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Link download full: Test Bank for Business Law in Canada Canadian Edition 10th Edition by Yates http://testbankcollection.com/download/test-bank-for-businesslaw-in-canada-canadian-edition-10th-edition-by-yates 1) A sophisticated client a. does not require the services of a lawyer. b. understands the importance of the solicitor–client relationship. c. distrusts and derides lawyers. d. is someone with formal legal training. e. should represent him- or herself, rather than paying for legal services. Answer: b Diff: 2 Type: MC Topic: Ch. 1 - Managing Your Legal Affairs Skill:Recall Objective: Chapter 1: 1.Explain the meaning of “sophisticated client.” 2) Raman is a sophisticated client. This means that she a. understands how to manage a lawyer–client relationship. b. has a law degree. c. is a small business owner. d. manages her legal affairs without assistance from a lawyer. e. will probably never find herself in a situation necessitating legal advice. Answer: a Diff: 1 Type: MC Topic: Ch. 1 - Managing Your Legal Affairs Skill: Recall Objective: Chapter 1: 1. Explain the meaning of "sophisticated client."Copyright © 2014 Pearson Canada Inc. 13) In the context of a sophisticated client, "sophisticated" can best be defined as a. complicated, self-reliant, and cosmopolitan. b. refined and cultured. c. simple and naive. d. confident, knowledgeable, and up to date. e. aggressive, dynamic, and forceful. Answer: d Diff: 1 Type: MC Topic: Ch. 1 - Becoming a Sophisticated Client Skill: Recall Objective: Chapter 1: 1. Explain the meaning of "sophisticated client.” 4) Which of the following best describes the likelihood of a student becoming involved in a situation necessitating legal advice? a. A student, or someone close to the student, sometimes becomes involved in such a situation. b. A student, or someone close to the student, will always become involved in such a situation c. Because students are not businesspeople, they never become involved in such situations. d. Because students cannot be sophisticated, they will often become involved in such situations. e. Legal advice is not available to students. Answer: a Diff: 1 Type: MC Topic: Ch. 1 - "I Think I Need Legal Advice ..." Skill: Applied Objective: Chapter 1: 1. Explain the meaning of "sophisticated client.” 5) Becoming a sophisticated client will a. ensure that a businessperson never needs a lawyer. b. help a businessperson manage her legal affairs more efficiently and effectively. Copyright © 2014 Pearson Canada Inc. 2c. result in a businessperson developing a bias against lawyers. d. relieve a businessperson from having to conduct legal research. e. protect a businessperson from needing legal advice. Answer: b Diff: 2 Type: MC Topic: Ch. 1 - "I Think I Need Legal Advice ..." Skill: Applied Objective: Chapter 1: 1. Explain the meaning of "sophisticated client.” 6) Having a good lawyer on your team is a. usually too expensive to be worthwhile. b. only necessary for large companies. c. a good alternative to becoming a sophisticated client. d. a legal requirement prior to incorporating a business. e. a critical component of being a sophisticated client. Answer: e Diff: 3 Type: MC Topic: Ch. 1 - Becoming a Sophisticated Client Skill: Applied Objective: Chapter 1: 1. Explain the meaning of "sophisticated client.” 7) William Shakespeare's Henry VI, Part II includes the line "The first thing we do, let's kill all the lawyers." The president of the Canadian Bar Association interpreted this quotation as a. a comment on the importance of the "rule of law." b. a lawyer-bashing joke. c. a threat to all members of the legal profession. d. an offence meriting severe legal consequences. e. a humorous attempt to embarrass lawyers everywhere.Copyright © 2014 Pearson Canada Inc. 3Answer: a Diff: 3 Type: MC Topic: Ch. 1 - "I Think I Need Legal Advice ..." Skill: Recall Objective: Chapter 1: 1. Explain the meaning of "sophisticated client.” 8) Which of the following best describes the role of the lawyer? a. The lawyer makes the legal decisions for the client. b. The lawyer is simply one of the experts the businessperson consults. c. The client must follow the lawyer's instructions, as long as they are lawful. d. The client makes decisions regarding civil matters; the lawyer makes decisions regarding criminal matters. e. The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. Answer: b Diff: 2 Type: MC Topic: Ch. 1 - The Role of the Lawyer Skill: Recall Objective: Chapter 1: 2. Describe the role of the lawyer. 9) Which of the following statements best describes solicitor–client privilege? a. The lawyer makes the legal decisions for the client. b. The lawyer is the only expert a client should consult. c. The lawyer must follow the client's instructions, even if they are illegal in nature. d. Refers to the duty of the lawyer to keep the information provided by the client confidential. e. The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. Answer: d Diff: 2 Type: MC Topic: Ch. 1 - The Role of the Lawyer Copyright © 2014 Pearson Canada Inc. 4Skill: Recall Objective: Chapter 1: 2. Describe the role of the lawyer. 