Question 1

The Canadian Charter is said to be entrenched in the Canadian Constitution, this means that

Accepted Answer

A)  it is a rule of the Canadian constitution that must be considered by judges only. 
B)  the rights set out in the Charter are absolute. 
C)  it is not part of the Human Rights Act. 
D)  Judges are given the authority to resolve Charter problems. 
E)  it cannot be repealed by an ordinary act of Parliament or of the provincial legislatures. 
A)  it is a rule of the Canadian constitution that must be considered by judges only. 
B)  the rights set out in the Charter are absolute. 
C)  it is not part of the Human Rights Act. 
D)  Judges are given the authority to resolve Charter problems. 
E)  it cannot be repealed by an ordinary act of Parliament or of the provincial legislatures.

Question 2

In Canada, municipal government have the power to pass legislation.

Accepted Answer

A) True 
 B)False

Question 3

Give four kinds of rights that are covered by the Canadian Charter of Rights and Freedoms.

Accepted Answer

These are equality,

Question 4

The requirement that unless a party to a legal proceedings is able to show facts and law to prove its case it will lose, is referred to as

Accepted Answer

A)  the issue. 
B)  the proof. 
C)  the presumption. 
D)  the burden. 
E)  ultra vires. 
A)  the issue. 
B)  the proof. 
C)  the presumption. 
D)  the burden. 
E)  ultra vires.

Question 5

Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute. Section 1

Accepted Answer

A)  enables Parliament to override decision of the courts regarding the Charter 
B)  permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society 
C)  allows the courts to decide whether it is necessary to infringe rights in order to maintain the values of a free and democratic society 
D)  enables provincial legislatures to override decisions of the courts regarding the Charter 
E)  none of the above 
A)  enables Parliament to override decision of the courts regarding the Charter 
B)  permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society 
C)  allows the courts to decide whether it is necessary to infringe rights in order to maintain the values of a free and democratic society 
D)  enables provincial legislatures to override decisions of the courts regarding the Charter 
E)  none of the above

Question 6

Legal positivism is concerned with

Accepted Answer

A)  determining who rules every society. 
B)  determining the body of law that is. 
C)  describing the laws of society. 
D)  the normative laws of government. 
E)  none of the above 
A)  determining who rules every society. 
B)  determining the body of law that is. 
C)  describing the laws of society. 
D)  the normative laws of government. 
E)  none of the above

Question 7

Which of the following is not part of the role or function of the courts?

Accepted Answer

A)  to determine the validity of legislation 
B)  to arrest offenders 
C)  to interpret legislation 
D)  to resolve disputes between parties 
E)  to protect civil liberties 
A)  to determine the validity of legislation 
B)  to arrest offenders 
C)  to interpret legislation 
D)  to resolve disputes between parties 
E)  to protect civil liberties

Question 8

In a federal country such as Canada, the federal government has the authority to alter the structure of the provincial government.

Accepted Answer

A) True 
 B)False

Question 9

Affirmative action programs are permitted under the Charter of Rights and Freedoms.

Accepted Answer

A) True 
 B)False

Question 10

The "notwithstanding" provision in the Charter of Rights and Freedoms is one that

Accepted Answer

A)  allows a legislature to pass laws that override the fundamental freedoms specified in the Charter if the provision specifically states that it shall operate notwithstanding the freedoms specified in the Charter. 
B)  allows a Court to decide that notwithstanding the fundamental freedoms specified in the Charter, the judgment of the court is supreme. 
C)  allows a legislature to pass a law that provides that notwithstanding the law that has been passed the Charter of Rights and Freedoms will still apply. 
D)  allows a legislature to pass laws that override the fundamental freedoms specified in the Charter. 
E)  allows a legislature to pass a law notwithstanding a court Order that prohibits it from doing so. 
A)  allows a legislature to pass laws that override the fundamental freedoms specified in the Charter if the provision specifically states that it shall operate notwithstanding the freedoms specified in the Charter. 
B)  allows a Court to decide that notwithstanding the fundamental freedoms specified in the Charter, the judgment of the court is supreme. 
C)  allows a legislature to pass a law that provides that notwithstanding the law that has been passed the Charter of Rights and Freedoms will still apply. 
D)  allows a legislature to pass laws that override the fundamental freedoms specified in the Charter. 
E)  allows a legislature to pass a law notwithstanding a court Order that prohibits it from doing so.

