Human Resource Law
Test Preparation
Course Introduction
Human Resource Law explores the legal framework governing the employment relationship, with a focus on the rights and responsibilities of both employers and employees. The course examines federal and state regulations, including anti-discrimination statutes, wage and hour laws, privacy rights, and workplace safety mandates. Students will gain an understanding of employment contracts, labor relations, and the legal implications of hiring, firing, and disciplinary actions. Through case studies and real-world scenarios, the course prepares students to identify legal risks, maintain compliance, and foster fair workplace practices.
Recommended Textbook
Canadian Business and the Law 5th Edition by Dorothy Duplessis
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28 Chapters
1993 Verified Questions
1993 Flashcards
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Page 2
Chapter 1: Knowledge of Law As a Business Asset
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57 Verified Questions
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Sample Questions
Q1) What are the commonly used alternative dispute resolution methods for avoiding litigation?
A) intervention, negotiation, and reconciliation
B) intervention, arbitration, and mediation
C) negotiation, mediation, and adjudication
D) direct negotiation, mediation, and arbitration
Answer: D
Q2) Risk managers were keen to use unregulated, derivative mortgage products to shift risk off their balance sheets. What is the consequence of failing to regulate investment business activities in a free-market environment?
A) Unscrupulous participants use the opportunities to act exploitatively.
B) Market participants voluntarily enforce ethical business practices.
C) Oversight by directors is a guarantee of scrupulous behaviour.
D) Market participants will cautiously push markets to expand.
Answer: A
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Chapter 2: The Canadian Legal System
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Sample Questions
Q1) Which of the following is a possible legal justification for upholding a provincial law that prohibits the display of tobacco products in retail outlets?
A) If the government can show that the law reduces the incidence of smoking, the law may constitute a reasonable limit on freedom of expression.
B) The provincial government has sole jurisdiction over business activity.
C) The provincial governments have delegated jurisdiction.
D) The new tobacco law is constitutional because it protects health, and health concerns always override business concerns.
Answer: A
Q2) Why is it important for businesses to monitor government policy?
A) Rules and regulations are periodically revised.
B) It is the machinery that regulates government.
C) It provides rulings that resolve existing disputes.
D) It can be overwhelming and very technical.
Answer: A
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Chapter 3: Managing Legal Risks
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Sample Questions
Q1) Most lawyers can be expected to have the expertise necessary to head up a risk management department.
A)True
B)False
Answer: False
Q2) Legal risk management is an optional practice businesses undertake only if there are adequate resources to allocate in-house legal staff to carry out the task.
A)True
B)False
Answer: False
Q3) Benta recently purchased an office cleaning business with established long-term contracts to provide cleaning services to a number of large office building operators. Which of the following actions would immediately allow Benta to be aware of the potential legal risks with the building operators?
A) consult with a law firm to devise a legal strategy
B) consult and arrange insurance to cover legal risks
C) schedule introductory meetings with customers
D) review contracts and customer payment history
Answer: D
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Page 5
Chapter 4: Dispute Resolution
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Sample Questions
Q1) If a debt owed by a customer is not large and the customer is in financial difficulty, negotiating a payment plan or even writing off the debt may be more practical than spending money to try to collect on the account.
A)True
B)False
Q2) John is hoping for an opportunity to settle his lawsuit based on the strength of his evidence before an actual trial takes place. How should he instruct his lawyer to proceed with respect to the litigation process?
A) undertake the informal pre-trial discovery of evidence process
B) complete formal discovery involving the disclosure of supporting evidence
C) file formal evidence for presentation to the judiciary to support a claim
D) initiate the informal disclosure process of all supporting evidence
Q3) To a business that has become the target of litigation, contingency fees can result in more litigation by improving accessibility to the legal system for claimants who might otherwise lack the resources to sue.
A)True
B)False
Q4) Contrast the advantages and disadvantages of alternate dispute resolution.
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Page 6
Chapter 5: An Introduction to Contracts
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Sample Questions
Q1) What is the most important factor for a retailer to consider when deciding whether to file a lawsuit against a supplier for a breach of a business contract?