10) Which of the following is NOT a good reason for a businessperson to seek advice from a lawyer? a. The businessperson cannot find the necessary legal information. b. The businessperson cannot understand the necessary legal information. c. The necessary legal information is available online. d. It would take too long for the businessperson to find the necessary legal information. e. The businessperson is facing criminal charges. Answer: c Diff: 3 Type: MC Topic: Ch. 1 - When to Represent Yourself Skill: Applied Objective: Chapter 1: 3. Identify when to hire a lawyer and when to represent yourself. 11) For sophisticated clients, the availability of an abundance of legal information online is a. a negative development, because online information is rarely accurate or helpful. b. a positive development, because it means that they will no longer need to retain lawyers as part of their team. c. a negative development, because accessing this information tends to be more costly than retaining a lawyer. d. a positive development, because it provides greater access to information they can use as part of their decision-making process. e. a neutral development, because lawyers are still the only ones able to access this information. Answer: d Diff: 2 Type: MC Topic: Ch. 1 - When to Represent Yourself Skill: Applied Objective: Chapter 1: 3. Identify when to hire a lawyer and when to represent yourself. Copyright Š 2014 Pearson Canada Inc. 512) When searching online for legal information, it is best to a. trust that if it is published online, it must be accurate. b. never trust the information found on a website. c. use American sources, as they tend to be more comprehensive than Canadian ones. d. gauge the accuracy of the information by the look of the website. e. seek advice from a lawyer when answers cannot be readily found. Answer: e Diff: 2 Type: MC Topic: Ch. 1 - When to Hire a Lawyer Skill: Recall Objective: Chapter 1: 3. Identify when to hire a lawyer and when to represent yourself. 13) Sophisticated clients a. do not need to retain a lawyer. b. know that it is better to hire a lawyer than to conduct research on one's own. c. are willing to pay for legal advice at any cost. d. tend to be embarrassed to request legal advice. e. have the skill and confidence to find basic legal information. Answer: e Diff: 1 Type: MC Topic: Ch. 1 - When to Hire a Lawyer Skill: Recall Objective: Chapter 1: 3. Identify when to hire a lawyer and when to represent yourself. 14) One reason for the general lack of respect for lawyers is that a. many people do not understand the role of the lawyer in the solicitor–client relationship. b. lawyers are not bound by a Code of Professional Conduct. c. lawyers who breach their duties are generally not subject to any punishment. d. lawyers are rarely able to provide information or advice relevant to business matters. Copyright Š 2014 Pearson Canada Inc. 6e. the cost of legal advice generally outweighs its benefit. Answer: a Diff: 2 Type: MC Topic: Ch. 1 - The Role of the Lawyer Skill: Recall Objective: Chapter 1: 2. Describe the role of the lawyer. 15) The role of the lawyer is to a. provide legal advice relevant to the client's situation, which the client is free to ignore. b. provide legal advice relevant to the client's situation, which the client has no choice but to follow. c. tell their clients what they must do. d. tell their clients what they must not do. e. delay the client's decision-making process. Answer: a Diff: 2 Type: MC Topic: Ch. 1 - The Role of the Lawyer Skill: Recall Objective: Chapter 1: 2. Describe the role of the lawyer. 16) The primary purpose of an initial consultation with a lawyer is a. to arrange payment of the lawyer's fees up front. b. to develop strategies for dealing with the legal situation in question. c. for the prospective client to decide whether to retain the lawyer. d. for the prospective lawyer to help mediate the current dispute. e. to discuss the availability of Legal Aid. Answer: c Diff: 2 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Recall Copyright Š 2014 Pearson Canada Inc. 7Objective: Chapter 1: 4. Explain how to find a good lawyer. 17) The decision to enter into the lawyer–client relationship should be a. made quickly to ensure that no one else can retain your lawyer. b. solely up to the lawyer, as he or she is the one with the legal training. c. made primarily on the basis of cost. d. a mutual decision made primarily on the basis of trust. e. solely up the client, as he or she is the one paying for the services. Answer: d Diff: 2 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Applied Objective: Chapter 1: 4. Explain how to find a good lawyer. 