these actions to accommodate a worker TRUE/FALSE QUESTIONS 1) Provincial legislatures can only validly make laws concerning those matters that the Federal Government allows them to regulate. 2) The Federal Government has power to make laws for the peace order and good government of Canada. 3) Systemic discrimination can occur even if there was no intention to discriminate against a certain group. 4) Under the Constitution Act, the federal government and the Provincial legislatures both have the power to make laws concerning matters of common interest across Canada. 5) The Canadian constitution was “patriated” at the time of Confederation. 17 6) Under the Constitution Act, the provinces have the power to pass laws relating to property and civil rights. 7) Only natural persons can challenge a law as being unconstitutional. 8) The Charter is a part of the supreme law of Canada. 9) A BFOR can justify a company discriminating against workers for a valid reason. 10) SLAPP lawsuits are designed to silence public protests on controversial issues. 11) The Charter of Rights and Freedoms applies in all cases where a person’s human rights have been violated. 12) Laws which violate a fundamental right specified in the Charter will be automatically declared unconstitutional by the Courts. 13) A company must accommodate an employee’s special needs up to the point of undue hardship. 14) Section 33 of the Charter allows a government to pass a law that violates certain sections of the Charter’s rights and freedoms. 15) A corporation may be able to successfully claim that a law that limits its right to advertise violates its right to freedom of expression. 16) There is no provision in the Charter that can ever permit any form of discriminatory policy to be maintained. 17) The Charter applies to all instances of discrimination by a government. 18) An employer will also be held responsible for acts of discrimination committed by an employee even if it was unaware of the employee’s actions. 19) Jokes, gestures or remarks without any physical contact can constitute sexual harassment. 20) Affirmative action allows a company to discriminate against certain groups in its hiring policies under certain circumstances. 18 ANSWERS CHAPTER 1 TEST BANK Critical Concepts of Canadian Business Law 6 th Ed. Weir/Smyth MULTIPLE CHOICE QUESTIONS 1) C 21) C 41) B 61) A 2) A 22) C 42) D 62) C 3) A 23) B 43) B 63) D 4) B 24) A 44) E 64) B 5) D 25) C 45) E 65) A 6) E 26) C 46) B 66) D 7) A 27) B 47) D 67) B 8) C 28) C 48) E 68) C 9) E 29) B 49) D 69) A 10) D 30) A 50) B 70) E 11) B 31) B 51) E 12) D 32) C 52) C 13) D 33) D 53) C 14) B 34) B 54) B 15) E 35) B 55) B 16) E 36) A 56) A 17) D 37) E 57) C 18) B 38) E 58) E 19) A 39) B 59) D 20) B 40) E 60) E TRUE/FALSE QUESTIONS 1) FALSE 11) FALSE 2) TRUE 12) FALSE 3) TRUE 13) TRUE 4) FALSE 14) TRUE 5) FALSE 15) TRUE 6) TRUE 16) FALSE 7) FALSE 17) FALSE 8) TRUE 18) TRUE 9) TRUE 19) TRUE 10) TRUE 20) TRUE 19 1 1 TEST BANK CHAPTER 2 THE CANADIAN COURT SYSTEM Critical Concepts of Canadian Business Law 6 th Ed. Weir/Smyth MULTIPLE CHOICE QUESTIONS 1) John while driving along a major highway, fell asleep at the wheel causing his motor vehicle to get out of control and seriously injure Toby who was also driving on the highway. Which of the following types of law will likely come into play? A) regulatory law B) administrative law C) private law D) A and C E) A and B 2. Which of the following is NOT a recognized goal of class action lawsuits? A) to allow for greater efficiencies in the justice system B) to allow plaintiffs to share legal costs C) to allow plaintiffs to recover higher awards of damages D) to allow more litigants to have access to justice E) to deter potential wrongdoers. 3) In which of the following scenarios would the doctrine of binding precedent NOT apply? A) 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 Supreme Court of Canada B) 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. C) A judge of the Supreme Court of British Columbia is hearing a case with similar facts and points of law to a case already decided by the Court of Appeal of British Columbia. D) 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 British Columbia. E) It would apply in all of the above cases. 4) What is the name given to laws passed by a government? A) common law B) canon law C) stare decisis D) statutes E) equity 2 2 Ch. 2 5) Why are appeal courts normally reluctant to change findings of fact made by a trial judge or a jury? A) because transcripts submitted are normally deficient. B) because of the operation of the principle of stare decisis C) because not having seen the witnesses they are not well placed to assess the credibility of the testimony given D) because not having seen the witnesses they cannot apply the relevant law E) because they are limited in their fact finding capabilities by the Constitution 6) What term is given to a document sworn to under oath by a person and which can be used as evidence in a judicial proceeding? A) pleading B) statement of defence C) affidavit D) pre-trial conference E) statement of claim 7) In which of the following courts, can a person usually conduct an action by him or herself or retain a lawyer, paralegal or law student to assist him or her? A) Superior Court B) Court of Appeal