Hardest Trivia Questions On Hospitality Law! Quiz

1. One party can revoke an offer and have no consequences only before it is ____________ by the other party.

In this scenario, the correct answer is "accepted". The word "accepted" completes the sentence and provides the necessary context for understanding the consequences of revoking an offer. Once an offer is accepted by the other party, it becomes legally binding, and revoking it would have consequences. However, before acceptance, the offer can be revoked without any repercussions.

Explanation

In this scenario, the correct answer is "accepted". The word "accepted" completes the sentence and provides the necessary context for understanding the consequences of revoking an offer. Once an offer is accepted by the other party, it becomes legally binding, and revoking it would have consequences. However, before acceptance, the offer can be revoked without any repercussions.

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2. The _________ ____________ Rule states when once a contract is written, it cannot be changed without consent of both parties.

The Parol Evidence Rule is a legal principle that states that once a contract is written, it cannot be changed without the consent of both parties. This means that any prior oral or written agreements, negotiations, or understandings that were not included in the written contract are generally not admissible as evidence to contradict or add to the terms of the contract. The purpose of this rule is to ensure that the written contract is the final and complete expression of the parties' agreement.

Explanation

The Parol Evidence Rule is a legal principle that states that once a contract is written, it cannot be changed without the consent of both parties. This means that any prior oral or written agreements, negotiations, or understandings that were not included in the written contract are generally not admissible as evidence to contradict or add to the terms of the contract. The purpose of this rule is to ensure that the written contract is the final and complete expression of the parties' agreement.

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3. ___________ damages are awarded for ____________ on the injured party

General damages are awarded for non-monetary losses such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are not easily quantifiable and are meant to compensate the injured party for the harm they have suffered. Compensation, on the other hand, refers to the act of providing monetary payment or reimbursement to the injured party for their losses, expenses, or damages incurred as a result of the wrongdoing or negligence of another party. Therefore, the correct answer is general damages are awarded for compensation on the injured party.

Explanation

General damages are awarded for non-monetary losses such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are not easily quantifiable and are meant to compensate the injured party for the harm they have suffered. Compensation, on the other hand, refers to the act of providing monetary payment or reimbursement to the injured party for their losses, expenses, or damages incurred as a result of the wrongdoing or negligence of another party. Therefore, the correct answer is general damages are awarded for compensation on the injured party.

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4. When dealing with a corporation, is it necessary to verify whether the office has the proper authority to contract for the corporation? ______, the office need only appear to have the authority.

It is not necessary to verify whether the office has the proper authority to contract for the corporation. The office only needs to appear to have the authority. This means that as long as the office gives the impression of having the authority, it is sufficient for the corporation to enter into a contract. Verification of the actual authority is not required in this case.

Explanation

It is not necessary to verify whether the office has the proper authority to contract for the corporation. The office only needs to appear to have the authority. This means that as long as the office gives the impression of having the authority, it is sufficient for the corporation to enter into a contract. Verification of the actual authority is not required in this case.

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5. “______ ___ _________” is when a contract is breached, the injured party must do what is required to limit the losses they suffer.

The term "duty to mitigate" refers to the responsibility of the injured party in a breached contract to take necessary actions to minimize the losses they incur as a result of the breach. This means that the party cannot simply sit back and allow the losses to accumulate but must make reasonable efforts to mitigate or reduce the damages. This principle is based on the idea that the injured party should not be able to claim excessive damages if they could have reasonably prevented or minimized them.

Explanation

The term "duty to mitigate" refers to the responsibility of the injured party in a breached contract to take necessary actions to minimize the losses they incur as a result of the breach. This means that the party cannot simply sit back and allow the losses to accumulate but must make reasonable efforts to mitigate or reduce the damages. This principle is based on the idea that the injured party should not be able to claim excessive damages if they could have reasonably prevented or minimized them.

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6. The relationship between agents and principals is that the _____________ acts on behind of the _____________.

The relationship between agents and principals is that the agents act on behalf of the principals. Agents are individuals or entities who are authorized to represent and make decisions on behalf of the principals. They are entrusted with the responsibility to act in the best interest of the principals and carry out their instructions. The agents have a fiduciary duty towards the principals, meaning they must prioritize the principals' interests above their own. This relationship is commonly seen in various contexts, such as in business, law, and real estate.

Explanation

The relationship between agents and principals is that the agents act on behalf of the principals. Agents are individuals or entities who are authorized to represent and make decisions on behalf of the principals. They are entrusted with the responsibility to act in the best interest of the principals and carry out their instructions. The agents have a fiduciary duty towards the principals, meaning they must prioritize the principals' interests above their own. This relationship is commonly seen in various contexts, such as in business, law, and real estate.

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7. A contract may be breached in the following 3 ways: ______________________ ______________________ ________ __ __________

A contract may be breached in the following 3 ways: repudiation, sabotage, and failure to perform. Another way a contract can be breached is through sabotage and failure to perform.

Explanation

A contract may be breached in the following 3 ways: repudiation, sabotage, and failure to perform. Another way a contract can be breached is through sabotage and failure to perform.

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8. ___________ __________, _____________ _________, ___________ and sometimes being a minor, are all situations where a person lacks the capacity to contract.

Mental illness, substance abuse, and senility are all situations where a person lacks the capacity to contract. The order in which they are listed does not matter, as long as all three are included.

Explanation

Mental illness, substance abuse, and senility are all situations where a person lacks the capacity to contract. The order in which they are listed does not matter, as long as all three are included.

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9. ___________ damages and _____________ damages are imposed to punish and to make an ____________ of the offending party.

Punitive damages and exemplary damages are imposed to punish and make an example of the offending party. Punitive damages are awarded to the plaintiff in addition to compensatory damages, with the aim of punishing the defendant for their wrongdoing. Exemplary damages, on the other hand, are awarded to set an example and deter others from engaging in similar behavior. Both types of damages serve to hold the offending party accountable and discourage future misconduct.

Explanation

Punitive damages and exemplary damages are imposed to punish and make an example of the offending party. Punitive damages are awarded to the plaintiff in addition to compensatory damages, with the aim of punishing the defendant for their wrongdoing. Exemplary damages, on the other hand, are awarded to set an example and deter others from engaging in similar behavior. Both types of damages serve to hold the offending party accountable and discourage future misconduct.

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10. With cash on delivery contracts, the __________ retains title and risk until the goods are delivered and paid for.

In cash on delivery contracts, the seller retains title and risk until the goods are delivered and paid for. This means that the seller is responsible for the goods until they are delivered to the buyer and the payment is received. The seller holds ownership and assumes the risk of any damage or loss during the transportation process. Only after the buyer pays for the goods, the title and risk are transferred to the buyer.

Explanation

In cash on delivery contracts, the seller retains title and risk until the goods are delivered and paid for. This means that the seller is responsible for the goods until they are delivered to the buyer and the payment is received. The seller holds ownership and assumes the risk of any damage or loss during the transportation process. Only after the buyer pays for the goods, the title and risk are transferred to the buyer.

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11. __________ ________ is defined as the reasonable worth of the good.

Quantum meruit is a legal term that refers to the reasonable value or worth of a good or service. It is often used in contract law when the agreed-upon price or terms are not specified, allowing the party to receive payment based on the fair market value of their work or contribution. In other words, quantum meruit ensures that individuals are compensated fairly for the value they have provided, even if there is no explicit agreement in place.

Explanation

Quantum meruit is a legal term that refers to the reasonable value or worth of a good or service. It is often used in contract law when the agreed-upon price or terms are not specified, allowing the party to receive payment based on the fair market value of their work or contribution. In other words, quantum meruit ensures that individuals are compensated fairly for the value they have provided, even if there is no explicit agreement in place.

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12. ______________ ___ __ means negligence in and of itself. If you are not conforming in some law or regulation you are guilty of negligence even though no injury has occurred (yet).

Negligence per se refers to the concept that negligence is established by the violation of a law or regulation, regardless of whether any harm or injury has occurred. In other words, if someone fails to conform to a specific legal requirement, they are automatically considered negligent, even if there are no immediate consequences. This principle is based on the idea that certain laws or regulations exist to prevent harm, and by disregarding them, individuals are acting negligently.

Explanation

Negligence per se refers to the concept that negligence is established by the violation of a law or regulation, regardless of whether any harm or injury has occurred. In other words, if someone fails to conform to a specific legal requirement, they are automatically considered negligent, even if there are no immediate consequences. This principle is based on the idea that certain laws or regulations exist to prevent harm, and by disregarding them, individuals are acting negligently.

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13. You were unfairly fired in your job. You worked for a local chain fast food restaurant. You decided to make up some stories regarding the restaurant’s sanitation practices. As a result the restaurant has lost quite a few patrons. The establishment can sue you for ____________ _____________.

The establishment can sue you for injurious falsehood because you intentionally made up stories about the restaurant's sanitation practices, which caused the restaurant to lose patrons. Injurious falsehood refers to spreading false information about a business that results in harm to its reputation and financial losses.

Explanation

The establishment can sue you for injurious falsehood because you intentionally made up stories about the restaurant's sanitation practices, which caused the restaurant to lose patrons. Injurious falsehood refers to spreading false information about a business that results in harm to its reputation and financial losses.

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14. The “_____________ ______ ______” means that one needs to consider what a careful thoughtful person in the same circumstances would have done.

The "reasonable person test" refers to a standard used in legal contexts to determine whether a person's actions were reasonable or not. It involves considering how a prudent and cautious individual, with similar knowledge and experience, would have behaved in the same situation. This test helps to establish whether someone's conduct meets the expected level of care and judgment that a reasonable person would exercise.

Explanation

The "reasonable person test" refers to a standard used in legal contexts to determine whether a person's actions were reasonable or not. It involves considering how a prudent and cautious individual, with similar knowledge and experience, would have behaved in the same situation. This test helps to establish whether someone's conduct meets the expected level of care and judgment that a reasonable person would exercise.

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15. The word “tort” came from an old French word meaning “__________”.

The word "tort" originated from an old French word that meant "wrongs". This suggests that the term "tort" is used to describe actions or behaviors that are considered to be wrongful or harmful.

Explanation

The word "tort" originated from an old French word that meant "wrongs". This suggests that the term "tort" is used to describe actions or behaviors that are considered to be wrongful or harmful.

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16. A ____________ in BC is someone who certifies documents, but does not draft documents.

A notary in BC is an individual who is authorized to certify documents, such as verifying signatures or administering oaths, but their role does not involve drafting legal documents. They primarily serve as impartial witnesses to the signing of important documents to ensure their authenticity and legality.

Explanation

A notary in BC is an individual who is authorized to certify documents, such as verifying signatures or administering oaths, but their role does not involve drafting legal documents. They primarily serve as impartial witnesses to the signing of important documents to ensure their authenticity and legality.

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17. You owe duty of care to a ___________ because you cannot wilfully create a danger or wantonly injure the trespasser.

A duty of care refers to the legal obligation to act in a way that prevents harm to others. In this context, the statement suggests that you owe a duty of care to a trespasser because you are not allowed to intentionally create a dangerous situation or intentionally harm them. This means that even though someone is trespassing on your property without permission, you still have a responsibility to not deliberately cause harm to them.

Explanation

A duty of care refers to the legal obligation to act in a way that prevents harm to others. In this context, the statement suggests that you owe a duty of care to a trespasser because you are not allowed to intentionally create a dangerous situation or intentionally harm them. This means that even though someone is trespassing on your property without permission, you still have a responsibility to not deliberately cause harm to them.

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18. The “______ ________ __________” is when the plaintiff’s negligence causes him/her self danger; the defendant has the last clear chance of averting injury. If the defendant fails to exercise care he/she is negligent.

The concept of "last clear chance" refers to a situation where the plaintiff's own negligence puts them in danger, but the defendant still has the opportunity to prevent the injury. If the defendant fails to exercise reasonable care and does not take advantage of this final opportunity to avert harm, they can be considered negligent.

Explanation

The concept of "last clear chance" refers to a situation where the plaintiff's own negligence puts them in danger, but the defendant still has the opportunity to prevent the injury. If the defendant fails to exercise reasonable care and does not take advantage of this final opportunity to avert harm, they can be considered negligent.