18) When setting up a small business, the best approach to follow is to assume that after the business has been set up and commences operating a. the lawyer you chose to assist you in the start-up of the business will continue to represent you. b. the lawyer you chose to assist you in the start-up of the business will refer you to a different lawyer. c. a lawyer will no longer be required. d. you will not need legal advice, as long as you are a sophisticated client. e. the lawyer you chose to assist you in the start-up of the business will provide free legal services for the duration of the business's operation. Answer: a Diff: 2 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Applied Objective: Chapter 1: 4. Explain how to find a good lawyer. 19) Which of the following is NOT an advantage to maintaining an ongoing relationship with your lawyer? Copyright Š 2014 Pearson Canada Inc. 8a. The lawyer will know and understand you and your business. b. The lawyer will be able to provide legal advice more efficiently, thereby reducing your legal costs. c. The lawyer will be able to customize his or her legal advice, so it will be even more useful to you. d. The lawyer will automatically track your business activities, so that he or she can provide constant advice and guidance. e. The lawyer will view you as her client, giving you and your requests priority. Answer: d Diff: 2 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Applied Objective: Chapter 1: 4. Explain how to find a good lawyer.20) When someone refers you to a particular lawyer, you should a. retain the lawyer regardless of who gave you the referral. b. ensure the referral is being given by someone you trust. c. retain the lawyer regardless of his or her area of practice. d. ensure the referral is from a family member, rather than a mere friend. e. ignore the referral as irrelevant. Answer: b Diff: 1 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Recall Objective: Chapter 1: 4. Explain how to find a good lawyer. 21) A lawyer referral service a. will enable a businessperson to retain a lawyer without need for an initial consultation. b. is an online fee-based service providing guaranteed results. c. regulates the legal profession in the interest of the public.Copyright Š 2014 Pearson Canada Inc. 9d. provides the names and phone numbers of lawyers who practice in a particular area of law. e. is also known as "Legal Aid." Answer: d Diff: 2 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Recall Objective: Chapter 1: 4. Explain how to find a good lawyer. 22) A provincial law society a. is a self-governing body for lawyers. b. has as its mandate the provision of free legal services, in the public interest. c. operates primarily to offer low-cost legal advice to members. d. operates primarily to enhance the commercial interests of its members. e. is a self-governing body for businesspeople seeking legal advice.Copyright Š 2014 Pearson Canada Inc. 10Diff: 2 Type: How to Find a Good Lawyer Skill: Recall Objective: Chapter 1: 4. Explain how to find a good lawyer. 23) The Canadian Bar Association is a. the national society for legal aid services. b. a professional organization that represents judges and lawyers. c. focused on enhancing public safety in the liquor distribution industry. d. an organization responsible for reviewing lawyers' accounts. e. a disciplinary body for members of the legal profession. Answer: b Diff: 3 Type: MC Topic: Ch. 1 - How to Find a Good Lawyer Skill: Recall Objective: Chapter 1: 4. Explain how to find a good lawyer. 24) A agreement, which is often appropriate in personal injury claims or product liability cases, is used when the client does not have any funds to pay the lawyer at the beginning of the case. a. contingency fee b. legal aid c. fixed fee d. disbursement e. deposit Answer: a Diff: 1 Type: MC Topic: Ch. 1 – How Lawyers Bill Their Clients Skill: Recall Objective: Chapter 1: 5. Review how lawyers bill their clients.Copyright Š 2014 Pearson Canada Inc. 1125) usually include costs such as the court fees for filing documents, longdistance telephone charges, courier charges, and photocopying costs. a. Contingency fees b. Disbursements c. Retainers d. Stipends e. Fixed fees Answer: b Diff: 2 Type: MC Topic: Ch. 1 – How Lawyers Bill Their Clients Skill: Recall Objective: Chapter 1: 5. Review how lawyers bill their clients. 