C) Supreme Court of Canada D) Small Claims Court E) Divisional Court 8) In which of the following cases is a third party claim normally issued? A) when a defendant has a counterclaim against a plaintiff B) when a defendant may be responsible to the plaintiff but may have a claim against another party for some or all of the amount owed to the plaintiff C) when a judgment is signed D) when a plaintiff wishes to claim against more than one defendant. E) when a defendant alleges that none or only part of a debt is owed 9) What term is given to an action brought by one or more individuals on behalf of all persons who were injured by similar acts by the same defendant? A) certification B) class action lawsuit C) damages claim D) third party claim E) mediation 3 3 Ch. 2 10) Which of the following statements is NOT TRUE with respect to arbitration proceedings? A) Arbitration proceedings normally take more time than the it does to litigate a matter in the regular court system B) An arbitrator’s decision is binding and can be enforced as a court judgment C) Arbitration proceedings are normally conducted without many of the procedural requirements of a formal trial. D) An arbitrator must be neutral E) Arbitration proceedings are often chosen as an alternative to having a dispute become subject to a foreign legal system 11) Which of the following types of law will likely come into play in a claim that a government agency has acted in excess of its powers? A) administrative law B) common law C) constitutional law D) criminal law E) both A and C 12) In which of the following Canadian provinces is the legal system based upon a civil code system rather than the common law? A) British Columbia B) Quebec C) New Brunswick D) Ontario E) Newfoundland and Labrador 13) Which of the following statements is TRUE of appeals in the Canadian court system? A) an appeal against the decision of a trial court of a province can be filed in the court of appeal of any other province B) appeal court judges seldom have the power to reverse the decision of a lower court C) appeals are based on matters of law D) the parties are often allowed to challenge findings of fact made by a trial court E) most appeals are successful as the lower courts often make errors 14) Which of the following pairs of documents at a minimum, comprise the pleadings in a civil case? A) statement of claim and statement of defence 4 4 B) statement of defence and affidavit C) motion and affidavit D) statement of defence and motion E) statement of claim and judgment Ch. 2 15) Which of the following statements is true of the discovery process in civil proceedings? A) the existence of relevant emails must be disclosed to the other side B) admissions useful to one party’s case are sometime made by the opposing party during this process C) it can be used to encourage out of court settlements D) None of the above E) All of the above 16) Which of the following options is open to a litigant who wishes to make a claim in the small claims court but the amount of the claim exceeds the current monetary jurisdiction of the court? A) consolidate the claim B) seek an increase in the monetary jurisdiction of the court C) seek unspecified damages against the defendant. D) waive the claim E) waive the excess portion of the claim 17) In which of the following circumstances would a defendant to a claim for monies due and owing in the small claims court, be advised to a file a defence to the claim? A) the plaintiff is claiming interest B) the defendant admits to owing the debt C) the defendant wishes to have a structured settlement arrangement with the plaintiff D) the defendant denies owing the debt or denies owing the entire sum claimed E) the defendant requires time to pay the debt 18) Trevor has obtained a judgment for $400,000 against Jennifer who has refused to pay it. Which of the following courses of action can Trevor take in order to have the debt satisfied? A) He can apply to the court to seize and make an order for the sale of Jennifer’s real property. B) He can apply to have a judgment debtor examination of Jennifer C) He can apply to the court to have Jennifer’s real property seized and sold. D) Garnishment proceedings E) All of the above 5 5 Ch. 2 19) Susan became seriously ill for several weeks as a result of having taken cough syrup. Susan saw a news report that the drug company that manufactured the cough syrup had produced a bad batch and that at least 200 other people had also become ill. Susan wishes to sue the pharmaceutical company but does not have the money to pay all the legal costs associated with doing so. Which of the following actions is open to Susan? A) She can seek an order from the court for the defendant to make a deposit on account of the damages that she will recover B) She can seek an order from the court for the defendant to prepay her legal costs C) She can claim injunctive relief against the drug company. D) She can seek certification of a class action from the court E) She can immediately commence a class action lawsuit 20) Sammy Strange is convinced that he was kidnapped by the RCMP and satellite receivers placed in his skull so that the government can eavesdrop on his thoughts. He has conducted research on the internet and has discovered that there are at least 200 other people who have had the same experience. Sammy wishes to commence a class action lawsuit on behalf of himself and all the other victims of the government’s conspiracy. Which of the following hurdles is he likely to face in his attempt to commence the action? A) The court will likely not certify the action as it is frivolous B) The court will likely not certify the action until Sammy is examined by a psychiatrist C) The court will certify the action only if Sammy posts a large security bond. D) The court will make an order for summary judgment in favour of the government E) The court will likely not certify the class action unless all the other potential plaintiffs submit to psychiatric testing. 