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19. The two kinds of liability are:
_______________
_______________

The correct answer is "conditional; strict". Liability can be classified into two types: conditional liability and strict liability. Conditional liability refers to the legal responsibility that arises only if certain conditions or requirements are met. On the other hand, strict liability holds individuals or entities responsible for their actions or products, regardless of fault or negligence. Therefore, the correct answer is "conditional; strict".

Explanation

The correct answer is "conditional; strict". Liability can be classified into two types: conditional liability and strict liability. Conditional liability refers to the legal responsibility that arises only if certain conditions or requirements are met. On the other hand, strict liability holds individuals or entities responsible for their actions or products, regardless of fault or negligence. Therefore, the correct answer is "conditional; strict".

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20. “The thing speaks for itself” is another term for ___ ____ ________. When the injury results from something that could not have happened unless there was negligence, then it is not necessary to prove exactly how and in what way the negligence caused the injury.

"Res ipsa loquitur" is a Latin term that translates to "the thing speaks for itself." It is a legal doctrine that allows a plaintiff to establish a presumption of negligence based on the circumstances of an injury. In cases where the injury could not have occurred without negligence, the plaintiff does not need to provide specific evidence of how the negligence caused the injury. The doctrine recognizes that certain accidents or injuries are so obviously the result of negligence that no further explanation is needed.

Explanation

"Res ipsa loquitur" is a Latin term that translates to "the thing speaks for itself." It is a legal doctrine that allows a plaintiff to establish a presumption of negligence based on the circumstances of an injury. In cases where the injury could not have occurred without negligence, the plaintiff does not need to provide specific evidence of how the negligence caused the injury. The doctrine recognizes that certain accidents or injuries are so obviously the result of negligence that no further explanation is needed.

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21. ____________ law defines the rights and remedies, whereas _________ law is the procedures through which substantive rights are protected.

Substantive law refers to the set of laws that define individuals' rights and the legal remedies available to them. It focuses on the substance and content of the law. On the other hand, procedural law outlines the specific processes and methods used to enforce substantive rights and protect them. It establishes the rules and procedures that govern how legal proceedings are conducted, ensuring fairness and due process.

Explanation

Substantive law refers to the set of laws that define individuals' rights and the legal remedies available to them. It focuses on the substance and content of the law. On the other hand, procedural law outlines the specific processes and methods used to enforce substantive rights and protect them. It establishes the rules and procedures that govern how legal proceedings are conducted, ensuring fairness and due process.

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22. When no contractual relationship exists between two parties, and one party relies upon advice provided by the other party, but the advice was provided in a negligent manner, the first party can sue for ________ _________________.

When there is no contract between two parties and one party relies on advice given by the other party, but the advice is given negligently, the first party can sue for negligent misrepresentation. This means that the party providing the advice was negligent in their representation of the information, causing harm or loss to the relying party.

Explanation

When there is no contract between two parties and one party relies on advice given by the other party, but the advice is given negligently, the first party can sue for negligent misrepresentation. This means that the party providing the advice was negligent in their representation of the information, causing harm or loss to the relying party.

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23. The main premise of ________ law is to restore the injured party to the position he or she was in before the jury

Tort law is a branch of civil law that aims to compensate the injured party for any harm or loss they have suffered due to the actions or negligence of another person. The main premise of tort law is to restore the injured party to the position they were in before the incident occurred. This means that the person who caused the harm or injury may be required to pay damages or provide other forms of compensation to make up for the harm caused.

Explanation

Tort law is a branch of civil law that aims to compensate the injured party for any harm or loss they have suffered due to the actions or negligence of another person. The main premise of tort law is to restore the injured party to the position they were in before the incident occurred. This means that the person who caused the harm or injury may be required to pay damages or provide other forms of compensation to make up for the harm caused.

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24. __________ defamations are spoken ones.

Slander refers to defamatory statements that are spoken, as opposed to written. It is a form of defamation that involves making false spoken statements about someone that can harm their reputation. Slander is different from libel, which refers to defamatory statements that are written or published. In this case, the correct answer is "slander" because it specifically mentions that the defamations being referred to are spoken ones.

Explanation

Slander refers to defamatory statements that are spoken, as opposed to written. It is a form of defamation that involves making false spoken statements about someone that can harm their reputation. Slander is different from libel, which refers to defamatory statements that are written or published. In this case, the correct answer is "slander" because it specifically mentions that the defamations being referred to are spoken ones.

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25. The “____ _____ ____” states that a tortfeasor who can reasonable foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.

The "thin skull rule" states that a tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated. This means that even if the tortfeasor did not anticipate the extent of the injury, they are still responsible for it because they should have reasonably foreseen the possibility. The "thin skin rule" is not a recognized legal principle and does not have any relevance to this concept.

Explanation

The "thin skull rule" states that a tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated. This means that even if the tortfeasor did not anticipate the extent of the injury, they are still responsible for it because they should have reasonably foreseen the possibility. The "thin skin rule" is not a recognized legal principle and does not have any relevance to this concept.

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26. __________ defamations are written ones.

Libel refers to defamatory statements or accusations that are made in written form, such as in newspapers, magazines, or online publications. Unlike slander, which involves spoken defamatory statements, libel specifically pertains to written defamation. Therefore, the correct answer is libel.

Explanation

Libel refers to defamatory statements or accusations that are made in written form, such as in newspapers, magazines, or online publications. Unlike slander, which involves spoken defamatory statements, libel specifically pertains to written defamation. Therefore, the correct answer is libel.

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27. ___________ _____________ is when a person is liable for negligence only if the consequences of the act were reasonably foreseeable.

Conditional liability is a concept where a person can be held responsible for negligence only if the outcomes of their actions were reasonably foreseeable. This means that if the consequences of an act were not reasonably predictable or foreseeable, the person cannot be held liable for any negligence. In other words, the individual's liability is contingent upon the foreseeability of the consequences of their actions.

Explanation

Conditional liability is a concept where a person can be held responsible for negligence only if the outcomes of their actions were reasonably foreseeable. This means that if the consequences of an act were not reasonably predictable or foreseeable, the person cannot be held liable for any negligence. In other words, the individual's liability is contingent upon the foreseeability of the consequences of their actions.

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28. Under this circumstance, you are not defaming someone’s character: _____________________.

When a statement is true, it means that it accurately reflects the reality or facts about a person's character. Defamation involves making false statements that harm someone's reputation, so if the statement is true, it cannot be considered defamatory. In such circumstances, stating the truth about someone's character does not amount to defamation as it is based on factual information rather than false claims.

Explanation

When a statement is true, it means that it accurately reflects the reality or facts about a person's character. Defamation involves making false statements that harm someone's reputation, so if the statement is true, it cannot be considered defamatory. In such circumstances, stating the truth about someone's character does not amount to defamation as it is based on factual information rather than false claims.

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29. The 6 primary purposes of tort law are: ______________________ ______________________ ______________________ ______________________ ______________________ ______________________

The 6 primary purposes of tort law are regulation, deterrence, compensation, dispute resolution, education, and prevention. Tort law aims to regulate behavior by setting standards and guidelines for individuals and organizations to follow. It also serves as a deterrent, discouraging potential wrongdoers from engaging in harmful actions. Compensation is provided to victims of tortious acts to help them recover from their losses and damages. Dispute resolution is another purpose, as tort law provides a legal framework for resolving conflicts and disputes between parties. Education is important to ensure that individuals are aware of their rights and responsibilities under tort law. Lastly, prevention is a key purpose, as tort law seeks to prevent future harm by holding wrongdoers accountable and promoting safer practices.

Explanation

The 6 primary purposes of tort law are regulation, deterrence, compensation, dispute resolution, education, and prevention. Tort law aims to regulate behavior by setting standards and guidelines for individuals and organizations to follow. It also serves as a deterrent, discouraging potential wrongdoers from engaging in harmful actions. Compensation is provided to victims of tortious acts to help them recover from their losses and damages. Dispute resolution is another purpose, as tort law provides a legal framework for resolving conflicts and disputes between parties. Education is important to ensure that individuals are aware of their rights and responsibilities under tort law. Lastly, prevention is a key purpose, as tort law seeks to prevent future harm by holding wrongdoers accountable and promoting safer practices.

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30. The "players" in the legal sytem are (there are 6 of them)
______________________________
______________________________
______________________________
______________________________
______________________________
______________________________

The "players" in the legal system are lawyers, legislators, judges, jurors, clients, and police. These individuals all have important roles within the legal system. Lawyers provide legal representation and advice to clients, legislators create and amend laws, judges preside over legal cases and make decisions, jurors participate in the trial process and determine guilt or innocence, clients seek legal assistance and have their rights protected, and police enforce laws and investigate crimes. Each of these players contributes to the functioning of the legal system and helps ensure justice is served.

Explanation

The "players" in the legal system are lawyers, legislators, judges, jurors, clients, and police. These individuals all have important roles within the legal system. Lawyers provide legal representation and advice to clients, legislators create and amend laws, judges preside over legal cases and make decisions, jurors participate in the trial process and determine guilt or innocence, clients seek legal assistance and have their rights protected, and police enforce laws and investigate crimes. Each of these players contributes to the functioning of the legal system and helps ensure justice is served.

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31. ______________ ____________ is when a plaintiff is partly or solely the cause of his or her own injury.

Contributory negligence refers to a situation in which the plaintiff is partially or completely responsible for their own injury. In legal terms, this means that the plaintiff's own actions or negligence contributed to the harm they suffered. This concept is important in determining liability and damages in personal injury cases. If contributory negligence is proven, it can reduce or even eliminate the plaintiff's ability to recover compensation from the defendant.

Explanation

Contributory negligence refers to a situation in which the plaintiff is partially or completely responsible for their own injury. In legal terms, this means that the plaintiff's own actions or negligence contributed to the harm they suffered. This concept is important in determining liability and damages in personal injury cases. If contributory negligence is proven, it can reduce or even eliminate the plaintiff's ability to recover compensation from the defendant.

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32. 3______ __________ is when a defendant is automatically liable even though no injury has occurred – not following government codes and regulations will result in this type of liability.

Strict liability is a legal concept where a defendant can be held liable for their actions or products, regardless of fault or intent, if they cause harm to another person or property. This means that even if no injury has occurred, if the defendant fails to follow government codes and regulations, they can still be held responsible under strict liability. In other words, strict liability imposes a high level of responsibility on individuals or companies to ensure compliance with safety standards and regulations, regardless of whether harm actually occurs.

Explanation

Strict liability is a legal concept where a defendant can be held liable for their actions or products, regardless of fault or intent, if they cause harm to another person or property. This means that even if no injury has occurred, if the defendant fails to follow government codes and regulations, they can still be held responsible under strict liability. In other words, strict liability imposes a high level of responsibility on individuals or companies to ensure compliance with safety standards and regulations, regardless of whether harm actually occurs.

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33. ____________ laws are thoes that are just and justifable on __________, _________ or _________ grounds

Natural laws are those that are based on the inherent principles of nature and the physical world. Moral laws are based on ethical principles and the distinction between right and wrong. Religious laws are based on the teachings and beliefs of a particular religion. Philosophical laws are based on logical reasoning and philosophical principles. These four types of laws can be considered just and justifiable based on their respective foundations in nature, ethics, religion, and philosophy.

Explanation

Natural laws are those that are based on the inherent principles of nature and the physical world. Moral laws are based on ethical principles and the distinction between right and wrong. Religious laws are based on the teachings and beliefs of a particular religion. Philosophical laws are based on logical reasoning and philosophical principles. These four types of laws can be considered just and justifiable based on their respective foundations in nature, ethics, religion, and philosophy.

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34. __________ laws are laws enacted by a body having the authority to enact and enforce them.

Positive laws are laws that are enacted and enforced by a governing body. These laws are created and implemented by a legal authority, such as a legislative body or government, to regulate and govern a society. Positive laws are binding and enforceable, and they establish the legal rights and obligations of individuals within a jurisdiction. They are distinguished from natural laws or moral laws, which are based on inherent principles or ethical beliefs. Positive laws are essential for maintaining order and providing a framework for the functioning of a legal system.