26) Legal aid is a. universally available, regardless of subject matter or financial need. b. available to anyone who can demonstrate financial need, regardless of subject matter. c. available exclusively for criminal law issues, subject to demonstrated financial need. d. only available for business law issues. e. available subject to substantive and financial eligibility requirements. Answer: e Diff: 2 Type: MC Topic: Ch. 1 - Legal Aid Skill: Recall Objective: Chapter 1: 6. Describe legal aid. 27) Which of the following statements is most accurate? a. If you have a legal problem and cannot afford a lawyer, you may be eligible for legal aid. b. If you have a legal problem and cannot afford a lawyer, one will be provided for you. c. If you qualify for legal aid, you will automatically be exempt from all legal costs. d. Everyone qualifies for legal aid. e. Everyone can afford a lawyer. Copyright Š 2014 Pearson Canada Inc. 12Diff: 1 Type: Legal Aid Skill: Recall Objective: Chapter 1: 6. Describe legal aid. 28) If you collect money as a result of a settlement or judgment obtained through the assistance of legal aid, you will a. probably have to repay some or all of the legal aid benefits you received. b. probably be ineligible to enforce the settlement or judgment if the debtor refuses to pay. c. probably be able to keep the full amount of the settlement of judgment. d. be required to turn the amount of the settlement or judgment over to legal aid. e. be required to turn the amount of the settlement or judgment over to the court. Answer: a Diff: 3 Type: MC Topic: Ch. 1 - Legal Aid Skill: Applied Objective: Chapter 1: 6. Describe legal aid. 29) Legal Aid Ontario will NOT cover any of the following except a. wrongful dismissal. b. criminal matters. c. change of name. d. personal bankruptcy. e. defamation. Answer: b Diff: 3 Type: MC Topic: Ch. 1 - Legal Aid Skill: Applied Objective: Chapter 1: 6. Describe legal aid. Copyright Š 2014 Pearson Canada Inc. 1330) The BC Legal Services Society may pay for a lawyer for a low-income client if the client has a legal problem involving any of the following except a. criminal charges. b. mental health or prison issues. c. commercial litigation. d. serious family problems. e. immigration problems. Answer: c Diff: 3 Type: MC Topic: Ch. 1 - Legal Aid Skill: Applied Objective: Chapter 1: 6. Describe legal aid. 31) A small business owner a. is wise to obtain legal aid for its business matters, rather than having to incur legal costs. b. is automatically entitled to legal aid assistance. c. is usually not able to receive legal aid with respect to the legal issues involving the business. d. should always use duty counsel, rather than having to retain a lawyer. e. should retain duty counsel to draft contracts outlining legal duties. Answer: c Diff: 2 Type: MC Topic: Ch. 1 - Legal Aid Skill: Applied Objective: Chapter 1: 6. Describe legal aid. 32) Which of the following statements regarding duty counsel is accurate? a. Duty counsel can provide limited assistance in certain court matters. b. Duty counsel are available to assist in a wide range of business law issues. c. There is an advantage to using duty counsel rather than retaining one's own lawyer. d. Duty counsel typically take on your entire case and represent you at trial. e. There is a lengthy application process to obtain duty counsel. Copyright Š 2014 Pearson Canada Inc. 14Diff: 3 Type: Legal Aid Skill: Recall Objective: Chapter 1: 6. Describe legal aid. 33) Duty counsel are typically available a. for small claims and real estate disputes. b. in superior court bankruptcy matters. c. for commercial litigation. d. in criminal courts, family courts, or immigration courts. e. to review and draft a variety of contracts. Answer: d Diff: 2 Type: MC Topic: Ch. 1 - Legal Aid Skill: Applied Objective: Chapter 1: 6. Describe legal aid. 34) Duty counsel are a. court lawyers who assist individuals who are not represented by a lawyer. b. non-lawyers who provide advice to those in financial need. c. legal assistants who offer legal services at rates significantly lower than those charged by lawyers. d. retired lawyers and judges who volunteer through legal aid societies. e. law students who are fulfilling requirements established by a provincial law society. Answer: a Diff: 2 Type: MC Topic: Ch. 1 - Legal Aid Skill: Recall Objective: Chapter 1: 6. Describe legal aid. 35) Legal fees Copyright Š 2014 Pearson Canada Inc. 15a. are always calculated in a single, specified way. b. should not be discussed with a lawyer until a bill has been prepared. c. are typically negligible. d. should be discussed during the initial consultation with the lawyer. e. are rarely the subject of confusion or misunderstanding. Answer: d Diff: 1 Type: MC Topic: Ch. 1 - How Lawyers Bill Their Clients Skill: Recall Objective: Chapter 1: 5. Review how lawyers bill their clients. 36) Which of the following statements is true? a. It is a popular misconception that legal services can be very costly. b. Some people don't retain lawyers even when they need them because they are afraid of the cost. c. All lawyers bill clients on an hourly basis. d. It is considered unprofessional to raise the issue of fees during a consultation with a lawyer. e. Lawyers should always be retained, regardless of the cost. Answer: b Diff: 2 Type: MC Topi
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