Question 1

Specific performance and contempt of court are examples of

Accepted Answer

A) common law rules. 
B) rules of the law merchant. 
C) rules of canon law. 
D) equitable remedies. 
E) subordinate legislation. 
A) common law rules. 
B) rules of the law merchant. 
C) rules of canon law. 
D) equitable remedies. 
E) subordinate legislation.

Question 2

An arbitration is presided over by a mediator whose decision is binding on the parties to the arbitration.

Accepted Answer

A) True 
 B)False

Question 3

The rule stare decisis

Accepted Answer

A) is a hard and fast rule that has qualifications attached to it that allow judges to depart from it. 
B) is merely a principle that applies in those countries where the law is codified. 
C) is not a hard and fast rule and is not always followed. 
D) is a hard and fast rule that is always followed. 
E) has no place in a system based on common law. 
A) is a hard and fast rule that has qualifications attached to it that allow judges to depart from it. 
B) is merely a principle that applies in those countries where the law is codified. 
C) is not a hard and fast rule and is not always followed. 
D) is a hard and fast rule that is always followed. 
E) has no place in a system based on common law.

Question 4

The primary goals of the common law when it was developed were

Accepted Answer

A) efficiency and regularity. 
B) consistency and predictability. 
C) efficiency and speed. 
D) justice and speed. 
E) justice and regularity. 
A) efficiency and regularity. 
B) consistency and predictability. 
C) efficiency and speed. 
D) justice and speed. 
E) justice and regularity.

Question 5

Which of the following is NOT one of the tiers of courts in Canada?

Accepted Answer

A) intermediate provincial appeal courts 
B) Supreme Court of Canada 
C) circuit courts 
D) court of first instance 
E) none of the above 
A) intermediate provincial appeal courts 
B) Supreme Court of Canada 
C) circuit courts 
D) court of first instance 
E) none of the above

Question 6

Why is hearsay evidence generally not admissible in a trial?

Accepted Answer

Witnesses who testify in court should be

Question 7

Janet recently learned that her credit card company charged her an unauthorized amount of 94 cents on her credit card bill.She reviewed the matter and determined that this charge had been made on a monthly basis for several months.She consulted with a lawyer who told her that in the circumstances the best procedural approach to addressing the problem was for her to

Accepted Answer

A) issue a claim in Small Claims Court for the few dollars that she had been improperly charged. 
B) commence court proceedings in Superior Court seeking a greater amount for legal costs. 
C) do nothing given the small amount at stake and the costs of litigation. 
D) seek to have the action against the credit card company certified as a class action thereby allowing her to represent the entire group of possible class members,i.e.those who likewise were billed an unauthorized amount by the credit card company. 
E) forget any court proceedings but try to attract media attention. 
A) issue a claim in Small Claims Court for the few dollars that she had been improperly charged. 
B) commence court proceedings in Superior Court seeking a greater amount for legal costs. 
C) do nothing given the small amount at stake and the costs of litigation. 
D) seek to have the action against the credit card company certified as a class action thereby allowing her to represent the entire group of possible class members,i.e.those who likewise were billed an unauthorized amount by the credit card company. 
E) forget any court proceedings but try to attract media attention.

Question 8

The merger of the courts of chancery with the courts of common law has resulted in judges abandoning the philosophy of equity when deciding cases.

Accepted Answer

A) True 
 B)False

Question 9

Jack decides to sue Mary and consults a lawyer.Because Jack had very little money,the lawyer agrees that his fees will take the form of a percentage of the damages Jake collects if he wins.The lawyer's fee arrangement is a

Accepted Answer

A) contingent fee arrangement. 
B) flat fee arrangement. 
C) solicitor-client fee arrangement. 
D) sliding scale fee arrangement. 
E) party and party costs. 
A) contingent fee arrangement. 
B) flat fee arrangement. 
C) solicitor-client fee arrangement. 
D) sliding scale fee arrangement. 
E) party and party costs.

Question 10

The privilege between a doctor and his or her patient is recognized by law in the same way as solicitor-client privilege.

Accepted Answer

A) True 
 B)False

Question 11

The only court in Canada that is not bound by its own decisions is the Supreme Court of Canada.

Accepted Answer

A) True 
 B)False

Question 12

Of the two main classes of legislation,

Accepted Answer

A) active legislation gives the government itself the power to carry on a program and to change the law. 
B) active legislation gives the government itself the power to change the law. 
C) passive legislation gives the government itself the power to carry on a program. 
D) active legislation gives the government itself the power to carry on a program and passive legislation allows it to change the law. 
E) passive legislation gives the government itself the power to carry on a program and to change the law. 
A) active legislation gives the government itself the power to carry on a program and to change the law. 
B) active legislation gives the government itself the power to change the law. 
C) passive legislation gives the government itself the power to carry on a program. 
D) active legislation gives the government itself the power to carry on a program and passive legislation allows it to change the law. 
E) passive legislation gives the government itself the power to carry on a program and to change the law.