Explanation

Positive laws are laws that are enacted and enforced by a governing body. These laws are created and implemented by a legal authority, such as a legislative body or government, to regulate and govern a society. Positive laws are binding and enforceable, and they establish the legal rights and obligations of individuals within a jurisdiction. They are distinguished from natural laws or moral laws, which are based on inherent principles or ethical beliefs. Positive laws are essential for maintaining order and providing a framework for the functioning of a legal system.

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35. When the public is mislead into believing that one company’s goods or services are those similar brand or product, this is known as “___________ ____"

Passing off refers to the act of misleading the public into thinking that a company's goods or services are actually those of a similar brand or product. This can occur when a company intentionally creates confusion by imitating the branding, packaging, or overall appearance of another well-known brand. It is a form of unfair competition and can lead to reputational damage and financial loss for the genuine brand.

Explanation

Passing off refers to the act of misleading the public into thinking that a company's goods or services are actually those of a similar brand or product. This can occur when a company intentionally creates confusion by imitating the branding, packaging, or overall appearance of another well-known brand. It is a form of unfair competition and can lead to reputational damage and financial loss for the genuine brand.

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36. Federal legislation cannot become law until it has been passed by both the ____________ and the _________ __ _________ and proclaimed into force by the government general.

Federal legislation cannot become law until it has been passed by both the Senate and the House of Commons and proclaimed into force by the government general. This means that both houses of Parliament, the Senate and the House of Commons, need to approve the legislation before it can become law. The order in which they pass the legislation may vary, but ultimately both houses must give their approval. Once approved, the legislation is then proclaimed into force by the government general, which is the final step in the process of making it law.

Explanation

Federal legislation cannot become law until it has been passed by both the Senate and the House of Commons and proclaimed into force by the government general. This means that both houses of Parliament, the Senate and the House of Commons, need to approve the legislation before it can become law. The order in which they pass the legislation may vary, but ultimately both houses must give their approval. Once approved, the legislation is then proclaimed into force by the government general, which is the final step in the process of making it law.

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37. The theory that law is whatever the judges will enforce is known as__________ ___________.

Legal realism is the theory that suggests that the law is not solely based on written rules and statutes, but is also influenced by the personal beliefs and values of judges. It emphasizes the idea that judges have the power to shape and interpret the law according to their own discretion and societal context. Legal realism challenges the notion that law is objective and fixed, instead highlighting its subjective and dynamic nature.

Explanation

Legal realism is the theory that suggests that the law is not solely based on written rules and statutes, but is also influenced by the personal beliefs and values of judges. It emphasizes the idea that judges have the power to shape and interpret the law according to their own discretion and societal context. Legal realism challenges the notion that law is objective and fixed, instead highlighting its subjective and dynamic nature.

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38. Disclaimers and signed waivers do not guarantee a business from being sued. They may be due to the following reasons: _________________________ _________________________ _________________________

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Explanation

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39. ___________ law is associated with government and the public interest

Public law is associated with government and the public interest. It is a branch of law that deals with the relationship between individuals and the state, as well as the powers and duties of government. Public law encompasses constitutional law, administrative law, and criminal law, among others. It focuses on regulating the behavior of government entities and protecting the rights and interests of the public.

Explanation

Public law is associated with government and the public interest. It is a branch of law that deals with the relationship between individuals and the state, as well as the powers and duties of government. Public law encompasses constitutional law, administrative law, and criminal law, among others. It focuses on regulating the behavior of government entities and protecting the rights and interests of the public.

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40. ____________ laws is enacted and enforced to protect the political security of the state and the personal security of citizens, while __________ law is all the other laws.

Criminal laws are enacted and enforced to protect the political security of the state and the personal security of citizens. These laws deal with offenses that are considered harmful to society as a whole, such as murder, theft, and assault. Violations of criminal laws can result in penalties such as imprisonment or fines. On the other hand, civil law encompasses all other laws that do not fall under criminal law. Civil laws govern disputes between individuals or organizations, such as contracts, property rights, and family matters. Violations of civil laws typically result in compensatory measures, such as monetary damages or injunctions.

Explanation

Criminal laws are enacted and enforced to protect the political security of the state and the personal security of citizens. These laws deal with offenses that are considered harmful to society as a whole, such as murder, theft, and assault. Violations of criminal laws can result in penalties such as imprisonment or fines. On the other hand, civil law encompasses all other laws that do not fall under criminal law. Civil laws govern disputes between individuals or organizations, such as contracts, property rights, and family matters. Violations of civil laws typically result in compensatory measures, such as monetary damages or injunctions.

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41. Section 91 on the BNA Act define powers of the ____________ government, while Section 92 defines the powers of the ______________ government.

Section 91 of the BNA Act defines the powers of the federal government, while Section 92 defines the powers of the provincial government. This means that Section 91 outlines the areas in which the federal government has authority, such as national defense and international relations, while Section 92 outlines the areas in which the provincial government has authority, such as education and healthcare. This division of powers ensures a clear delineation of responsibilities between the two levels of government in Canada.

Explanation

Section 91 of the BNA Act defines the powers of the federal government, while Section 92 defines the powers of the provincial government. This means that Section 91 outlines the areas in which the federal government has authority, such as national defense and international relations, while Section 92 outlines the areas in which the provincial government has authority, such as education and healthcare. This division of powers ensures a clear delineation of responsibilities between the two levels of government in Canada.

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42. The ___________ government reigns supreme when the responsibility between federal and provincial governments overlap.

When the responsibility between federal and provincial governments overlap, the federal government reigns supreme. This means that in situations where there is a conflict or confusion regarding which level of government should have authority, the federal government's power takes precedence. This is because the federal government is responsible for overseeing and maintaining the unity and integrity of the entire country, while provincial governments have more localized powers. Therefore, in cases of overlap, the federal government's authority is considered higher and final.

Explanation

When the responsibility between federal and provincial governments overlap, the federal government reigns supreme. This means that in situations where there is a conflict or confusion regarding which level of government should have authority, the federal government's power takes precedence. This is because the federal government is responsible for overseeing and maintaining the unity and integrity of the entire country, while provincial governments have more localized powers. Therefore, in cases of overlap, the federal government's authority is considered higher and final.

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44. _____________ law is the procedures through which substantive rights are protected

Procedural law refers to the set of rules and processes that govern how legal proceedings are conducted. It outlines the steps and methods that must be followed in order to protect and enforce substantive rights. Procedural law ensures that individuals have a fair and orderly process in place to resolve disputes and seek justice. It includes elements such as court procedures, rules of evidence, and the right to a fair trial. By adhering to procedural law, the legal system ensures that the rights and interests of all parties involved are safeguarded.

Explanation

Procedural law refers to the set of rules and processes that govern how legal proceedings are conducted. It outlines the steps and methods that must be followed in order to protect and enforce substantive rights. Procedural law ensures that individuals have a fair and orderly process in place to resolve disputes and seek justice. It includes elements such as court procedures, rules of evidence, and the right to a fair trial. By adhering to procedural law, the legal system ensures that the rights and interests of all parties involved are safeguarded.

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45. ________ _______ is the term used when one level of government passes a law which is actually within the realm of responsibility covered by another level of government.

Ultra vires is the term used when one level of government passes a law that falls outside of its legal authority or jurisdiction. In this context, it refers to a situation where a law is passed by a level of government that exceeds its powers and encroaches upon the responsibilities of another level of government. This can create conflicts and legal challenges as it goes beyond the scope of the governing body's authority.

Explanation

Ultra vires is the term used when one level of government passes a law that falls outside of its legal authority or jurisdiction. In this context, it refers to a situation where a law is passed by a level of government that exceeds its powers and encroaches upon the responsibilities of another level of government. This can create conflicts and legal challenges as it goes beyond the scope of the governing body's authority.

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46. If all twelve jurors cannot agree, the jurors will be _____________, and a new trial will take place.

If all twelve jurors cannot agree, it means that they are unable to reach a unanimous decision. In such a situation, the jurors will be discharged, which means they will be released from their duties and responsibilities as jurors. A new trial will then take place, allowing a new set of jurors to deliberate and reach a verdict.

Explanation

If all twelve jurors cannot agree, it means that they are unable to reach a unanimous decision. In such a situation, the jurors will be discharged, which means they will be released from their duties and responsibilities as jurors. A new trial will then take place, allowing a new set of jurors to deliberate and reach a verdict.

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47. The prime minister who signed the Canadian Bill of Rights is _______ _____________.

John Diefenbaker is the correct answer because he was the prime minister of Canada who signed the Canadian Bill of Rights. He served as the 13th prime minister of Canada from 1957 to 1963 and was known for his commitment to civil liberties and human rights. The Canadian Bill of Rights, enacted in 1960, was an important step in protecting individual rights and freedoms in Canada.

Explanation

John Diefenbaker is the correct answer because he was the prime minister of Canada who signed the Canadian Bill of Rights. He served as the 13th prime minister of Canada from 1957 to 1963 and was known for his commitment to civil liberties and human rights. The Canadian Bill of Rights, enacted in 1960, was an important step in protecting individual rights and freedoms in Canada.

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48. Can employers ever test for drug and alcohol dependency? ____, once a written offer of employment has been submitted to the employee, providing the testing is related to the employee’s ability to perform the essential duties of the job.

Employers can test for drug and alcohol dependency once a written offer of employment has been submitted to the employee, as long as the testing is directly related to the employee's ability to perform the essential duties of the job. This means that employers can conduct such tests to ensure that the employee is fit for the position and can safely and effectively carry out their responsibilities.

Explanation

Employers can test for drug and alcohol dependency once a written offer of employment has been submitted to the employee, as long as the testing is directly related to the employee's ability to perform the essential duties of the job. This means that employers can conduct such tests to ensure that the employee is fit for the position and can safely and effectively carry out their responsibilities.

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49. If people felt they would be treated unfairly by the common law judges, they could appeal directly to the King. The King set up the Court of Chancery to disperse justice on a more equitable basis, without reference to common law precedent. _______________ law is the body of decisions made by the judges in this court.

The correct answer is "equity." The passage explains that the Court of Chancery was established by the King to provide justice in a fair and equitable manner, without being bound by common law precedent. Therefore, the body of decisions made by the judges in this court is known as "equity."

Explanation

The correct answer is "equity." The passage explains that the Court of Chancery was established by the King to provide justice in a fair and equitable manner, without being bound by common law precedent. Therefore, the body of decisions made by the judges in this court is known as "equity."

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50. _____________ law is the accumulated body of decisions made by the judges appointed by ________ _________ II.

Common law is the accumulated body of decisions made by judges appointed by King Henry II. Common law refers to the legal system where decisions made by judges in previous cases are used as precedents to determine the outcome of similar cases in the future. King Henry II played a significant role in the development of common law in England during the 12th century. He established a centralized system of justice and appointed judges to hear and decide cases, which led to the growth and standardization of common law.

Explanation

Common law is the accumulated body of decisions made by judges appointed by King Henry II. Common law refers to the legal system where decisions made by judges in previous cases are used as precedents to determine the outcome of similar cases in the future. King Henry II played a significant role in the development of common law in England during the 12th century. He established a centralized system of justice and appointed judges to hear and decide cases, which led to the growth and standardization of common law.

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51. Benefits and obligations under a contract are usually confined to the parties within it; this is an example of ___________ ___ _____________.

Privity of contract refers to the legal concept that the benefits and obligations of a contract are limited to the parties involved in the agreement. This means that only those who are directly involved in the contract have the rights and responsibilities outlined in it. Other third parties who are not part of the contract generally do not have any legal standing to enforce or be bound by its terms. Therefore, the given answer correctly identifies the concept of privity of contract as an explanation for the statement provided.

Explanation

Privity of contract refers to the legal concept that the benefits and obligations of a contract are limited to the parties involved in the agreement. This means that only those who are directly involved in the contract have the rights and responsibilities outlined in it. Other third parties who are not part of the contract generally do not have any legal standing to enforce or be bound by its terms. Therefore, the given answer correctly identifies the concept of privity of contract as an explanation for the statement provided.