6 6 21. Which of the following is a form of alternative dispute resolution? A) mediation B) arbitration C) trial D) A) and B) Ch. 2 22. The difference between mediation and arbitration is? A) mediation is similar to a trial in that the mediator will make a decision that will be binding on the parties B) arbitration is like a trial in that the arbitrator will make a decision that will be binding on the parties C) there is no difference between the two; they are different names for the same process called Alternate Dispute Resolution (ADR); D) only a judge can be a mediator while anyone can be an arbitrator 23. Law created by the legislative branch of government is called A) common law B) by-law C) statute law D) judicial law E) equitable law 24. The principle of precedent, as used in the common law, means that A) judges are limited in what they can consider when making a decision B) principles established in earlier cases are applied in later similar cases C) judges are always required to rely on statute law in making a decision D) higher courts are required to follow precedents established by lower courts E) a judicial decision cannot be reversed by appealing to a higher court 25) Which of the following statements is FALSE? A) the burden of proof in a contract law case is the same as in a negligence case B) the burden of proof is beyond reasonable doubt in criminal law C) the burden of proof is lower in civil law than in criminal law D) the burden of proof is higher in a murder trial than in a theft trial E) the burden of proof in civil law is on the balance of probabilities 7 7 26) Hearsay evidence is excluded because A) It is wrong. B) The form is unreliable. C) It is verbal. D) Both A) and C) Ch. 2 27. Which of the following statement(s) is (are) true? A) Law is made by judges. B) Law is made by governments. C) Law is made by reform commissions. D) A) and B). E) All of the above. 28. To which of the following situations does the principle of stare decisis apply? A) Government-made law B) A ruling by a school discipline committee. C) Judge-made law. D) A) and B E) A), B), and C) 29. What is the name for legal process by which a plaintiff can learn the location of a defendant’s bank account? A) garnishment B) debtor examination C) writ of seizure D) execution E) statement of claim 8 8 30. A statement of claim is one type of A) garnishment B) execution C) pleading D )plaintiff Ch. 2 31) If someone is injured as a result of your negligence and sues you for damages, the law that will resolve this dispute between you is A) civil Law B) criminal law C) constitutional law D) administrative law E) Both A and B 32) If your business publishes false claims, it could be charged with the offence of misleading advertising under the Competition Act. If that happened, the law that applied would be A) civil law B) regulatory law C) constitutional law D) administrative law E) none of the above 33) If you are involved in a traffic accident, which of the following different categories of law might apply to you? A) The civil law could apply if you were sued by an injured party. B) The criminal law could apply if you were charged with an offence such as dangerous driving. C) Regulatory law could apply if you were charged with a non-criminal offence such as careless driving under the provincial Highway Traffic Act. D) Constitutional law could apply if you were charged with an offence and wishes to argue, for example, that evidence should be excluded because of a violation by the police of your rights under the Charter of Rights. E) All of the above 34) Which of the following statements is true? A) Law is made by judges. 9 9 B) Law is made by legislatures and Parliament. C) Law is made by Law Reform Commissions. D) Both A and B E) All of the above Ch.2 35) Which of the following terms means that a judge must follow another judge’s ruling on the law if the latter judge is of a higher rank? A) equity B) Stare decisis C) noblesse oblige D) common law E) arbitration 36) Which of the following statements is FALSE? A) The purpose of criminal law is to punish the wrong doer B) The purpose civil law is to compensate the victim C) In a civil trial the plaintiff pays the crown attorney D) In a criminal jury trial there are 12 people and all 12 must agree to get a decision E) Provinces have different rules on civil jury trials 37) Stare decisis means: A) A jury’s decision cannot be overturned by a judge B) The power to make laws is given only to the courts as governments cannot make laws C) The Small Claims Courts cannot hear matters involving failure to pay debts D) A judge