A) the significance of the economic harm caused by the defaulting party's breach
B) the ability to secure an adequate supply of the stock from another supplier
C) the costs associated with obtaining the stock from a different supplier
D) the impact of the lawsuit on the reputation of the defaulting company
Q2) What test will a court apply when asked to determine a matter involving a dispute between parties regarding the formation of a contract?
A) whether the contract is sufficiently complete to provide certainty to all parties
B) whether the terms of the contract provide sufficient mutual consideration
C) whether a reasonable person could conclude that an offer and acceptance occurred
D) whether the parties to the agreement have legal capacity to enter into contracts
Q3) Identify and briefly describe the necessary elements that must be present in order for a court to recognize a contract as a legally binding agreement.
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Chapter 6: Forming Contractual Relationships
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Sample Questions
Q1) Before a contract can take place, the parties must have reached a consensus as to their respective rights and obligations.
A)True
B)False
Q2) Madeline, a garment buyer, left Lance with her business card and a clear impression she was very interested in his line of fashion products. Which of the following is the element that would qualify Madeline's communication as an offer to treat?
A) Qualification is dependent upon the speaker's intention, subjectively assessed.
B) Lance has clearly advertised his products as available for purchase.
C) Qualification is dependent upon an objective assessment of the orator's intent.
D) Lance has relinquished his option by refusing to complete the transaction.
Q3) Explain the difference between offer and invitation to treat. Give an example of each.
Q4) Once made, an offer cannot be revoked.
A)True
B)False
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8
Chapter 7: The Terms of a Contract
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Q1) The question of validity of browse-wrap agreements can be avoided entirely by requiring customers to take affirmative action to signify assent.
A)True
B)False
Q2) In what manner could you reasonably expect a court to apply the parol evidence rule when asked to interpret the meaning of a nebulous term in a written contract?
A) Abide by the rule and use its discretion to infer a clarification of the term.
B) Disregard the rule and allow extrinsic evidence to resolve the ambiguity.
C) Abide by the rule and use its discretion to apply implied terms for clarification.
D) Disregard the rule and apply the reasonable person test to interpret the term.
Q3) Identify four grounds used by the courts for introducing implied terms into contracts. Give an example of each.
Q4) The principle of business efficacy makes an obligation explicit.
A)True
B)False
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Chapter 8: Non Enforcement of Contracts
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Sample Questions
Q1) If a contract is one that the Statute of Frauds requires must be written in order to be enforceable, what must appear in writing?
Q2) How does the common law classify a situation in which both parties to an agreement have shared the same fundamental mistake in order to provide a remedy?
A) as a mistake at law
B) as a shared mistake
C) as a common mistake
D) as a mutual mistake
Q3) A beneficial service contract is enforceable as long as it was commercially viable for the business owner employing a minor.
A)True
B)False
Q4) Under the classic model of illegality, a freely chosen contract will be held unenforceable by a court in which of the following circumstances?
A) if it is contrary to common law and/or violates public policy
B) if it is contrary to statue law and/or violates public policy
C) if it is contrary to public policy and/or the doctrine of good faith
D) if it is contrary to public policy and/or the doctrine of illegality
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Page 10
Chapter 9: Termination and Enforcement of Contracts
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Sample Questions
Q1) Shady business practices are advantageous only if most businesspeople recognize the existence of moral obligations.
A)True
B)False
Q2) Recovery for non-pecuniary damages is not possible in contract law.
A)True
B)False
Q3) Lilan entered into a construction contract with William to build her new home in Moncton. Subsequently, her architect approved an alteration to the original plan, allowing for two additional windows. William agreed to the change. In order for the change to be contractually enforceable, what did Lilan's lawyer most likely advise that she must do?
A) Lilan must provide fresh consideration to William to validate the contract.
B) Nothing further is required because parties are free to vary their contracts.
C) Lilan must ensure both she and William sign the varied contract under seal.
D) Nothing; the variation to the contract is lawful without fresh consideration.
Q4) A breach can have the effect of terminating a contract.
A)True
B)False
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Chapter 10: Introduction to Tort Law
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Sample Questions
Q1) What is the common law rule regarding the availability of compensation when the plaintiff's contributory negligence contributed to his/her injury? How has this been changed by legislation?
Q2) What is the meaning of the legal term "structured settlement"?