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52. _________ ___________is the legal principle by which judges are required to follow the precedents set by equivalent and higher courts. We want it rather than have each case decided individually because this makes law more ____________ and _____________.

Stare Decisis is the legal principle by which judges are required to follow the precedents set by equivalent and higher courts. We want it rather than have each case decided individually because this makes law more predictable and constant. This means that previous decisions serve as a basis for future cases, providing consistency and stability in the legal system.

Explanation

Stare Decisis is the legal principle by which judges are required to follow the precedents set by equivalent and higher courts. We want it rather than have each case decided individually because this makes law more predictable and constant. This means that previous decisions serve as a basis for future cases, providing consistency and stability in the legal system.

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53. _______________ law and _______________ law later merged together.

Common law and equity law later merged together. Common law refers to the body of law derived from judicial decisions and custom, while equity law refers to a system of law that provides remedies when monetary damages are inadequate. The merging of these two laws occurred to bring fairness and justice to legal proceedings. The combination of common law and equity law allows for a comprehensive legal system that considers both legal principles and equitable considerations in resolving disputes.

Explanation

Common law and equity law later merged together. Common law refers to the body of law derived from judicial decisions and custom, while equity law refers to a system of law that provides remedies when monetary damages are inadequate. The merging of these two laws occurred to bring fairness and justice to legal proceedings. The combination of common law and equity law allows for a comprehensive legal system that considers both legal principles and equitable considerations in resolving disputes.

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54. The Four purposes of sentencing are: ___________ _____________ ___________ _____________ ________________________ ________ __ ____ __________

The correct answer is specific deterrence; general deterrence; rehabilitation; protection of the public. These four purposes of sentencing outline the goals that the criminal justice system aims to achieve through the imposition of penalties. Specific deterrence refers to the punishment given to an individual to deter them from committing future offenses. General deterrence aims to discourage others in society from engaging in criminal behavior. Rehabilitation focuses on reforming offenders and helping them reintegrate into society. Protection of the public ensures that the community is safeguarded from potential harm posed by the offender.

Explanation

The correct answer is specific deterrence; general deterrence; rehabilitation; protection of the public. These four purposes of sentencing outline the goals that the criminal justice system aims to achieve through the imposition of penalties. Specific deterrence refers to the punishment given to an individual to deter them from committing future offenses. General deterrence aims to discourage others in society from engaging in criminal behavior. Rehabilitation focuses on reforming offenders and helping them reintegrate into society. Protection of the public ensures that the community is safeguarded from potential harm posed by the offender.

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55. ______ ______ means ``guilty mind``

Mens rea is a Latin term that translates to "guilty mind" in English. It refers to the mental state or intention of a person while committing a crime. It is an important concept in criminal law as it helps to determine the level of culpability and intent of the accused. Mens rea takes into account factors such as knowledge, intention, recklessness, and negligence, and is often considered alongside the physical act (actus reus) when determining criminal liability.

Explanation

Mens rea is a Latin term that translates to "guilty mind" in English. It refers to the mental state or intention of a person while committing a crime. It is an important concept in criminal law as it helps to determine the level of culpability and intent of the accused. Mens rea takes into account factors such as knowledge, intention, recklessness, and negligence, and is often considered alongside the physical act (actus reus) when determining criminal liability.

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56. The ________________ stage of the civil action is where issues, facts, and evidence are placed on the table. Each party can examine the other party under the oath.

In the discoveries stage of a civil action, both parties have the opportunity to present their issues, facts, and evidence. This stage allows each party to examine the other party under oath, which helps to gather information and uncover any relevant details that may be beneficial to their case. It is a crucial step in the legal process as it helps to ensure a fair and transparent trial by allowing both sides to fully understand and evaluate the evidence and arguments presented by the opposing party.

Explanation

In the discoveries stage of a civil action, both parties have the opportunity to present their issues, facts, and evidence. This stage allows each party to examine the other party under oath, which helps to gather information and uncover any relevant details that may be beneficial to their case. It is a crucial step in the legal process as it helps to ensure a fair and transparent trial by allowing both sides to fully understand and evaluate the evidence and arguments presented by the opposing party.

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57. In a criminal procedure, there are 3 types of offences. They are: ____________ ____________ (minor) ________________________ (serious) ________________________ (the Crown chooses whether to proceed summarily or by indictment)

In a criminal procedure, there are three types of offences. The first type is a summary conviction offence, which is considered minor. The second type is an indictable offence, which is more serious. The third type is a hybrid offence, where the Crown has the discretion to choose whether to proceed summarily or by indictment.

Explanation

In a criminal procedure, there are three types of offences. The first type is a summary conviction offence, which is considered minor. The second type is an indictable offence, which is more serious. The third type is a hybrid offence, where the Crown has the discretion to choose whether to proceed summarily or by indictment.

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58. ______ ______ means ``guilty act``.

Actus reus is a Latin term that refers to the "guilty act" in criminal law. It encompasses the physical act or behavior that is considered illegal or prohibited by law. In order to establish criminal liability, both actus reus and mens rea (guilty mind) must be present. Actus reus can include actions such as theft, assault, or any other unlawful behavior. It is an essential element in determining criminal responsibility and is necessary to prove that a crime has been committed.

Explanation

Actus reus is a Latin term that refers to the "guilty act" in criminal law. It encompasses the physical act or behavior that is considered illegal or prohibited by law. In order to establish criminal liability, both actus reus and mens rea (guilty mind) must be present. Actus reus can include actions such as theft, assault, or any other unlawful behavior. It is an essential element in determining criminal responsibility and is necessary to prove that a crime has been committed.

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59. The 6 divisions of law are: ________________________ ________________________ ________________________ ________________________ ________________________ ________________________

The correct answer is criminal; civil; private; public; substantive; procedural. The divisions of law are categorized into criminal law, which deals with crimes and punishment; civil law, which deals with disputes between individuals or organizations; private law, which governs relationships between individuals or organizations; public law, which governs the relationship between individuals or organizations and the government; substantive law, which defines rights and obligations; and procedural law, which outlines the process for enforcing legal rights and resolving disputes.

Explanation

The correct answer is criminal; civil; private; public; substantive; procedural. The divisions of law are categorized into criminal law, which deals with crimes and punishment; civil law, which deals with disputes between individuals or organizations; private law, which governs relationships between individuals or organizations; public law, which governs the relationship between individuals or organizations and the government; substantive law, which defines rights and obligations; and procedural law, which outlines the process for enforcing legal rights and resolving disputes.

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60. Appeals are limited to matters of ____________, not _____________.

Appeals are limited to matters of law, not fact. This means that when a case is appealed, the higher court will review the legal aspects of the case, such as whether the lower court correctly applied the law or made any legal errors. However, the higher court will generally not reexamine the facts of the case or make determinations about the credibility of witnesses. The purpose of an appeal is to ensure that the law was correctly interpreted and applied, rather than to re-litigate the entire case based on new evidence or different interpretations of the facts.

Explanation

Appeals are limited to matters of law, not fact. This means that when a case is appealed, the higher court will review the legal aspects of the case, such as whether the lower court correctly applied the law or made any legal errors. However, the higher court will generally not reexamine the facts of the case or make determinations about the credibility of witnesses. The purpose of an appeal is to ensure that the law was correctly interpreted and applied, rather than to re-litigate the entire case based on new evidence or different interpretations of the facts.

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61. In a criminal case, the Crown must prove its case beyond a reasonable doubt; this is defined as ___% probability.

In a criminal case, the Crown must prove its case beyond a reasonable doubt, which means that there should be a 98% probability of guilt. This high standard of proof is necessary to ensure that innocent individuals are not wrongfully convicted. By requiring such a high level of certainty, the legal system aims to protect the rights and freedoms of the accused.

Explanation

In a criminal case, the Crown must prove its case beyond a reasonable doubt, which means that there should be a 98% probability of guilt. This high standard of proof is necessary to ensure that innocent individuals are not wrongfully convicted. By requiring such a high level of certainty, the legal system aims to protect the rights and freedoms of the accused.

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62. ____________ law is associated with interpersonal matters

Private law is associated with interpersonal matters. This branch of law deals with legal disputes between individuals or entities, such as contracts, property rights, and family law. Private law governs the relationships and interactions between individuals, rather than the relationships between individuals and the government. It focuses on protecting the rights and interests of individuals in their personal and business affairs.

Explanation

Private law is associated with interpersonal matters. This branch of law deals with legal disputes between individuals or entities, such as contracts, property rights, and family law. Private law governs the relationships and interactions between individuals, rather than the relationships between individuals and the government. It focuses on protecting the rights and interests of individuals in their personal and business affairs.

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63. __________ law are non-criminal resolution of disputes

Civil law refers to the legal system that deals with private disputes between individuals or organizations. It is a branch of law that focuses on resolving conflicts and providing remedies for harm caused, rather than punishing criminal behavior. Civil law covers a wide range of matters such as contracts, property, torts, and family law. In contrast to criminal law, which involves offenses against society as a whole, civil law primarily aims to protect the rights and interests of individuals. Therefore, the correct answer is "civil" as it accurately describes the type of law that deals with non-criminal resolution of disputes.

Explanation

Civil law refers to the legal system that deals with private disputes between individuals or organizations. It is a branch of law that focuses on resolving conflicts and providing remedies for harm caused, rather than punishing criminal behavior. Civil law covers a wide range of matters such as contracts, property, torts, and family law. In contrast to criminal law, which involves offenses against society as a whole, civil law primarily aims to protect the rights and interests of individuals. Therefore, the correct answer is "civil" as it accurately describes the type of law that deals with non-criminal resolution of disputes.

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64. _____________ law are rights and remedies

Substantive law refers to the laws that define the rights and obligations of individuals and provide remedies for violations. It establishes the legal rights and duties of individuals, organizations, and governments. This type of law focuses on the substance of the legal matter, rather than the procedures or technicalities involved. Substantive law is concerned with the principles and rules that govern various legal issues, such as contracts, property, torts, and criminal offenses. It is the opposite of procedural law, which deals with the rules and processes for enforcing substantive law.

Explanation

Substantive law refers to the laws that define the rights and obligations of individuals and provide remedies for violations. It establishes the legal rights and duties of individuals, organizations, and governments. This type of law focuses on the substance of the legal matter, rather than the procedures or technicalities involved. Substantive law is concerned with the principles and rules that govern various legal issues, such as contracts, property, torts, and criminal offenses. It is the opposite of procedural law, which deals with the rules and processes for enforcing substantive law.

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65. Discrimination ________ __ ________ is when one person is favoured over another because they are more skilled than the other person.

Discrimination based on merit refers to the practice of favoring one person over another based on their skills and abilities. In this context, the correct answer suggests that discrimination occurs when someone is preferred or given an advantage because they are more skilled than another person. This implies that merit, or the individual's qualifications and capabilities, is the determining factor in the discriminatory action.

Explanation

Discrimination based on merit refers to the practice of favoring one person over another based on their skills and abilities. In this context, the correct answer suggests that discrimination occurs when someone is preferred or given an advantage because they are more skilled than another person. This implies that merit, or the individual's qualifications and capabilities, is the determining factor in the discriminatory action.

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66. The fundamental freedoms in Section 2 of the Charter are (there are 4 of the): Freedom of ______________ and ______________ Freedom of ___________, ___________, ___________ and expression, including freedom of the press Freedom of ___________ ___________ Freedom of ___________

The correct answer includes the fundamental freedoms outlined in Section 2 of the Charter. These freedoms include conscience, religion, thought, belief, opinion, peaceful assembly, and association. These freedoms protect individuals' rights to hold and express their own beliefs, thoughts, and opinions, as well as their right to gather peacefully and associate with others. These freedoms are crucial in promoting and protecting individual autonomy and diversity of ideas in a democratic society.

Explanation

The correct answer includes the fundamental freedoms outlined in Section 2 of the Charter. These freedoms include conscience, religion, thought, belief, opinion, peaceful assembly, and association. These freedoms protect individuals' rights to hold and express their own beliefs, thoughts, and opinions, as well as their right to gather peacefully and associate with others. These freedoms are crucial in promoting and protecting individual autonomy and diversity of ideas in a democratic society.