Question 11

Explain the approaches that the courts in Canada use when they have to interpret legislation.

Accepted Answer

There are two main approaches that are u

Question 12

Section 15 of the Canadian Charter of Rights and Freedoms deals with

Accepted Answer

A)  equality rights. 
B)  national politics. 
C)  the applicability of the Human Rights Act. 
D)  legal rights. 
E)  its application to citizens of the United States. 
A)  equality rights. 
B)  national politics. 
C)  the applicability of the Human Rights Act. 
D)  legal rights. 
E)  its application to citizens of the United States.

Question 13

The Supreme Court of Canada performs several roles. One role it does NOT perform is

Accepted Answer

A)  interpreter of legislation. 
B)  resolving disputes between private parties. 
C)  determining the validity of legislation. 
D)  protector of civil liberties. 
E)  an umpire between the various levels of government. 
A)  interpreter of legislation. 
B)  resolving disputes between private parties. 
C)  determining the validity of legislation. 
D)  protector of civil liberties. 
E)  an umpire between the various levels of government.

Question 14

"Law" is the same thing as "Justice".

Accepted Answer

A) True 
 B)False

Question 15

All legal systems require that persons in society accept an assumptions as about laws. What is this assumption?

Accepted Answer

The assumption is th

Question 16

What is subordinate legislation?

Accepted Answer

Subordinate legislation is the

Question 17

Which of the following is NOT a source of law?

Accepted Answer

A)  Crown corporations 
B)  court decisions 
C)  administrative tribunals 
D)  the provincial legislatures 
E)  Parliament 
A)  Crown corporations 
B)  court decisions 
C)  administrative tribunals 
D)  the provincial legislatures 
E)  Parliament

Question 18

A primary objective of the Charter of Rights and Freedoms is to ensure that business practices conform to basic human rights.

Accepted Answer

A) True 
 B)False

Question 19

In a federal country such as Canada, the Supreme Court of Canada, and not Parliament, usually has the last word on the law because

Accepted Answer

A)  the Supreme Court of Canada is made up of Judges that make law. 
B)  the Supreme Court of Canada is the highest court in the land. 
C)  there are two distinct levels of government. 
D)  Parliament only makes laws. 
E)  the judges of the Supreme Court of Canada are appointed by the federal government. 
A)  the Supreme Court of Canada is made up of Judges that make law. 
B)  the Supreme Court of Canada is the highest court in the land. 
C)  there are two distinct levels of government. 
D)  Parliament only makes laws. 
E)  the judges of the Supreme Court of Canada are appointed by the federal government.

Question 20

Law that is made by government that establishes standards of behaviour and regulating human conduct is referred to as

Accepted Answer

A)  positive law. 
B)  governmental law. 
C)  basic law. 
D)  natural law. 
E)  normative law. 
A)  positive law. 
B)  governmental law. 
C)  basic law. 
D)  natural law. 
E)  normative law.

Exam 1: Law and Society

The Canadian Charter is said to be entrenched in the Canadian Constitution, this means that

In Canada, municipal government have the power to pass legislation.

Give four kinds of rights that are covered by the Canadian Charter of Rights and Freedoms.

The requirement that unless a party to a legal proceedings is able to show facts and law to prove its case it will lose, is referred to as

Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute. Section 1

Legal positivism is concerned with

Which of the following is not part of the role or function of the courts?

In a federal country such as Canada, the federal government has the authority to alter the structure of the provincial government.

Affirmative action programs are permitted under the Charter of Rights and Freedoms.

The "notwithstanding" provision in the Charter of Rights and Freedoms is one that

Explain the approaches that the courts in Canada use when they have to interpret legislation.

Section 15 of the Canadian Charter of Rights and Freedoms deals with

The Supreme Court of Canada performs several roles. One role it does NOT perform is

"Law" is the same thing as "Justice".

All legal systems require that persons in society accept an assumptions as about laws. What is this assumption?

What is subordinate legislation?

Which of the following is NOT a source of law?

A primary objective of the Charter of Rights and Freedoms is to ensure that business practices conform to basic human rights.

In a federal country such as Canada, the Supreme Court of Canada, and not Parliament, usually has the last word on the law because

Law that is made by government that establishes standards of behaviour and regulating human conduct is referred to as

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

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

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

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

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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