Question 13

A statement of defence cannot be combined with a counterclaim.

Accepted Answer

A) True 
 B)False

Question 14

When a party wins a legal action,the judge will usually award the successful party

Accepted Answer

A) legal aid. 
B) total costs of the litigation. 
C) solicitor-client costs. 
D) party and party costs. 
E) out-of-pocket expenses only. 
A) legal aid. 
B) total costs of the litigation. 
C) solicitor-client costs. 
D) party and party costs. 
E) out-of-pocket expenses only.

Question 15

The two models of legal aid that are used in Canada are the

Accepted Answer

A) Ontario legal aid and legal clinics. 
B) community legal clinic and judicare. 
C) judicare and payment plans. 
D) payment plans and community clinic. 
E) free services and community legal services. 
A) Ontario legal aid and legal clinics. 
B) community legal clinic and judicare. 
C) judicare and payment plans. 
D) payment plans and community clinic. 
E) free services and community legal services.

Question 16

A valid argument as to why the rule stare decisis should not be an absolute rule is that

Accepted Answer

A) no two sets of facts are identical in every respect. 
B) fairness in law often requires that judges exercise some flexibility in their approaches to some cases. 
C) precedents only bind the same set of circumstances. 
D) judges are only bound to follow decisions of higher courts. 
E) all of the above 
A) no two sets of facts are identical in every respect. 
B) fairness in law often requires that judges exercise some flexibility in their approaches to some cases. 
C) precedents only bind the same set of circumstances. 
D) judges are only bound to follow decisions of higher courts. 
E) all of the above

Question 17

When considering whether or not it is worthwhile to commence an action or lawsuit ,a prudent business manager must consider

Accepted Answer

A) the staggering costs of the litigation,even if winning appears to be a certainty. 
B) that even if winning appears to be a certainty,it may be impossible to collect any money from the defendant. 
C) that there is always a risk of losing and having to pay the legal costs of the other party. 
D) that even if winning appears to be a certainty,the litigation may take up a huge amount of the business manager's time,which would be better spent concentrating on the business. 
E) all of the above 
A) the staggering costs of the litigation,even if winning appears to be a certainty. 
B) that even if winning appears to be a certainty,it may be impossible to collect any money from the defendant. 
C) that there is always a risk of losing and having to pay the legal costs of the other party. 
D) that even if winning appears to be a certainty,the litigation may take up a huge amount of the business manager's time,which would be better spent concentrating on the business. 
E) all of the above

Question 18

Trial judges hear evidence and appeal judges review evidence.Explain.

Accepted Answer

A trial is the culmination of an action.

Question 19

Substantive law deals with the rights and duties of each person in society,and procedural law deals with the machinery to enforce those rights.

Accepted Answer

A) True 
 B)False

Question 20

There are two models of legal aid that are used in Canada.

Accepted Answer

A) True 
 B)False

Exam 2: The Machinery of Justice

Specific performance and contempt of court are examples of

An arbitration is presided over by a mediator whose decision is binding on the parties to the arbitration.

The rule stare decisis

The primary goals of the common law when it was developed were

Which of the following is NOT one of the tiers of courts in Canada?

Why is hearsay evidence generally not admissible in a trial?

The merger of the courts of chancery with the courts of common law has resulted in judges abandoning the philosophy of equity when deciding cases.

Jack decides to sue Mary and consults a lawyer.Because Jack had very little money,the lawyer agrees that his fees will take the form of a percentage of the damages Jake collects if he wins.The lawyer's fee arrangement is a

The privilege between a doctor and his or her patient is recognized by law in the same way as solicitor-client privilege.

The only court in Canada that is not bound by its own decisions is the Supreme Court of Canada.

Of the two main classes of legislation,

A statement of defence cannot be combined with a counterclaim.

When a party wins a legal action,the judge will usually award the successful party

The two models of legal aid that are used in Canada are the

A valid argument as to why the rule stare decisis should not be an absolute rule is that

When considering whether or not it is worthwhile to commence an action or lawsuit ,a prudent business manager must consider

Trial judges hear evidence and appeal judges review evidence.Explain.

Substantive law deals with the rights and duties of each person in society,and procedural law deals with the machinery to enforce those rights.

There are two models of legal aid that are used in Canada.

Law, society, and Business

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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