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67. The Constitution Act and the enactment of the Canadian Charter of Rights and Freedom are significant because _________ ________ are protected regardless of the government in power.

The Constitution Act and the Canadian Charter of Rights and Freedoms are significant because they ensure that human rights and freedom are protected, regardless of which political party is in power. These documents establish a framework for the rights and freedoms of all individuals in Canada, ensuring that they are not subject to the whims of any particular government. This provides a stable and consistent protection of human rights and freedom for all Canadians.

Explanation

The Constitution Act and the Canadian Charter of Rights and Freedoms are significant because they ensure that human rights and freedom are protected, regardless of which political party is in power. These documents establish a framework for the rights and freedoms of all individuals in Canada, ensuring that they are not subject to the whims of any particular government. This provides a stable and consistent protection of human rights and freedom for all Canadians.

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68. A fiduciary relationship exists when one person has the power to affect another person’s ___________ or _________interests. A person in this position has a duty to protect the interests of the other.

A fiduciary relationship exists when one person has the power to affect another person's property or legal interests. In this position, the person has a duty to protect the interests of the other. This means that the person with the power must act in the best interest of the other person and not use their power for personal gain or to harm the other person. The fiduciary has a legal obligation to prioritize the interests of the other person and ensure that their property and legal rights are protected.

Explanation

A fiduciary relationship exists when one person has the power to affect another person's property or legal interests. In this position, the person has a duty to protect the interests of the other. This means that the person with the power must act in the best interest of the other person and not use their power for personal gain or to harm the other person. The fiduciary has a legal obligation to prioritize the interests of the other person and ensure that their property and legal rights are protected.

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69.

Can a business be found liable for discrimination if it is not wheel chair accessible? ____

A business can be found liable for discrimination if it is not wheelchair accessible because it violates the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities. The ADA requires businesses to make reasonable accommodations to ensure equal access for individuals with disabilities, including providing wheelchair accessibility. Therefore, if a business fails to provide wheelchair accessibility, it can be held liable for discrimination.

Explanation

A business can be found liable for discrimination if it is not wheelchair accessible because it violates the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities. The ADA requires businesses to make reasonable accommodations to ensure equal access for individuals with disabilities, including providing wheelchair accessibility. Therefore, if a business fails to provide wheelchair accessibility, it can be held liable for discrimination.

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70. The latin term for "you have the body" is __________ __________.

The Latin term "habeas corpus" translates to "you have the body" in English. This legal term refers to a writ or legal action that requires a person under arrest to be brought before a judge or court, ensuring that their detention is lawful. The phrase habeas corpus is commonly used in the context of protecting individual rights and preventing unlawful imprisonment.

Explanation

The Latin term "habeas corpus" translates to "you have the body" in English. This legal term refers to a writ or legal action that requires a person under arrest to be brought before a judge or court, ensuring that their detention is lawful. The phrase habeas corpus is commonly used in the context of protecting individual rights and preventing unlawful imprisonment.

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71. The CHRA (Canadian Human Rights Act) defines discrimination as treating people ___________, ___________ or ___________ without good reason.

The CHRA (Canadian Human Rights Act) defines discrimination as treating people differently, negatively, or adversely without good reason. This means that if someone is treated in a way that is different, negative, or harmful without a valid justification, it is considered discrimination according to the CHRA.

Explanation

The CHRA (Canadian Human Rights Act) defines discrimination as treating people differently, negatively, or adversely without good reason. This means that if someone is treated in a way that is different, negative, or harmful without a valid justification, it is considered discrimination according to the CHRA.

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72. The hospitality industry is vulnerable to ______ ___________cases because many businesses use sex in some fashion to attract customers.

The correct answer is sexual harassment. The hospitality industry often relies on using sex or sexualized imagery to attract customers, which can create an environment where sexual harassment is more likely to occur. This can include inappropriate comments, unwanted advances, or other forms of sexual misconduct. Due to this reliance on sexual appeal, the industry is particularly vulnerable to cases of sexual harassment.

Explanation

The correct answer is sexual harassment. The hospitality industry often relies on using sex or sexualized imagery to attract customers, which can create an environment where sexual harassment is more likely to occur. This can include inappropriate comments, unwanted advances, or other forms of sexual misconduct. Due to this reliance on sexual appeal, the industry is particularly vulnerable to cases of sexual harassment.

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73. ___________ liability is legal responsibility for the negligence of another person.

Vicarious liability refers to the legal responsibility an individual or entity holds for the negligence or wrongful actions of another person. This means that even if someone did not directly cause harm or engage in negligent behavior themselves, they can still be held liable for the actions of someone under their supervision or control. This concept is often applied in employer-employee relationships, where employers can be held responsible for the actions of their employees while they are performing job duties. Vicarious liability allows for accountability and ensures that those in positions of authority take responsibility for the actions of those under their supervision.

Explanation

Vicarious liability refers to the legal responsibility an individual or entity holds for the negligence or wrongful actions of another person. This means that even if someone did not directly cause harm or engage in negligent behavior themselves, they can still be held liable for the actions of someone under their supervision or control. This concept is often applied in employer-employee relationships, where employers can be held responsible for the actions of their employees while they are performing job duties. Vicarious liability allows for accountability and ensures that those in positions of authority take responsibility for the actions of those under their supervision.

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74. Can employers test for drug or alcohol dependency during the initial job application process? ____, because dependency is considered a handicap.

Employers cannot test for drug or alcohol dependency during the initial job application process because dependency is considered a handicap. This means that it is protected under the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities, including those with substance abuse disorders. Therefore, employers cannot use drug or alcohol tests as a basis for denying employment to someone with a dependency issue.

Explanation

Employers cannot test for drug or alcohol dependency during the initial job application process because dependency is considered a handicap. This means that it is protected under the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities, including those with substance abuse disorders. Therefore, employers cannot use drug or alcohol tests as a basis for denying employment to someone with a dependency issue.

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75. Section 33 of the Charter allows a legislation to __________ ____ ___________.

Section 33 of the Charter allows a legislation to override the Charter. This means that in certain circumstances, the government can pass laws that may infringe upon the rights and freedoms protected by the Charter. However, this power is not unlimited, as the legislation must include a statement of justification and can only be in effect for a maximum of five years. This provision allows for a balance between individual rights and the collective interests of society.

Explanation

Section 33 of the Charter allows a legislation to override the Charter. This means that in certain circumstances, the government can pass laws that may infringe upon the rights and freedoms protected by the Charter. However, this power is not unlimited, as the legislation must include a statement of justification and can only be in effect for a maximum of five years. This provision allows for a balance between individual rights and the collective interests of society.

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76. The provinces deal with the fact that the Charter is only binding upon governments, their agencies and departments by passing provincial human rights legislation to cover _______________ and ________________.

The provinces address the limitation of the Charter being applicable only to governments, their agencies, and departments by enacting provincial human rights legislation. This legislation extends the coverage to both individuals and corporations, ensuring that their actions and behaviors are also subject to human rights standards.

Explanation

The provinces address the limitation of the Charter being applicable only to governments, their agencies, and departments by enacting provincial human rights legislation. This legislation extends the coverage to both individuals and corporations, ensuring that their actions and behaviors are also subject to human rights standards.

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77. Does a blind person need to prove they are blind before they bring their seeing eye dog into a restaurant? ____.

Blind people do not need to prove their blindness before bringing their seeing eye dog into a restaurant. The use of a seeing eye dog is a recognized accommodation for individuals with visual impairments, and it is protected by laws such as the Americans with Disabilities Act (ADA). These laws prohibit discrimination based on disability and require businesses to allow service animals, including seeing eye dogs, to accompany their owners in public places. Therefore, blind individuals do not need to provide proof of their disability when bringing their seeing eye dog into a restaurant.

Explanation

Blind people do not need to prove their blindness before bringing their seeing eye dog into a restaurant. The use of a seeing eye dog is a recognized accommodation for individuals with visual impairments, and it is protected by laws such as the Americans with Disabilities Act (ADA). These laws prohibit discrimination based on disability and require businesses to allow service animals, including seeing eye dogs, to accompany their owners in public places. Therefore, blind individuals do not need to provide proof of their disability when bringing their seeing eye dog into a restaurant.

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78. Under what exception do police do not need a warrant to search your residence and/or business? (there are 4 of them) __________ searches ________ made in connection with an arrest __________ exception The ______ _______ doctrine.

The correct answer is "consent; searches; emergency; plain view." Under the consent exception, police do not need a warrant if the person willingly gives permission for the search. Searches made in connection with an arrest are allowed without a warrant to ensure officer safety and prevent the destruction of evidence. The emergency exception allows police to search without a warrant if there is an immediate threat to life or property. The plain view doctrine allows police to seize evidence without a warrant if it is in plain sight and immediately apparent that it is illegal.

Explanation

The correct answer is "consent; searches; emergency; plain view." Under the consent exception, police do not need a warrant if the person willingly gives permission for the search. Searches made in connection with an arrest are allowed without a warrant to ensure officer safety and prevent the destruction of evidence. The emergency exception allows police to search without a warrant if there is an immediate threat to life or property. The plain view doctrine allows police to seize evidence without a warrant if it is in plain sight and immediately apparent that it is illegal.

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79. Habeas corpus means “___ _____ ____ ______”.

The phrase "habeas corpus" is a Latin term that translates to "you have the body." It refers to a legal principle that protects individuals from unlawful detention by requiring authorities to bring a person before a court and justify their imprisonment. The answer accurately reflects the meaning of habeas corpus by stating that it signifies the authority to possess or control a person's body.

Explanation

The phrase "habeas corpus" is a Latin term that translates to "you have the body." It refers to a legal principle that protects individuals from unlawful detention by requiring authorities to bring a person before a court and justify their imprisonment. The answer accurately reflects the meaning of habeas corpus by stating that it signifies the authority to possess or control a person's body.

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80. Is nepotism (favouritism shown to relatives or close friends by those in power) legal? ____.

Nepotism, which refers to favoritism shown to relatives or close friends by those in power, is not illegal in most cases. While it may be considered unethical or unfair, there are generally no laws that specifically prohibit it. However, in certain contexts, such as government or corporate settings, there may be regulations or policies in place to prevent nepotism and ensure fair practices in hiring and promotions. Therefore, the answer "yes" indicates that nepotism is generally legal, but it is important to consider the specific circumstances and regulations that may apply.

Explanation

Nepotism, which refers to favoritism shown to relatives or close friends by those in power, is not illegal in most cases. While it may be considered unethical or unfair, there are generally no laws that specifically prohibit it. However, in certain contexts, such as government or corporate settings, there may be regulations or policies in place to prevent nepotism and ensure fair practices in hiring and promotions. Therefore, the answer "yes" indicates that nepotism is generally legal, but it is important to consider the specific circumstances and regulations that may apply.

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81. A legally binding contract be can be either _________ or __________.

A legally binding contract can be either oral or written. This means that a contract can be formed through a verbal agreement or through a written document. Both forms of contracts hold legal weight and can be enforceable in a court of law.

Explanation

A legally binding contract can be either oral or written. This means that a contract can be formed through a verbal agreement or through a written document. Both forms of contracts hold legal weight and can be enforceable in a court of law.

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82. A void contract is one that has no __________ effect. A contract may be declared by a judge to be void if it is for _____________ purposes, or if one of the six essential elements is missing.

A void contract is one that has no legal effect. A contract may be declared by a judge to be void if it is for illegal purposes, or if one of the six essential elements is missing.

Explanation

A void contract is one that has no legal effect. A contract may be declared by a judge to be void if it is for illegal purposes, or if one of the six essential elements is missing.

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83. If a contract is declared void because it is illegal, will the judge make an effort to return the parties to the position they were in prior to the contract? ______

When a contract is declared void due to illegality, the judge will not make an effort to return the parties to their previous position. This is because an illegal contract is considered void ab initio, meaning it is treated as if it never existed. Therefore, the parties are not entitled to any remedies or restitution for the contract. The illegality of the contract renders it unenforceable, and the parties are left without any legal recourse.