is bound to follow a principle of law laid down by other judges of higher rank E) A decision is not binding unless the judge gives written reasons 38) Which of the following statements is FALSE? In criminal law A) a jury is made up of 12 people B) 11 of 12 jurors must agree to reach a decision C) not all criminal cases can be heard by a jury D) the victim does not have to hire a lawyer a crown attorney will prosecute the case E) one if its purposes is to deter others from committing similar crimes 39) Which of the following statements is TRUE? 10 10 A) Although each case is decided on its own facts, judicial decisions develop principles that can be applied in similar situations. B) Judges are not well suited to adapt the law to changing social and economic conditions, so law reform is best addressed by governments. C) Statutes are subject to judicial interpretation. D) The burden of proof is higher in criminal law than in civil law E) All of the above Ch. 2 40) To which of the following does the Civil Code system apply? A) The Criminal Code B) All civil statutes C) The province of Quebec D) The Northwest Territories E) Both C and D 41) Which of the following statements is TRUE? A) A trial court is bound by a decision on the same point of law made by another trial court in the province. B) A trial court is bound by a decision on the same point of law made by any Court Appeal in Canada. C) A trial court is bound by a decision on the same point of law made by any Court of Appeal in Canada except for the Quebec Court of Appeal. D) Decisions of the Supreme Court of Canada are binding on all courts in Canada except those in Quebec. E) None of the above. 42) Which of the following statements is TRUE? A) A solicitor is a trial lawyer. B) Lawyers in the United States are called attorneys C) A barrister is a trial lawyer. D) Both B and C E) All of the above 43) Which of the following statements is TRUE? A) in many provinces the limitation period for most civil cases is 2 years B) a civil case must be tried in the jurisdiction where the key event occurred C) if a statement of defense is not filed on time the case will be dismissed D) the defendant has the choice in what location the trial will be heard in a civil case E) after the pleadings comes the debtor’s examination 11 11 44) Which of the following statements is TRUE? A) A person charged with a criminal offence in Canada has the constitutional right to be tried by a jury. B) A jury is always composed of 12 persons. C) A person cannot have a jury trial in a civil action in some provinces in Canada. D) the defendant in a civil action cannot counter-claim for damages E) the limitation period begins when the defendant knew there was a right to sue Ch. 2 45) Which of the following statements is TRUE? A) Prior to a writ of summons being issued, a plaintiff must file an affidavit of documents with the court. B) Only the defendant must serve an affidavit of documents. C) The pleadings are not complete until there is a transcript of the examination for discovery. D) People do not have disclose their Facebook postings under the discovery of documents E) None of the above. 46) A statement of claim is one type of: A) Garnishment. B) Execution C) Pleading D) Plaintiff. E) Discovery 47) Which of the following statements is TRUE? A) Above 80% of actions go to trial. B) An independent senior trial lawyer may sit in on examinations for discovery to give the parties an opinion on the case. C) Transcripts of examination for discovery may be used for trial preparation and also be used as evidence at trial. D) About 90% of appeals are successful E) Contract settlements must be recorded in public records 48) Which of the following statements is TRUE? A) The parties in a civil action may agree to waive the rules of evidence at trial. B) The plaintiff in a civil action must prove its case beyond a reasonable doubt. C) “Findings of fact” is another term for the evidence given at trial. D) At the end of a trial the judge’s decision is called a judgment E) Only the defendant has to produce documents in the discovery process 12 12 49) An injunction is a court order to A) perform a contract B) stop doing something C) pay a debt that is overdue D) show up in court on a specific date E) hand over key documents to the other party in a legal action Ch. 2 50) Anna was fired by the newspaper she worked for and she sued the newspaper for wrongful dismissal. She eventually agreed to a large settlement out of court with the newspaper. In the settlement agreement there was a confidentiality clause. Then 16 months after the settlement Anna wrote a blog comment that said “I got a huge amount of money from the newspaper and that ought to teach those editors a lesson.” As a result which of the following statements is TRUE? A) Anna will probably have to pay back the money she received in the settlement B) Anna has done nothing wrong as she did not disclose the amount she received C) Anna can say anything she wants as it was more than a year after the settlement money was paid D) Anna will have to repay part of the settlement money E) the newspaper can sue Anna for her false statements 51) Al Bondie is driving his car home from the garage where its brakes were repaired and hits Clare Davies, a pedestrian. Clare sues Al. Al thinks