Question 1

Which of the following statements is incorrect regarding legal remedies?

Accepted Answer

A) If a business had improperly used the logo of another company to market its own products,misleading the public as to the source of the product,the judge might order an accounting. 
B) Where a person is selling pirated versions of a Disney movie,an Anton Piller order could be used to seize the movies and related documents in advance of the trial. 
C) If a business had improperly used the logo of another company to market its own products,misleading the public as to the source of the product,the judge would likely award damages for pain and suffering. 
D) Where a person is selling pirated versions of a Disney movie,both an Anton Piller order and a Mareva injunction might be authorized. 
E) In the case of dispute over the sale of land,if the judge determines that the sale should proceed,he or she might order specific performance. 
A) If a business had improperly used the logo of another company to market its own products,misleading the public as to the source of the product,the judge might order an accounting. 
B) Where a person is selling pirated versions of a Disney movie,an Anton Piller order could be used to seize the movies and related documents in advance of the trial. 
C) If a business had improperly used the logo of another company to market its own products,misleading the public as to the source of the product,the judge would likely award damages for pain and suffering. 
D) Where a person is selling pirated versions of a Disney movie,both an Anton Piller order and a Mareva injunction might be authorized. 
E) In the case of dispute over the sale of land,if the judge determines that the sale should proceed,he or she might order specific performance. C

Question 2

Ms.Jones was dissatisfied with the decision of the worker's compensation tribunal,feeling its decision may have been fair but that it did not take her personal objectives into consideration.She decided to ask for a court to review the decision,but her request was denied.Explain when courts will intervene in such situations.

Accepted Answer

The Supreme Court of Canada has made it clear that considerable deference should be given to such regulatory bodies,and only rarely should the courts interfere with their decisions.The grounds for such interference have been reduced to "correctness" and "reasonableness." Correctness refers to the process and includes the tribunal having the authority (jurisdiction)and to the fairness of the process.The reasonableness standard means essentially that,where the board has several different options,the choice made is reasonable.Where the board has several different options,and if the one chosen could be said to be reasonable,a reviewing court cannot substitute its own decision even if it determines it to be more reasonable than that of the board.

Question 3

Which of the following is true in relation to the Supreme Court of Canada?

Accepted Answer

A) The Supreme Court of Canada has one judge from each province and territory. 
B) The Supreme Court of Canada selects the cases it hears based on what it thinks is most important for the country. 
C) Private citizens have the right to take cases to the Supreme Court of Canada as a final appeal. 
D) The judges on the Supreme Court of Canada are appointed by Parliament. 
E) The Supreme Court of Canada hears appeals from federal courts,but not from provincial courts of appeal. 
A) The Supreme Court of Canada has one judge from each province and territory. 
B) The Supreme Court of Canada selects the cases it hears based on what it thinks is most important for the country. 
C) Private citizens have the right to take cases to the Supreme Court of Canada as a final appeal. 
D) The judges on the Supreme Court of Canada are appointed by Parliament. 
E) The Supreme Court of Canada hears appeals from federal courts,but not from provincial courts of appeal. B

Question 4

Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms?

Accepted Answer

A) Any provincial human rights legislation must comply with the provisions of the Charter. 
B) The Charter applies to the federal and provincial governments. 
C) The Charter takes precedence over Aboriginal treaty rights when there are inconsistencies between the two. 
D) The provisions of the Charter apply only to government and to any government representative exercising a statutory power. 
E) The Charter specifically prohibits discrimination on the basis of sexual orientation. 
A) Any provincial human rights legislation must comply with the provisions of the Charter. 
B) The Charter applies to the federal and provincial governments. 
C) The Charter takes precedence over Aboriginal treaty rights when there are inconsistencies between the two. 
D) The provisions of the Charter apply only to government and to any government representative exercising a statutory power. 
E) The Charter specifically prohibits discrimination on the basis of sexual orientation.

Question 5

A British Columbia judge is required to follow the decisions of a higher court in Alberta.

Accepted Answer

A) True 
 B)False

Question 6

What is the highest court in Canada?