Explanation

When a contract is declared void due to illegality, the judge will not make an effort to return the parties to their previous position. This is because an illegal contract is considered void ab initio, meaning it is treated as if it never existed. Therefore, the parties are not entitled to any remedies or restitution for the contract. The illegality of the contract renders it unenforceable, and the parties are left without any legal recourse.

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84. 3 common mistakes the law recognizes are: ___________________ ___________________ ___________________

The correct answer is mutual; common; unilateral. The law recognizes three common mistakes, meaning mistakes that are frequently made. These mistakes can be mutual, meaning both parties are mistaken, common, meaning they occur frequently, or unilateral, meaning only one party is mistaken.

Explanation

The correct answer is mutual; common; unilateral. The law recognizes three common mistakes, meaning mistakes that are frequently made. These mistakes can be mutual, meaning both parties are mistaken, common, meaning they occur frequently, or unilateral, meaning only one party is mistaken.

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85. Promises made under a _____________ are binding even in the absence of consideration.

Promises made under a seal are binding even in the absence of consideration. In legal terms, a seal is a formal mark or symbol that is affixed to a document to indicate its authenticity and significance. Historically, documents that were sealed held a higher level of legal enforceability. Therefore, if a promise is made under a seal, it is considered legally binding regardless of whether there is any consideration (a benefit or detriment) exchanged between the parties involved.

Explanation

Promises made under a seal are binding even in the absence of consideration. In legal terms, a seal is a formal mark or symbol that is affixed to a document to indicate its authenticity and significance. Historically, documents that were sealed held a higher level of legal enforceability. Therefore, if a promise is made under a seal, it is considered legally binding regardless of whether there is any consideration (a benefit or detriment) exchanged between the parties involved.

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86. An “_____________ __ _______” merely lets people know that you are ready to accept offers. An offer is when one person actually offers something for something. For example, an advertisement is an invitation to treat. The person responding to the advertisement

An "invitation to treat" is a term used to describe a situation where someone is indicating that they are open to receiving offers. It is not an actual offer itself, but rather an invitation for others to make offers. In this context, the phrase "invitation to treat" is used to explain that an advertisement is not a binding offer, but rather a way to invite potential buyers to make offers. The person responding to the advertisement is the one who would be making the actual offer, based on the invitation to treat.

Explanation

An "invitation to treat" is a term used to describe a situation where someone is indicating that they are open to receiving offers. It is not an actual offer itself, but rather an invitation for others to make offers. In this context, the phrase "invitation to treat" is used to explain that an advertisement is not a binding offer, but rather a way to invite potential buyers to make offers. The person responding to the advertisement is the one who would be making the actual offer, based on the invitation to treat.

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87. 3 kinds of misrepresentation are: ___________________ ___________________ ___________________

The correct answer is "innocent; negligent; fraudulent". This answer is correct because it follows the pattern of listing the types of misrepresentation in the order of least severe to most severe. "Innocent" misrepresentation refers to a false statement made without knowledge of its falsity. "Negligent" misrepresentation refers to a false statement made without reasonable care. "Fraudulent" misrepresentation refers to a false statement made knowingly and with the intent to deceive.

Explanation

The correct answer is "innocent; negligent; fraudulent". This answer is correct because it follows the pattern of listing the types of misrepresentation in the order of least severe to most severe. "Innocent" misrepresentation refers to a false statement made without knowledge of its falsity. "Negligent" misrepresentation refers to a false statement made without reasonable care. "Fraudulent" misrepresentation refers to a false statement made knowingly and with the intent to deceive.

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88. The reason anyone would ever grant another person power of attorney over their affairs is so there is someone to manage _____________, _________ ______, and ___________ __________ ____________ if you are unable to manage these things yourself.

The correct answer is "property; personal care; medical treatment." Granting power of attorney allows someone to manage an individual's property, personal care, and medical treatment if they are unable to do so themselves. This means that the appointed person will have the authority to make decisions and take actions related to these aspects on behalf of the person who granted them power of attorney.

Explanation

The correct answer is "property; personal care; medical treatment." Granting power of attorney allows someone to manage an individual's property, personal care, and medical treatment if they are unable to do so themselves. This means that the appointed person will have the authority to make decisions and take actions related to these aspects on behalf of the person who granted them power of attorney.

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89. The only time it is safe to contract with a minor and know they will be bound by the contract is when the contract is for _____________ or ___________, or for a _____________ of life, such as legal advice, medical treatment, clothing and reasonable transportation. A minor must be able to create valid contracts for things that are beneficial to the minor.

A minor can only be bound by a contract when it is for employment or apprenticeship, or for a necessity of life. This means that if a minor enters into a contract for these purposes, they will be legally obligated to fulfill their obligations under the contract. This is because employment and apprenticeship provide the minor with valuable skills and experience, while necessities of life such as legal advice, medical treatment, clothing, and transportation are essential for their well-being.

Explanation

A minor can only be bound by a contract when it is for employment or apprenticeship, or for a necessity of life. This means that if a minor enters into a contract for these purposes, they will be legally obligated to fulfill their obligations under the contract. This is because employment and apprenticeship provide the minor with valuable skills and experience, while necessities of life such as legal advice, medical treatment, clothing, and transportation are essential for their well-being.

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90. Is one partner liable for contracts which the other partner enters into? _____

In a general partnership, each partner is jointly and severally liable for the contracts entered into by any other partner. This means that if one partner enters into a contract, all partners are legally responsible for fulfilling the obligations and liabilities arising from that contract. This principle is based on the concept of mutual agency, where partners have the authority to bind the partnership and each other in contractual agreements. Therefore, one partner can be held liable for contracts entered into by another partner in a general partnership.

Explanation

In a general partnership, each partner is jointly and severally liable for the contracts entered into by any other partner. This means that if one partner enters into a contract, all partners are legally responsible for fulfilling the obligations and liabilities arising from that contract. This principle is based on the concept of mutual agency, where partners have the authority to bind the partnership and each other in contractual agreements. Therefore, one partner can be held liable for contracts entered into by another partner in a general partnership.

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91. Does it matter to the defence if the accused is guilty of the crime? _____

The defense's primary goal is to protect the rights of the accused, regardless of their guilt or innocence. Their role is to ensure that the accused receives a fair trial and that their rights are upheld throughout the legal process. Therefore, whether the accused is guilty or not does not directly impact the defense's responsibility to provide a strong legal defense and advocate for their client's rights.

Explanation

The defense's primary goal is to protect the rights of the accused, regardless of their guilt or innocence. Their role is to ensure that the accused receives a fair trial and that their rights are upheld throughout the legal process. Therefore, whether the accused is guilty or not does not directly impact the defense's responsibility to provide a strong legal defense and advocate for their client's rights.

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92. Are employees under any obligation to inform his/her present or possible future employers of his/her handicap? ____.

Employees are not obligated to inform their present or possible future employers of their handicap. This means that individuals with disabilities are not required to disclose their disabilities to their employers unless they choose to do so voluntarily. The decision to disclose a handicap is a personal one, and employees have the right to maintain their privacy regarding their disabilities.

Explanation

Employees are not obligated to inform their present or possible future employers of their handicap. This means that individuals with disabilities are not required to disclose their disabilities to their employers unless they choose to do so voluntarily. The decision to disclose a handicap is a personal one, and employees have the right to maintain their privacy regarding their disabilities.

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93. Can a person be refused employment, or fired, on the basis of a criminal record? _____, if a valid pardon has not been granted.

A person can be refused employment or fired on the basis of a criminal record if a valid pardon has not been granted. This means that an employer has the right to consider an individual's criminal history when making decisions about hiring or continued employment. Without a pardon, the criminal record can be seen as a valid reason for refusal or termination.

Explanation

A person can be refused employment or fired on the basis of a criminal record if a valid pardon has not been granted. This means that an employer has the right to consider an individual's criminal history when making decisions about hiring or continued employment. Without a pardon, the criminal record can be seen as a valid reason for refusal or termination.

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94. If a foreign embassy fails to pay for a convention hall, can they be sued? _____

Foreign embassies enjoy diplomatic immunity, which means they are generally exempt from the jurisdiction of the host country's courts. This immunity extends to their financial obligations, including unpaid bills for services such as renting a convention hall. As a result, they cannot be sued for non-payment. This principle is based on the need to maintain international relations and ensure that diplomats can carry out their duties without fear of legal action.

Explanation

Foreign embassies enjoy diplomatic immunity, which means they are generally exempt from the jurisdiction of the host country's courts. This immunity extends to their financial obligations, including unpaid bills for services such as renting a convention hall. As a result, they cannot be sued for non-payment. This principle is based on the need to maintain international relations and ensure that diplomats can carry out their duties without fear of legal action.

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95. ____________ law is the protection of the political security of the state and its citizens

Criminal law is the correct answer because it is the branch of law that deals with crimes committed against the state or its citizens. It focuses on maintaining social order, deterring criminal behavior, and punishing individuals who violate the law. Criminal law aims to protect the political security of the state by ensuring that those who engage in criminal activities are held accountable and face appropriate consequences for their actions.

Explanation

Criminal law is the correct answer because it is the branch of law that deals with crimes committed against the state or its citizens. It focuses on maintaining social order, deterring criminal behavior, and punishing individuals who violate the law. Criminal law aims to protect the political security of the state by ensuring that those who engage in criminal activities are held accountable and face appropriate consequences for their actions.

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96. The ___________ Court of Canada presides over jurisdiction to hear, for example, cases on patents, copyright, trademark, aeronautics, maritime law, inter provincial and federal-provincial disputes.

The Federal Court of Canada is the correct answer because it has the authority to handle various types of cases such as patents, copyright, trademark, aeronautics, maritime law, and inter provincial and federal-provincial disputes. As a federal court, it has jurisdiction over matters that involve federal laws and regulations, making it the appropriate court for these specific types of cases.

Explanation

The Federal Court of Canada is the correct answer because it has the authority to handle various types of cases such as patents, copyright, trademark, aeronautics, maritime law, and inter provincial and federal-provincial disputes. As a federal court, it has jurisdiction over matters that involve federal laws and regulations, making it the appropriate court for these specific types of cases.

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97. A _____________ promise is a promise with no consideration in return (similar to a favour). Failure to perform this type of promise generally has no remedy in law. In such a case there is no contract.

A gratuitous promise is a promise that is made without any expectation of receiving something in return. It is similar to a favor where one person promises to do something for another person out of kindness or generosity. In legal terms, if someone fails to fulfill a gratuitous promise, there is generally no legal remedy available because there is no contract or consideration involved.

Explanation

A gratuitous promise is a promise that is made without any expectation of receiving something in return. It is similar to a favor where one person promises to do something for another person out of kindness or generosity. In legal terms, if someone fails to fulfill a gratuitous promise, there is generally no legal remedy available because there is no contract or consideration involved.

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98. ______________ is when an innocent party can sue for damages.

Repudiation is when one party to a contract refuses to fulfill their obligations, resulting in a breach of contract. In this situation, the innocent party who has been harmed by the breach has the right to sue for damages. They can seek compensation for any losses or harm they have suffered as a result of the other party's repudiation of the contract.

Explanation

Repudiation is when one party to a contract refuses to fulfill their obligations, resulting in a breach of contract. In this situation, the innocent party who has been harmed by the breach has the right to sue for damages. They can seek compensation for any losses or harm they have suffered as a result of the other party's repudiation of the contract.

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99. It is easier to find someone guilty in a civil case rather than a criminal case because burden of proof in a criminal case is ____% (beyond a reasonable doubt), while burden of proof in a civil case is ____%.

In a criminal case, the burden of proof is set at 98% "beyond a reasonable doubt." This means that the prosecution must prove the defendant's guilt to a very high degree of certainty. On the other hand, in a civil case, the burden of proof is set at a lower standard of 52%. This means that the plaintiff only needs to prove their case by a preponderance of the evidence, showing that it is more likely than not that the defendant is responsible for the harm or wrongdoing. Therefore, it is easier to find someone guilty in a civil case compared to a criminal case due to the difference in the burden of proof.

