Reference no: EM132315750

QUESTION 1
To succeed in a defence based on fair comment a defendants comment mast.
a. be based on a conclusion that is reasonably supported by evidence.
b. not be Whaled by malice.
c. be on a matter of public interest
d. all of the above.

QUESTION 2
Pecuniary lasses recoverable in a tort action can include
a. medical expenses.
b. the cost of lost work time.
c. the loss of future earning because of a disabling injury.
d. all of the above.

QUESTION 3
In talking about alternative dispute resolution, we often discuss rights and interests. In this context, rights refer to...
a. long-term goals .
b. entitlements.
c. business concerns, aspirations, and priorities.
d. short-term goals.

QUESTION 4
Which of the following is not an example of how tribunals are different from courts?
a. Tribunals may admit evidence that would never be admitted in a court
b. Tribunals may consider public policy to a degree that courts usually do not.
c. Tribunal decisions are not binding on the parties in the same way as are court decision.
d. Tribunal usually have more informal and flexible procedures than do courts.

QUESTION 5
What does the division of powers found within Canada's constitution diode?
a. which powers are provided to Quebec through the civil law and to the rest Canada through, the common law
b. which powers are territorial, provincial, and municipal
c. which, payers are federal and which powers are exclusively provincial
d. which powers are statutory and which are derived from the common law

QUESTION 6
In the mediation process
a. the parties must not be in an adversarial position.
b. the mediator always keeps the parties apart during discussions.
c. the mediator guides discussions and imposes a settlement after hearing both sides.
d. the mediator guides discussions.

QUESTION 7
Negligence is established only when the plaintiff proves that the defendant could foresee
a. that the plaintiff or someone like her might be harmed or incur loss as a result of the defendants actions.
b. that the plaintiff would purchase the defendant's goods.
c. that the plaintiff or someone like her might be harmed or incur loss as a result of the defendant s actions, and that the full extent of the harm actually suffered by the plaintiff was also reasonably foreseeable.

QUESTION 8
Contributory negligence ...
a. means that the plaintiff was partially at fault for the harm he suffered.
b. must be proven by the defendant
c. can, if proven, limit the defendant's liability in tort
d. all of the above.

QUESTION 9
Solicitor-client privilege means ...
a. Your lawyer has a right ahead of other creditors to payment of his bill for services.
b. anything your lawyer tells you cannot be repeated by you to anyone else.
c. your lawyer cannot reveal any information you give to him about the case without your permission.
d. third parties who provide your lawyer with information about your case car rot reveal it to anyone else.
e. anything you write to your lawyer cannot be revealed by either of you.

QUESTION 10
To establish that the defendant committed the tort of interference with economic relations, the plaintiff must prove that
a. the defendants business is a direct competitor of her own and that the defendant has gained an economic advantage over the plaintiff by illegal means.
b. the defendant intended to harm the plaintiffs business and that the harm was done with knowledge on the part of principals of the defendants corporation.
c. the defendant intended to harm the plaintiffs business, that the defendant committed an illegal act to do so, and that the plaintiff suffered actual harm as a result
d. the defend committed an illegal act with the intent to harm the plaintiffs business, whether or not actual harm occurred.

QUESTION 11

Who can sue a manufacturer for injuries relate: to the negligent design of a ski helmet under product liability lame? Choose the best answer.
a. Any wearer of the helmet whether or not he purchased it, as long as safety warnings are visible on the helmet
b. Any wearer of the helmet
c. The original purchaser and any second-hand purchaser, as long as the helmet is sold with the original packaging bearing safety warning
d. The original purchaser only.

QUESTION 12
Arbitration as a process is ...
a. more formal than litigation.
b. more formal than negotiation.
c. none of the above.
d. controlled by the parties.

QUESTION 13
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 sorties are ruled by law.
c. Punishment for breaking the law is imposed according to rules of conduct.
d.All of the above.

QUESTION 14

To manage the risk of lawsuits based on the law of nuisance, the test strategy for business owners would be to...
a. restrict entry to dangerous areas
b. conduct market research before designing new products.
c. comply with all land use laws, such as zoning bylaws, building codes, and environmental laws.
d. none of the above.

QUESTION 15
This question is from Chapter 1.
What 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. All statutes must be supported by regulations, whereas regulations are rarely found in the common law.
d. Where there is a conflict between common law and statute, the statute prevails.

QUESTION 16
An indemnification clause is used b
a. prevent suits in nuisance brought by neighbours when a business undertakes a polluting activity.
b. require participants to waive their right to sue should they be injured when participating in an activity provided by a business.
c. force the employee to assume liability for certain risks associated with his work so that the employer is not exposed to vicarious liability. d.any of the above.

QUESTION 17
Remedies available for torts include ...
a. specific performance and injunctions.
b. prison sentences and damages.
c. damages and injunctions.
d. restraining orders and restitution.

QUESTION 18

A business can attempt to limit its liability in tort by ...
a.conducting safety tests on product and services and documenting rest results.
b. maintaining retail and other premises in good repair and conducting regular safety patrols.
c. printing warnings on product advising of potential dangers.
d.all of the above.

QUESTION 19
The public laws most relevant for business are
a. tax law, administrative law criminal law, and employment law
b. tax law, administrative law and criminal law
c. contract law, tort law property law, criminal law, and tax taw
d. contract law, tort law property law, and the law governing business organizations

QUESTION 20
Municipal bylaws affect businesses in many ways. Which list of examples most accurately reflects municipal jurisdiction?
a. land use planning, banking. commerce, and health care
b. land use planning, public transit, garbage disposal, and licensing
c. land use planning, building permits, financing, and health and safety on the job site
d. land use planning, transit including highways and airports, and drivers licenses