A) a settlement in the form of tax-free apportioned annuity payments
B) a form of victim compensation paid from a taxpayer-funded program
C) a monetary settlement awarded by a court as compensation for injury or loss
D) a settlement encompassing amounts awarded for differing damage entitlements
Q3) The nature of precedent is inherently contemporary, meaning that judges can use their discretion and ignore past cases in order to force the evolution of the law in accordance with policy directives.
A)True
B)False
Q4) Provide a brief explanation of the circumstances that would involve joint liability under the law of torts. Include a brief discussion of how legislation assists an innocent victim to recover amounts awarded where there is joint liability for the tort.
Q5) The definition of the term "assault" is the same in tort law and criminal law.
A)True
B)False
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Chapter 11: The Tort of Negligence
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Sample Questions
Q1) A plaintiff's damage award for tort of negligence will be reduced in proportion to his own culpability in causing the loss.
A)True
B)False
Q2) Which of the following is a distinguishing characteristic of the tort of negligent misstatement?
A) It clearly places an unduly broad scope of liability on professionals.
B) The tort action co-exists with an actionable contractual breach.
C) The client faces liability for the tort of negligent misstatement.
D) It strongly places liability for third-party reliance on professionals.
Q3) Which of the following is synonymous in negligence law with the statement "it is not enough to establish some of the steps or even most of them"?
A) the plaintiff's requirement to prove each and every step
B) the defence of volenti non fit injuria
C) the plaintiff's automatic entitlement to damages
D) the right to recover a loss of income.
Q4) Insurance is a residual element in any tort liability risk management plan.
A)True
B)False
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Chapter 12: Other Torts
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Sample Questions
Q1) Suspecting a burglar was attempting to enter his garage, Hakim let his Dobermans outside to take care of the threat. He was shocked six months later when he was served with a lawsuit claiming damages for the serious injuries inflicted by the Dobermans' bites on the thief's hands and legs. Why has Hakim been named as a defendant in this lawsuit?
A) Hakim owed a duty of care to restrict the number of bites his dogs could inflict.
B) The injuries result from his reckless disregard for the trespasser's presence.
C) Hakim owed a generalized duty of care based on the neighbour principle.
D) The thief must be a child in order for injury to a trespass to be actionable.
Q2) What is the legal term for the group of parties recognized as having the ability to exercise some degree of control over land or buildings on that land?
A) occupant
B) occupier
C) licensee
D) tenant
Q3) Describe the questions that should be included in an occupier's liability risk management plan.
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Page 14
Chapter 13: The Agency Relationship
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Sample Questions
Q1) What are the duties required of an agent?
A) reimburse the principal for out-of-pocket expenses
B) pay the principal for services rendered
C) abide by the terms of the agency agreement
D) indemnify the principal for agency business losses
Q2) The rules governing the relationship where one party acts as agent on behalf of a principal are known as the law of agency.
A)True
B)False
Q3) An agent has been given authority to act for the principal in relation to a directive that sets out conditions required for the removal of life-support systems. What form of authority has the agent been given?
A) a general power of attorney
B) a specific-care directive
C) a personal care power of attorney
D) a health care directive
Q4) Identify the circumstances under which a principal would be permitted, by law, to ratify a contract.
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Chapter 14: Business Forms and Arrangements
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Sample Questions
Q1) What priority must business owners place on the choice of the form of ownership for their business?
A) It is a relevant decision.
B) It is a critical decision.
C) It is a complicated decision.
D) It is a minor decision.
Q2) Ivan is the sole proprietor of Voyageur Transport. He operates Voyageur with three small ships that transport supplies by the riverways to northern settlements after spring breakup. Which of the following most likely applies with respect to Ivan's use of the name "Voyageur Transport"?
A) Business name use is subject to more specialized rules for this form of business.
B) To avoid fines and penalties, the business name must be registered.
C) A business name is irrelevant to an owner's ability to sue for business obligations.
D) There are no legal requirements for this form of business organization.
Q3) Briefly discuss the liability of the partners for a breach of contract, including, among other things, the key point from this perspective.
Q4) Discuss the distribution of the profits of a corporation.