that his brakes were faulty and he wants to sue the mechanic. What is the name of the legal process by which Al can make a claim against his mechanic in the same lawsuit initiated by Clare? A) statement of claim B) statement of defence C) third party claim D) garnishment E) counterclaim 52) Which of the following statements is true concerning the Small Claims Court? A) A person who starts a proceeding is called a plaintiff. B) A person who starts a proceeding is called a defendant. C) On proper facts a defendant can make a counterclaim against the plaintiff in the same action. D) Both A and C E) All of the above 53) Maria was injured when the brakes on her car failed so she sued the automobile manufacturer. After the pleadings the next step would be A) a pretrial conference 13 13 B) an examination for discovery C) alternative dispute resolution D) discovery of documents E) a debtor’s examination Ch. 2 54) Ella was sued by Jason successfully for $40,000 but she won’t pay him. Jason knows she works at Sears as a manager and she also has $15,000 in a particular bank account. Jason will probably try to get A) an injunction B) a seizure and sale order C) a garnishment order D) an accounting E) an Anton Piller order 55) Which of the following statements is FALSE? A) common law is judge-made law B) many civil law cases involve torts and contract law C) mediation is usually faster and cheaper and more private than litigation D) statutory law is created by judges following precedents set in earlier cases E) jurisdiction is the legal right of a court to hear a case 56) What is the name for the legal process by which a plaintiff can learn the location of a defendant’s bank account? A) garnishment B) debtor examination C) writ of seizure D) execution E) discovery 57) Garnishment is A) one type of pleading in the Small Claims Court. B) the technical name for a judgement C) a legal process used to collect on a judgement D) a defence to a claim in a higher court E) a way to enhance the presentation of a mea 58) Garnishment A) Seizes money in the control of a defendant before judgement. 14 14 B) Seizes money in the control of a defendant after judgement. C) Seizes money in the control of a third party owed to the defendant after judgement. D) Seizes money in the control of a third party owed to the defendant before judgement. E) Both B and C. Ch. 2 59) You have obtained a judgement against the defendant. How can you collect on it? A) If he has money in a bank account, you can ask for an order from the court that it be made payable to you. B) If he owns personal property, you can ask the court to order it seized and sold, with the proceeds going to you. C) If he owns real property (land), you can ask the court to order it seized and sold, with the proceeds going to you. D) Both B and C. E) All of the above 60) Under what circumstances can a defendant who is served with an appointment for a judgement debtor examination be put in jail? A) If he fails to pay the judgement. B) If he fails to file a defence C) If he fails to honour a notice of garnishment D) If he willfully fails to attend the examination E) None of the above 61) Peter from Calgary was walking across the street in Halifax. Suddenly Tara from Toronto drove her car through a red light and hit Peter causing him serious injuries. As a result, which of the following statements is FALSE? A) Peter can sue Tara in a court in Calgary or Halifax B) Peter would start the legal proceedings by filing a statement of claim C) a court in Toronto could have jurisdiction to hear this case D) Tara will have a time limit on when she must file a statement of defense E) Tara’s lawyer will have the right to review Peter’s medical records 62) Which of the following statements is FALSE? Class actions A) allow persons who could not otherwise afford it access to justice B) decrease the total cost of complex litigation C) indirectly encourage large corporations to be more careful about issues of safety and product quality D) are easily certified but rarely settle out of court E) often result in the law firm for the plaintiff making large amounts of money 15 15 Ch. 2 63) Oxxon Co.’s ship ran into a rock, spilling oil on some cottage lands. Jane Doe is a member of an environmental protection group that wants to bring a class action against Oxxon as a test case on behalf of all cottage owners whose property was affected by the oil spill. Jane does not own a cottage, but a majority of the cottage owners support her. Which of the following is TRUE? A) Jane can start a class action provided she states that it’s on behalf of all cottage owners whose land was damaged by the oil spill. B) Jane can start class action provided she has the written permission of a majority of cottage owners whose land was damaged by the oil spill. C) Jane must ask the court to certify her as a representative of the affected cottage owners before she can start the proposed class action. D) Jane cannot start a class action in these circumstances because class actions are restricted to product liability actions. E) Jane can start a class action provided she is prepared to indemnify the cottage owners for their costs in the event the action is unsuccessful. 