Explanation

In a criminal case, the burden of proof is set at 98% "beyond a reasonable doubt." This means that the prosecution must prove the defendant's guilt to a very high degree of certainty. On the other hand, in a civil case, the burden of proof is set at a lower standard of 52%. This means that the plaintiff only needs to prove their case by a preponderance of the evidence, showing that it is more likely than not that the defendant is responsible for the harm or wrongdoing. Therefore, it is easier to find someone guilty in a civil case compared to a criminal case due to the difference in the burden of proof.

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100. In the context of contracts, “__________” is an agreement by an offerer to leave an offer open for a specified period of time.

In the context of contracts, "option" refers to an agreement by an offerer to leave an offer open for a specified period of time. This means that the offerer is giving the offeree the opportunity to accept the offer within the specified time frame without the offer being revoked or changed. The option provides the offeree with a certain level of assurance and allows them to consider the offer before making a decision.

Explanation

In the context of contracts, "option" refers to an agreement by an offerer to leave an offer open for a specified period of time. This means that the offerer is giving the offeree the opportunity to accept the offer within the specified time frame without the offer being revoked or changed. The option provides the offeree with a certain level of assurance and allows them to consider the offer before making a decision.

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101. The two types of negligence are: _________________ _________________

The two types of negligence are intentional and unintentional. Intentional negligence refers to a deliberate act or omission where harm or injury is caused to another person. Unintentional negligence, on the other hand, occurs when harm or injury is caused due to a lack of reasonable care or negligence, even though there was no intention to cause harm. Therefore, intentional negligence involves a deliberate action, while unintentional negligence involves a lack of care or negligence.

Explanation

The two types of negligence are intentional and unintentional. Intentional negligence refers to a deliberate act or omission where harm or injury is caused to another person. Unintentional negligence, on the other hand, occurs when harm or injury is caused due to a lack of reasonable care or negligence, even though there was no intention to cause harm. Therefore, intentional negligence involves a deliberate action, while unintentional negligence involves a lack of care or negligence.

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102. Consideration is the ____________ a party pays for the ___________.

Consideration is the price that a party pays for the promise. In a contract, consideration refers to something of value that is exchanged between the parties involved. It can be in the form of money, goods, services, or even a promise to do or not do something. The concept of consideration is essential to ensure that both parties have something to gain or lose in the agreement, making the contract legally enforceable.

Explanation

Consideration is the price that a party pays for the promise. In a contract, consideration refers to something of value that is exchanged between the parties involved. It can be in the form of money, goods, services, or even a promise to do or not do something. The concept of consideration is essential to ensure that both parties have something to gain or lose in the agreement, making the contract legally enforceable.

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103. What are the six essential elements of the formation of a contract? ________________ ________________ ________________ ________________ ________________ ________________

The six essential elements of the formation of a contract are offer, acceptance, consideration, intention, capacity, and legality. These elements must be present for a contract to be legally enforceable. The offer refers to one party making a proposal to enter into a contract. Acceptance is the agreement by the other party to the terms of the offer. Consideration is the exchange of something of value between the parties. Intention refers to the intention of the parties to create legal relations. Capacity refers to the legal ability of the parties to enter into a contract. Legality means that the contract must not involve any illegal activities or go against public policy.

Explanation

The six essential elements of the formation of a contract are offer, acceptance, consideration, intention, capacity, and legality. These elements must be present for a contract to be legally enforceable. The offer refers to one party making a proposal to enter into a contract. Acceptance is the agreement by the other party to the terms of the offer. Consideration is the exchange of something of value between the parties. Intention refers to the intention of the parties to create legal relations. Capacity refers to the legal ability of the parties to enter into a contract. Legality means that the contract must not involve any illegal activities or go against public policy.

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104. The four elements of negligence are:
__________________________________
__________________________________
__________________________________
__________________________________

The four elements of negligence are: existence of a duty of care, breach of the duty, injury resulting from the breach, and proximate cause of the injury. These elements are necessary to establish a claim of negligence. The existence of a duty of care means that the defendant had a legal obligation to act in a certain way towards the plaintiff. Breach of the duty refers to the defendant's failure to fulfill that obligation. Injury resulting from the breach means that the plaintiff suffered harm as a direct result of the defendant's actions or inactions. Proximate cause of the injury refers to the link between the defendant's breach of duty and the plaintiff's injury, establishing that the harm was reasonably foreseeable.

Explanation

The four elements of negligence are: existence of a duty of care, breach of the duty, injury resulting from the breach, and proximate cause of the injury. These elements are necessary to establish a claim of negligence. The existence of a duty of care means that the defendant had a legal obligation to act in a certain way towards the plaintiff. Breach of the duty refers to the defendant's failure to fulfill that obligation. Injury resulting from the breach means that the plaintiff suffered harm as a direct result of the defendant's actions or inactions. Proximate cause of the injury refers to the link between the defendant's breach of duty and the plaintiff's injury, establishing that the harm was reasonably foreseeable.

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105. The 8 intentional torts are: ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________

The correct answer is assault; battery; trespass; conversion; false imprisonment; intentional infliction of mental suffering; deceit; intentional interference with a contract. This answer includes all eight intentional torts that are commonly recognized in legal systems. These torts involve intentional acts that result in harm or injury to another person, such as physically attacking someone (assault and battery), unlawfully entering someone's property (trespass), unlawfully taking someone's property (conversion), unlawfully restraining someone's freedom (false imprisonment), intentionally causing emotional distress (intentional infliction of mental suffering), deceiving someone (deceit), and interfering with someone's contractual relationships (intentional interference with a contract).

Explanation

The correct answer is assault; battery; trespass; conversion; false imprisonment; intentional infliction of mental suffering; deceit; intentional interference with a contract. This answer includes all eight intentional torts that are commonly recognized in legal systems. These torts involve intentional acts that result in harm or injury to another person, such as physically attacking someone (assault and battery), unlawfully entering someone's property (trespass), unlawfully taking someone's property (conversion), unlawfully restraining someone's freedom (false imprisonment), intentionally causing emotional distress (intentional infliction of mental suffering), deceiving someone (deceit), and interfering with someone's contractual relationships (intentional interference with a contract).

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106. The _____________ contract is an exchange of a promise for a performance.

A unilateral contract is an agreement where one party makes a promise in exchange for the other party's performance. In this case, the blank is filled with "unilateral," indicating that only one party is making a promise. The word "performance" is used to describe what the other party is expected to do in order to fulfill the contract. Therefore, the correct answer is "unilateral; performance."

Explanation

A unilateral contract is an agreement where one party makes a promise in exchange for the other party's performance. In this case, the blank is filled with "unilateral," indicating that only one party is making a promise. The word "performance" is used to describe what the other party is expected to do in order to fulfill the contract. Therefore, the correct answer is "unilateral; performance."

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107. List 6 remedies one would expect when a contract is breached: ________________ ________________ ________________ ________________ ________________ ________________

When a contract is breached, there are several remedies that one would expect. Rectification is the process of correcting any mistakes or errors in the contract. Rescission allows the injured party to cancel or terminate the contract. Damages refer to the monetary compensation that the injured party may seek for the losses suffered. An injunction is a court order that prohibits the breaching party from taking certain actions. Specific performance requires the breaching party to fulfill their obligations as stated in the contract. Quantum meruit allows the injured party to claim a reasonable amount for the work or services provided.

Explanation

When a contract is breached, there are several remedies that one would expect. Rectification is the process of correcting any mistakes or errors in the contract. Rescission allows the injured party to cancel or terminate the contract. Damages refer to the monetary compensation that the injured party may seek for the losses suffered. An injunction is a court order that prohibits the breaching party from taking certain actions. Specific performance requires the breaching party to fulfill their obligations as stated in the contract. Quantum meruit allows the injured party to claim a reasonable amount for the work or services provided.

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108. What are the eight types of contracts which must be in writing? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ________________________________________________________________ _________________________________________________________________ _________________________________________________________________

The eight types of contracts that must be in writing are: land, marriage, co-signing, estate trustee's promise to pay out of own pocket, agreement involving minors that must be ratified when the minor is of age, longer than one year to complete, sale of goods over a certain amount when the money or the goods have not yet changed hands, and agreement to deliver goods at a future date.

Explanation

The eight types of contracts that must be in writing are: land, marriage, co-signing, estate trustee's promise to pay out of own pocket, agreement involving minors that must be ratified when the minor is of age, longer than one year to complete, sale of goods over a certain amount when the money or the goods have not yet changed hands, and agreement to deliver goods at a future date.

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109. 4 Ways contracts can be discharged are as follows: _______________________ _______________________ _______________________ _______________________

The correct answer is "by performance; by agreement; by frustration; by operation of law". Contracts can be discharged by performance when both parties fulfill their obligations as stated in the contract. They can also be discharged by agreement when both parties mutually agree to terminate the contract. Frustration occurs when unforeseen circumstances make it impossible to fulfill the contract's purpose. Lastly, contracts can be discharged by operation of law when certain legal events, such as bankruptcy or death, make it impossible to continue with the contract.

Explanation

The correct answer is "by performance; by agreement; by frustration; by operation of law". Contracts can be discharged by performance when both parties fulfill their obligations as stated in the contract. They can also be discharged by agreement when both parties mutually agree to terminate the contract. Frustration occurs when unforeseen circumstances make it impossible to fulfill the contract's purpose. Lastly, contracts can be discharged by operation of law when certain legal events, such as bankruptcy or death, make it impossible to continue with the contract.

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110. The 9 exceptions to the privity of contract rule are: ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________

The answer provided lists the nine exceptions to the privity of contract rule. These exceptions include tort law bypass, principal of agents, vicarious liability, corporation form by amalgamation, collateral warranties, novation, interest in land, assignment of rights, trusts, and life insurance policies. These exceptions allow for certain individuals or entities to be held liable or have rights under a contract, even if they are not directly involved in the contract itself.

Explanation

The answer provided lists the nine exceptions to the privity of contract rule. These exceptions include tort law bypass, principal of agents, vicarious liability, corporation form by amalgamation, collateral warranties, novation, interest in land, assignment of rights, trusts, and life insurance policies. These exceptions allow for certain individuals or entities to be held liable or have rights under a contract, even if they are not directly involved in the contract itself.

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111. ____________ is the act of setting the contract aside.

Rescission refers to the act of setting a contract aside. It is a legal remedy that allows parties to a contract to cancel or terminate it. Rescission can occur when there is a material breach of contract, fraud, mistake, undue influence, or duress. It essentially restores the parties to their pre-contractual positions and releases them from any further obligations under the contract. Rescission is a powerful tool that aims to undo the contract and treat it as if it never existed.

Explanation

Rescission refers to the act of setting a contract aside. It is a legal remedy that allows parties to a contract to cancel or terminate it. Rescission can occur when there is a material breach of contract, fraud, mistake, undue influence, or duress. It essentially restores the parties to their pre-contractual positions and releases them from any further obligations under the contract. Rescission is a powerful tool that aims to undo the contract and treat it as if it never existed.

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112. 5 reasons a contract may be impeached are: ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________

A contract may be impeached for several reasons. Duress refers to a situation where one party is forced or coerced into entering into the contract against their will. Undue influence occurs when one party takes advantage of their position of power or authority to manipulate the other party's decision-making. If a mistake was made, such as a factual error or misunderstanding, it can invalidate the contract. Misrepresentation refers to a situation where one party provides false or misleading information to the other party. Lastly, if one party fails to demonstrate utmost good faith, meaning they act dishonestly or fail to disclose important information, the contract may be impeached.

Explanation

A contract may be impeached for several reasons. Duress refers to a situation where one party is forced or coerced into entering into the contract against their will. Undue influence occurs when one party takes advantage of their position of power or authority to manipulate the other party's decision-making. If a mistake was made, such as a factual error or misunderstanding, it can invalidate the contract. Misrepresentation refers to a situation where one party provides false or misleading information to the other party. Lastly, if one party fails to demonstrate utmost good faith, meaning they act dishonestly or fail to disclose important information, the contract may be impeached.