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Chapter 15: The Corporate Form: Organizational Matters
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Sample Questions
Q1) What is the legal term for decision makers who enter contracts on behalf of an artificial entity?
A) internal stakeholders
B) indirect stakeholders
C) direct stakeholders
D) internal shareholders
Q2) Amber has received a lucrative offer to purchase her shares in a closely held corporation. She is required to give her fellow shareholders an opportunity to acquire her shares at the same price offered by the outsider. Why is Amber required to do so?
A) A shareholders' agreement gives the remaining shareholders a right of first refusal.
B) A shareholders' agreement provides the legal elements for valuing the entity's shares.
C) The corporation is listed on an exchange as a publicly traded entity.
D) The share structure prohibits the transfer of shares to outside parties.
Q3) Under federal legislation, when the first directors hold the organizational meeting they are required to make bylaws.
A)True
B)False
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Chapter 16: The Corporate Form: Operational Matters
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Sample Questions
Q1) What is most likely to be the result if a corporation fails to file its annual corporate returns?
A) winding up of the corporation
B) court-ordered termination
C) being struck from the registrar
D) dissolution of the corporation
Q2) The exercise of which of the following is required by a duty owed by directors or officers that compares them to a reasonably prudent person in comparable circumstances?
A) honesty, skill, and care
B) diligence, honesty, and fairness
C) diligence, skill, and care
D) prudence, fairness, and honesty
Q3) Which of the following is a requirement of the CSA rules with respect to corporate governance reforms?
A) creating an oversight committee composed of subordinate directors
B) creating an audit committee composed of autonomous directors
C) avoiding appointing a maverick individual to the position of chair
D) avoiding circumstances that enable boards to act independently of management
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Chapter 17: Personal Property
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Q1) Which of the following would be the result of a commercial customer's limited means of monitoring a storage facility's treatment of the property given to it for storage?
A) Liability is excluded completely or limited to a very small amount.
B) The bailee must provide consent for storage at an alternative location.
C) The law imposes a high level of accountability for the treatment of the bailor's property.
D) The law imposes a high level of accountability for the treatment of the bailee's property.
Q2) Which of the following is most prominent in bailment transactions?
A) proof and protection of ownership
B) preservation of economic value
C) transfer of risk
D) retention of risk
Q3) A key aspect of a bailment contract is often the limitation of the liability that the common law rules of bailment create.
A)True
B)False
Q4) Identify the common types of bailments.
Q5) Identify the risks relating to personal property.
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Chapter 18: Intellectual Property
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Sample Questions
Q1) The intellectual property accruing to an organization through the creative works of its in-house employees can be bought or acquired by others through licensing agreements.
A)True
B)False
Q2) Which of the following elements would a registrar most likely require to be established in order for joint authorship to be recognized under copyright law?
A) intentional shared authorship
B) shared origin of the work
C) mutual authorization
D) public performance by each author
Q3) Reforms to the Copyright Act include technological protection measures prohibiting the removal of or tampering with digital locks.
A)True
B)False
Q4) A licence of intellectual property permits the transfer of a right by an assignor to the assignee.
A)True
B)False
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Chapter 19: Real Property
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Sample Questions
Q1) In what way is a registry system different from a land titles system?
A) conversion of paper records to microfiche records
B) sequence of registration is used solely in registry system
C) constitutional jurisdiction of the registry system
D) absence of responsibility for validity of documents
Q2) Which of the following is "tenant" synonymous with in the realm of real property law?
A) an individual who leases space rather than having outright ownership
B) a contract allowing owners to deal with their respective interests
C) an owner of any form of right or title in land
D) a contract limiting ownership by division in time
Q3) Identify the limits on ownership that result from contracts made by the landowner.
Q4) As co-owners of a portion of the whole interest in a parcel of land, each co-owner's share may be distinctly singled out and identified should one decide to sell that interest to some other party.
A)True
B)False
Q5) Identify the key features of the registry system.
Q6) Briefly discuss joint tenancy.
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Chapter 20: The Employment Relationship
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Sample Questions
Q1) Adverse effects discrimination involves a workforce that is overwhelmingly dominated by males, such as the male-dominated federal Parliament.