64) Oxxon Co.’s ship ran into a rock, spilling oil on some cottage lands. Jane Doe is a member of an environmental protection group that wants to bring a class action against Oxxon as a test case on behalf of all cottage owners whose property was affected by the oil spill. Jane does not own a cottage, but a majority of the cottage owners support her. Will Jane likely be successful in being certified by a court? A) Yes, because she has the consent of a majority of the cottage owners. B) Yes, because she does not need the consent of any cottage owners; they can opt out of the class action. C) No, because she doesn’t have the consent of all cottage owners. D) No, because he does not own a cottage herself. E) Yes, because she is acting in the public interest. 65) Which of the following class actions have been successful? A) an action by women who received certain breast implants B) actions by smokers against tobacco companies C) an action against chocolate bar manufacturers for price fixing D) an action by people who got Hepatitis C from blood transfusions E) all of the above 66) Mediation differs from litigation in which of the following ways? 16 16 A) Mediation is based on seeking compromise, whereas in litigation one side normally wins and the other loses. B) In mediation, the parties decide on the outcome. In litigation, the court decides. C) In mediation, a third party (the mediator) assists the parties to reach an agreement, if possible. In litigation, a third party (the judge) decides the outcome. D) Both B and C E) All of the above Ch. 2 67) A major film company discovers a small company is making illegal copies of its movies and selling them for very low prices. Which of the following remedies would the film company NOT seek from the court? A) an accounting of profits B) an order of specific performance C) an Anton Piller order D) punitive damages E) a deliver up order 68) Arbitration differs from litigation in which of the following ways? Arbitration lacks many of the procedural rules of a court proceeding. A) Decisions of an arbitrator, unlike a judgement of a court, are never binding on the parties. B) Arbitration is normally faster and cheaper than having a trial. C) Both A and C D) All of the above 69) Business risks may be addressed in general in the following ways: A) eliminating the risk B) transferring the risk to someone else C) paying for it D) reducing the frequency of the risk occurring E) All of the above 70) Which of the following statements is FALSE? A) less than half of legal cases that begin will settle and never go to trial B) in settlement agreements a plaintiff will sign a release C) in some settlement agreements a confidentiality clause is included D) settlement is often faster and less costly than a full trial E) if someone discloses the contents of a settlement agreement a court may order them to repay the money they had received 17 17 TRUE/FALSE QUESTIONS Ch.2 1) Statutory law is judge made law. 2) Civil law deals mainly with torts and contract law. 3) The burden of proof in a negligence case is the same as in a contract law case. 4) In applying equitable principles, judges can apply their own concepts of fairness. 5) The doctrine of precedent, means that a trial judge in an Ontario Small Claims Court is bound by a decision made by the Manitoba Court of Appeal. 6) Only a decision of the Federal Court of Appeal is binding throughout all of Canada. 7) Punitive damages are awarded to compensate a plaintiff for mental distress, emotional upset and embarrassment. 8) A civil trial is usually heard where the events occurred or where the defendant lives. 9) In civil proceedings, the right to have the matter determined by a jury exists in all provinces. 10) If the court refuses to certify a class action lawsuit, no individual who claims an entitlement to damages can sue individually. 11) Arbitration is appropriate for parties who wish to avoid adversarial court room trials. 12) In mediation proceedings, a mediator cannot impose a solution on the parties. 13) A plaintiff who has succeeded in obtaining a judgment against a defendant has no means to get the money they are owed if the defendant refuses to pay the judgment. 14) Interest can be claimed as a part of any claim filed in the Small Claims Court. 15) A decision of the Supreme Court of Canada, is only binding on the Canadian federal courts. 18 18 16) Aggravated damages are extra money awarded to punish intentionally bad behavior. 17) Most civil law cases have a limitation period of 5 years in which to start the pleadings. 18) In a civil trial, the parties will not be aware of the documents that the other party has concerning the matter, until the trial itself. 19) The Supreme Court of Canada has set a maximum amount that a person can be awarded for their pain and suffering and loss of enjoyment of life. 20) In both criminal and civil proceedings, the relevant standard of proof is proof beyond a reasonable doubt. 19 19 ANSWERS CHAPTER 2 TEST BANK Critical Concepts of Canadian Business Law 6 th Ed. Weir/Smyth MULTIPLE CHOICE QUESTIONS 1) E 21) D 41) E 61) A 2) C 22) B 42) D 62) D 3) D 23) C 43) A 63) C 4) D 24) B 44) C 64) D 5) C 25) D 45) E 65) E 6) C 26) B 46) C 66) E 7) D 27) E 47) C 67) B 8) B 28) C 48) D 68) D 9) B 29) B 49) B 69) E 10) A 30) C 50) A 70) A 11) E 31) A 51) C 12) B 32) B 52) E 13) C 33) E 53) D 14) A 34) D 54) C 15) E 35)