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113. You can prevent potential legal action against your business in the following ways: ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ ______________________________

To prevent potential legal action against your business, it is important to have standard operating procedures in place. These procedures outline the proper protocols and guidelines for employees to follow, reducing the risk of negligence or misconduct. Additionally, staff training is crucial to ensure that employees are knowledgeable about their responsibilities and the legal requirements of their roles. Regulatory adherence is also essential, as compliance with applicable laws and regulations helps to avoid legal issues. Record keeping is important for documentation purposes and can provide evidence in case of disputes. Waivers, disclaimers, and releases can help protect your business from liability by obtaining consent and limiting legal responsibility. Lastly, having insurance coverage can provide financial protection in the event of a lawsuit or other legal claims.

Explanation

To prevent potential legal action against your business, it is important to have standard operating procedures in place. These procedures outline the proper protocols and guidelines for employees to follow, reducing the risk of negligence or misconduct. Additionally, staff training is crucial to ensure that employees are knowledgeable about their responsibilities and the legal requirements of their roles. Regulatory adherence is also essential, as compliance with applicable laws and regulations helps to avoid legal issues. Record keeping is important for documentation purposes and can provide evidence in case of disputes. Waivers, disclaimers, and releases can help protect your business from liability by obtaining consent and limiting legal responsibility. Lastly, having insurance coverage can provide financial protection in the event of a lawsuit or other legal claims.

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114. There are 5 things the defendant must establish to benefit from the doctrine of voluntarily assumed risk (a person who participates in an activity knowing that injury could result is said to have voluntarily assumed a risk). They are: _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________ _______________________________________________________

To benefit from the doctrine of voluntarily assumed risk, the defendant must establish five things. Firstly, the plaintiff must have known about the risk associated with the activity. Secondly, the plaintiff must have understood the risk, meaning they were aware of the potential harm that could result. Thirdly, the plaintiff must have had a choice to avoid the risk, indicating that they had the option to participate or not. Fourthly, the plaintiff must have voluntarily assumed the risk, meaning they willingly accepted the potential danger. Lastly, the defendant must not have breached any statutory duty that directly led to the injury suffered by the plaintiff.

Explanation

To benefit from the doctrine of voluntarily assumed risk, the defendant must establish five things. Firstly, the plaintiff must have known about the risk associated with the activity. Secondly, the plaintiff must have understood the risk, meaning they were aware of the potential harm that could result. Thirdly, the plaintiff must have had a choice to avoid the risk, indicating that they had the option to participate or not. Fourthly, the plaintiff must have voluntarily assumed the risk, meaning they willingly accepted the potential danger. Lastly, the defendant must not have breached any statutory duty that directly led to the injury suffered by the plaintiff.

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115. The 7 defences to intentional torts are: _________________________ _________________________ _________________________ _________________________ _________________________ _________________________ _________________________

The correct answer is consent; defence of property; defense of a third person; self defence; necesity; legal authority; lack of intention. These are the 7 defences to intentional torts. Consent refers to the agreement given by the victim to the defendant's actions. Defence of property allows the defendant to use reasonable force to protect their property. Defense of a third person allows the defendant to use reasonable force to protect another person. Self defence allows the defendant to use reasonable force to protect themselves. Necessity refers to the defendant's actions being necessary to prevent a greater harm. Legal authority allows the defendant to perform actions within their legal authority. Lack of intention refers to the defendant not intending to cause harm.

Explanation

The correct answer is consent; defence of property; defense of a third person; self defence; necesity; legal authority; lack of intention. These are the 7 defences to intentional torts. Consent refers to the agreement given by the victim to the defendant's actions. Defence of property allows the defendant to use reasonable force to protect their property. Defense of a third person allows the defendant to use reasonable force to protect another person. Self defence allows the defendant to use reasonable force to protect themselves. Necessity refers to the defendant's actions being necessary to prevent a greater harm. Legal authority allows the defendant to perform actions within their legal authority. Lack of intention refers to the defendant not intending to cause harm.

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116. The ___________ Court of Canada presides over jurisdiction to hear all ____________, ____________ and ____________ cases of significant public interest.

The Supreme Court of Canada has jurisdiction to hear all criminal, civil, and constitutional cases of significant public interest.

Explanation

The Supreme Court of Canada has jurisdiction to hear all criminal, civil, and constitutional cases of significant public interest.

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117. The five stages of a civil action are: ________________________ ________________________ ________________________ ________________________ ________________________

The correct answer is pleadings; discoveries; pretrial; trial; appeals. In a civil action, the first stage is the pleadings, where the parties involved file their initial documents outlining their claims and defenses. The next stage is discoveries, where both sides gather evidence and information through methods like depositions and interrogatories. After that comes the pretrial stage, where the parties may attempt to settle the case through negotiations or alternative dispute resolution methods like mediation. If the case does not settle, it proceeds to trial, where the evidence is presented and a decision is made. Finally, either party may file an appeal if they believe there were errors in the trial process or decision.

Explanation

The correct answer is pleadings; discoveries; pretrial; trial; appeals. In a civil action, the first stage is the pleadings, where the parties involved file their initial documents outlining their claims and defenses. The next stage is discoveries, where both sides gather evidence and information through methods like depositions and interrogatories. After that comes the pretrial stage, where the parties may attempt to settle the case through negotiations or alternative dispute resolution methods like mediation. If the case does not settle, it proceeds to trial, where the evidence is presented and a decision is made. Finally, either party may file an appeal if they believe there were errors in the trial process or decision.

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118. List the 5 types of Federal Courts
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The correct answer is: Federal Court of Canada; Supreme Court of Canada; The Tax Court of Canada; The Court of Canadian Citizenship; The Court Martial Appeal Court of Canada.

This answer accurately lists the 5 types of Federal Courts in Canada. The Federal Court of Canada is a trial court that hears cases involving federal matters, such as immigration and intellectual property. The Supreme Court of Canada is the highest court in the country and has the final authority on legal issues. The Tax Court of Canada handles cases related to taxation. The Court of Canadian Citizenship deals with matters related to citizenship. The Court Martial Appeal Court of Canada hears appeals from military courts.

Explanation

The correct answer is: Federal Court of Canada; Supreme Court of Canada; The Tax Court of Canada; The Court of Canadian Citizenship; The Court Martial Appeal Court of Canada.

This answer accurately lists the 5 types of Federal Courts in Canada. The Federal Court of Canada is a trial court that hears cases involving federal matters, such as immigration and intellectual property. The Supreme Court of Canada is the highest court in the country and has the final authority on legal issues. The Tax Court of Canada handles cases related to taxation. The Court of Canadian Citizenship deals with matters related to citizenship. The Court Martial Appeal Court of Canada hears appeals from military courts.

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119. During the course of employment, what 3 situations allow the employer to discriminate against employees on the basis of drug and alcohol dependency? _________________________________________________________________ _________________________________________________________________ _________________________________________________________________

The employer is allowed to discriminate against employees on the basis of drug and alcohol dependency in three situations. Firstly, if the dependency seriously and adversely affects the employee's behavior. Secondly, if it has caused the employee to repeatedly miss work or be late for work. And finally, if it has jeopardized the safety of the employer, other employees, or the public. In these situations, the employer has the right to take action against the employee due to the negative impact of their dependency on their performance and the safety of the workplace.

Explanation

The employer is allowed to discriminate against employees on the basis of drug and alcohol dependency in three situations. Firstly, if the dependency seriously and adversely affects the employee's behavior. Secondly, if it has caused the employee to repeatedly miss work or be late for work. And finally, if it has jeopardized the safety of the employer, other employees, or the public. In these situations, the employer has the right to take action against the employee due to the negative impact of their dependency on their performance and the safety of the workplace.

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120. The two classes of royal prerogatives in Canada are ___________ _____________ and _______________ _______________.

The correct answer is Governor General; Lieutenant governors. In Canada, the Governor General represents the monarch at the federal level and exercises royal prerogatives on their behalf. Lieutenant governors, on the other hand, represent the monarch at the provincial level and also have their own set of royal prerogatives within their respective provinces.

Explanation

The correct answer is Governor General; Lieutenant governors. In Canada, the Governor General represents the monarch at the federal level and exercises royal prerogatives on their behalf. Lieutenant governors, on the other hand, represent the monarch at the provincial level and also have their own set of royal prerogatives within their respective provinces.

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121. The Charter is binding on _____________ and ________________ ________________, their agencies and departments, but does not bind _______________ or _________ ______________.

The Charter is binding on federal and provincial governments, their agencies and departments, but does not bind individuals or corporations. This means that the rights and freedoms outlined in the Charter apply to government entities at both the federal and provincial levels, as well as their agencies and departments. However, the Charter does not directly apply to individuals or corporations, as it is primarily concerned with limiting the power of the government and protecting individual rights.

Explanation

The Charter is binding on federal and provincial governments, their agencies and departments, but does not bind individuals or corporations. This means that the rights and freedoms outlined in the Charter apply to government entities at both the federal and provincial levels, as well as their agencies and departments. However, the Charter does not directly apply to individuals or corporations, as it is primarily concerned with limiting the power of the government and protecting individual rights.

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122. The 3 fundamental differences between the Charter and the CHRA are: The Charter deals with all __________ rights; the CHRA mainly deals with __________ rights The Charter is part of the ___________, whereas the CHRA is a piece of ___________legislation and therefore subject to change. The ___________ applies to all levels of government; ___________ pertains to the federal government and areas within federal jurisdiction

The Charter deals with all human rights; the CHRA mainly deals with equality rights. The Charter is part of the Constitution, whereas the CHRA is a piece of federal legislation and therefore subject to change. The Charter applies to all levels of government; CHRA pertains to the federal government and areas within federal jurisdiction.

Explanation

The Charter deals with all human rights; the CHRA mainly deals with equality rights. The Charter is part of the Constitution, whereas the CHRA is a piece of federal legislation and therefore subject to change. The Charter applies to all levels of government; CHRA pertains to the federal government and areas within federal jurisdiction.

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123. A _____________ contract is an exchange of a promise for a promise, the exchange brings the contract into existence.

In this context, a bilateral contract refers to an agreement between two parties where both parties make promises to each other. This type of contract is formed when the promises are exchanged, meaning that both parties have agreed to fulfill their obligations. Therefore, the correct answer is "bilateral".

Explanation

In this context, a bilateral contract refers to an agreement between two parties where both parties make promises to each other. This type of contract is formed when the promises are exchanged, meaning that both parties have agreed to fulfill their obligations. Therefore, the correct answer is "bilateral".

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124. The 3 instances under which an offer lapses are: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

An offer can lapse if it is not accepted before it expires due to a deadline. Additionally, if there is no deadline specified, the offer can lapse if it is not accepted within a reasonable time. Finally, an offer can also lapse if a party involved in the offer dies, becomes mentally ill, or loses the capacity to contract.

Explanation

An offer can lapse if it is not accepted before it expires due to a deadline. Additionally, if there is no deadline specified, the offer can lapse if it is not accepted within a reasonable time. Finally, an offer can also lapse if a party involved in the offer dies, becomes mentally ill, or loses the capacity to contract.

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125. Unconscionable transactions is when the judge feels that the bargain was unfair due to the following 3 cases: _____________________________________ _____________________________________ _____________________________________

Unconscionable transactions occur when a judge determines that a bargain was unfair. This can happen in three cases: lopsided bargaining power, where one party has significantly more influence or control over the transaction than the other; abuse of authority, where one party takes advantage of their position or power to exploit the other; and breach of fiduciary duty, where a person fails to act in the best interests of another party due to a position of trust or responsibility. These three factors contribute to the judge's assessment of whether a transaction is unconscionable.

Explanation

Unconscionable transactions occur when a judge determines that a bargain was unfair. This can happen in three cases: lopsided bargaining power, where one party has significantly more influence or control over the transaction than the other; abuse of authority, where one party takes advantage of their position or power to exploit the other; and breach of fiduciary duty, where a person fails to act in the best interests of another party due to a position of trust or responsibility. These three factors contribute to the judge's assessment of whether a transaction is unconscionable.

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