A)True
B)False
Q2) Marjorie and Jean, human resource managers, are meeting to discuss the possible reaction of other employees to Hector, who has recently become blind. What is most likely the intention of this employer with respect to Hector?
A) to prove undue hardship relating to the guidelines for the productivity of the organization
B) to accommodate employees with special needs
C) to prove the impossibility of accommodating special needs
D) to follow the Supreme Court guidelines regarding what constitutes undue hardship
Q3) Pay equity involves provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work.
A)True
B)False
Q4) Define harassment and list the various forms that such conduct may take.
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22
Chapter 21: Terminating the Employment Relationship
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Sample Questions
Q1) Contrast the employment standards legislation provision of reasonable notice for lower-level employees with that of mid-level employees.
Q2) An employee may have to decide between pursuing a claim for wrongful termination in the court system or through an employment standards tribunal. Before choosing the employment standards tribunal, which of the following should any employee be fully aware of?
A) High-level employees typically use this route to gain more than statutory notice.
B) Employee reinstatement or specific performance will be enforced on findings of bad faith.
C) Compensation is limited to an amount equivalent to the statutory period of notice. D) It is most often used by low-level employees owing to its reduced cost.
Q3) Which of the following will be the result if an employee breaches the duty of loyalty and good faith to his or her employer?
A) dismissal, if conduct is limited to on-the-job activity
B) dismissal, due to the employee's conflict of interest
C) dismissal, if the employer's standard is fair and reasonable
D) dismissal based on incompatible conduct
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Chapter 22: Professional Services
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Q1) What would a lawyer most likely indicate as an appropriate response to a client's indication that he has purchased a handgun and is planning revenge on the financial advisor who has stolen his life savings?
A) maintain solicitor-client privilege
B) violate confidentiality after informing the client of a conflict
C) maintain confidentiality
D) violate confidentiality and solicitor-client privilege
Q2) Following his accounting firm's audit team being hired by Canuck Inc. to review Northern Ltd.'s books, Tysan contacted several members he knew in the profession, advising them to buy Northern's shares. Trading in Northern's stock notably increased in ensuing weeks, driving the share price up, making it more expensive for Canuck to complete the takeover and prompting the securities commission to investigate. What did the securities commission find with respect to Tysan?
A) The firm will avoid vicarious liability, as Tysan acted independently.
B) The firm employing Tysan, not Tysan, owed a fiduciary duty to Canuck.
C) Tysan breached the fiduciary duty to maintain confidentiality of client information.
D) The claimant's loss was too remote from the professional's actions.
Q3) Identify specific obligations that apply to a professional as fiduciary.
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Chapter 23: Sales and Marketing: the Contract, Product, and Promotion
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Q1) A number of terms are automatically implied by the Sale of Goods Act into the contracts of parties, even though they may have expressly agreed to exclude the operation of this legislation with regard to their transaction.
A)True
B)False
Q2) Which of the following strongly supported the creation of principles set out in a specialized branch of contract law intended to provide a measure of protection for the purchaser of goods?
A) the need for modern law concerning the sale of goods and services
B) historic legislation titled the Sale of Goods Act, enacted in England in 1893
C) the civil code set of exceptions to the doctrine of caveat emptor
D) unfair results of the strict application of the doctrine of caveat emptor
Q3) Which of the following is considered to be a valid limitation of sale of goods legislation?
A) imposition of a strict warranty of durability for a reasonable period of time
B) failure to permit contracting out of implied terms
C) failure to address pre-contractual terms
D) imposition of stronger warranties relating to quality and fitness for purpose
Q4) Briefly discuss the right of repudiation with respect to the sale of goods.
Page 25
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Chapter 24: Sales and Marketing: Price, Distribution, and Risk Management
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Q1) What is the recommended source for acquiring knowledge of the standards that must be met for both the production and labelling of goods produced by a manufacturer?
A) trade association and specialized professional advisors
B) Trade Association Conformity Continuum Guidelines
C) the Competition Bureau
D) the Competition Bureau's immunity program
Q2) Natasha noted that the discounted price of an advertised item failed to register as the item was scanned. She had difficulty enforcing her right to receive a $10 reduction off the correct price on account of the retailer's scanning system error. What code has been promoted to consumers as providing their right to receive this compensation from the retailer for this pricing infraction?
A) Canadian Council of Grocery Distributors Scanner Code
B) Canadian Retail Association Scanner Accuracy Code
C) Canadian Retail Council Voluntary Scanner Code
D) Scanner Price Accuracy Voluntary Code
Q3) Briefly discuss the regulation of door-to-door selling.
Q4) Define "refusal to deal" and "exclusive dealing."
Q5) List the sources of legal risks in marketing that relate to price.
Q6) Discuss the criticisms surrounding the Scanner Price Voluntary Code. Page 26
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Chapter 25: Business and Banking
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Q1) Banks have become financial marketplaces, offering services in cash management, investment advice, and business financing as a result of regulatory changes and decisions by banks to broaden their range of services.
A)True
B)False
Q2) Which of the following creates the legal uncertainty surrounding electronic banking?
A) Potential for forgery and fraud are changed and expanded.
B) Existing legislation is irrelevant in a paperless environment.
C) The bank is responsible for electronic failures.
D) It increases potential for transmission failures and system crashes.
Q3) What distinguishes a cheque from a bill of exchange?
A) Cheques fail to create a self-contained obligation.
B) The party instructed to pay is the bank.
C) Bills of exchange are negotiable instruments.
D) Bills of exchange are regulated by the Bills of Exchange Act.
Q4) Discuss the various aspects of the evolution of credit cards.
Q5) Identify the additional duties implied on the bank with respect to the banking contract by common law and banking practice.
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Page 28
Chapter 26: The Legal Aspects of Credit
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Q1) What type of financing agreement would contain conditions relating to the provision of, among other things, an invoice, shipping receipt, and proof of insurance?
A) collateral security agreement
B) letter of credit
C) blanket security agreement
D) letter of commitment
Q2) Is a personal guarantee of a commercial loan considered to be dangerous?
A) No; once signed, the guarantee must be renewed annually.
B) Yes, owing to the unconditional nature of this primary promise.
C) No; personal assets continue to be protected by limited liability.
D) Yes; their continuing nature includes total debt owned at any time.
Q3) The amount of security derived from a business's inventory and accounts receivable pledged in a general security agreement is the value of those assets at any given time. A)True
B)False
Q4) Explain the environmental due diligence process.
Q5) Identify the new federal government regulations that apply to credit cards issued by federally regulated institutions.
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Page 29
Chapter 27: Bankruptcy and Insolvency
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Q1) A debtor must commit one of the specified acts of bankruptcy prior to creditors being in a legal position to petition the debtor into bankruptcy.
A)True
B)False
Q2) What is the difference between a bankrupt debtor and an insolvent debtor?
A) the acceptance of a proposal
B) a creditor's ability to sue an insolvent
C) the involvement of a trustee
D) a distinct legal status
Q3) A proof of claim giving formal notice of the amount owed and the nature of the debt must be provided by a creditor to a bankrupt's trustee.
A)True
B)False
Q4) Explain what a proof of claim is and the procedure involved once a proof of claim has been submitted.
Q5) Describe the purposes of early bankruptcy legislation that are confirmed in the Canadian version of bankruptcy legislation.
Q6) Identify the purposes that a proposal is intended to achieve.
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Chapter 28: Insurance
Available Study Resources on Quizplus for this Chatper
70 Verified Questions
70 Flashcards
Source URL: https://quizplus.com/quiz/27019
Sample Questions
Q1) Which of the following is a distinguishing characteristic of comprehensive general liability insurance?
A) It compensates for liability for damage to the property of third parties.
B) It compensates for liability for personal injuries suffered by a third party.
C) It compensates for a third party's property damage and personal injuries.
D) It compensates for losses sustained directly by the insured itself.
Q2) What is the major distinction among the various provincial automobile insurance legislations?
A) the elimination of bodily injury or death tort actions in all provinces but Manitoba
B) the reliance on tort-based liability or no-fault systems for compensating injury or death
C) the elimination of bodily injury or death tort actions in each jurisdiction except Quebec
D) the reliance on tort-based compensation for pain and suffering is optional in Ontario
Q3) Discuss subrogation.
Q4) A rider is written evidence of a change in an existing policy of insurance.
A)True
B)False
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