Accepted Answer

Supreme Co

Question 7

What is the standard of proof used in a criminal matter?

Accepted Answer

beyond a r

Question 8

Which of the following statements is correct with respect to our constitutional law?

Accepted Answer

A) The Constitution Act (1982)is the supreme law of Canada and overrides statutes. 
B) The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867). 
C) The Constitution Act (1982)was passed only by the English Parliament. 
D) The Charter of Rights and Freedoms is entrenched and,as such,none of its provisions can be overridden by any level of government. 
E) Both the federal and provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process. 
A) The Constitution Act (1982)is the supreme law of Canada and overrides statutes. 
B) The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867). 
C) The Constitution Act (1982)was passed only by the English Parliament. 
D) The Charter of Rights and Freedoms is entrenched and,as such,none of its provisions can be overridden by any level of government. 
E) Both the federal and provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.

Question 9

Which of the following will a judge not apply in a Canadian court?

Accepted Answer

A) constitutional law 
B) equitable principles 
C) statute law 
D) common law principles 
E) Roman law 
A) constitutional law 
B) equitable principles 
C) statute law 
D) common law principles 
E) Roman law

Question 10

Explain how the rights set up in the Charter of Rights and Freedoms are limited.

Accepted Answer

1.The Charter applies only to government

Question 11

Which of the following statements is correct?

Accepted Answer

A) In a civil action,the prosecution is referred to as Rex or Regina. 
B) Tribunals act under provincial human rights legislation,which may not be in harmony with the provisions of the Charter of Rights and Freedoms. 
C) Provincial courts deal only with civil matters. 
D) In some provinces,discovery is increasing in scope,leading to a need to allow more time for it. 
E) The tax court and military tribunals have the status of federal courts with specialized functions. 
A) In a civil action,the prosecution is referred to as Rex or Regina. 
B) Tribunals act under provincial human rights legislation,which may not be in harmony with the provisions of the Charter of Rights and Freedoms. 
C) Provincial courts deal only with civil matters. 
D) In some provinces,discovery is increasing in scope,leading to a need to allow more time for it. 
E) The tax court and military tribunals have the status of federal courts with specialized functions.

Question 12

Ted was recently selected foreman of a jury in a high-profile criminal case.After hearing all of the evidence,the closing arguments of counsel,and the instructions from the judge,the jury returned to the jury room to decide the fate of the accused.Before coming to any decision,Ted asked the judge if they could decide both the facts and the law.The judge advised the jurors that:

Accepted Answer

A) they alone were responsible for deciding questions of fact and law. 
B) he would be required to declare a mistrial in the circumstances. 
C) they should return to the jurors' room and deliberate further on the issues of law only. 
D) the jury's function is to hear evidence and decide questions of fact only.Questions of law are left to the judge. 
E) he would deliver a directed verdict immediately in favour of the accused. 
A) they alone were responsible for deciding questions of fact and law. 
B) he would be required to declare a mistrial in the circumstances. 
C) they should return to the jurors' room and deliberate further on the issues of law only. 
D) the jury's function is to hear evidence and decide questions of fact only.Questions of law are left to the judge. 
E) he would deliver a directed verdict immediately in favour of the accused.

Question 13

Which of the following is incorrect regarding the development of common law in Canada?

Accepted Answer

A) Canon law (church law)influenced the development of common law in relation to the laws of wills and estates. 
B) Common law was developed by the Court of Chancery. 
C) Roman law influenced the development of common law in relation to property law. 
D) The law merchant influenced the development of common law in relation to the law of negotiable instruments. 
E) Common law is a body of rules based on cases developed in the common law courts. 
A) Canon law (church law)influenced the development of common law in relation to the laws of wills and estates. 
B) Common law was developed by the Court of Chancery. 
C) Roman law influenced the development of common law in relation to property law. 
D) The law merchant influenced the development of common law in relation to the law of negotiable instruments. 
E) Common law is a body of rules based on cases developed in the common law courts.

Question 14

The body of law developed by the Court of Chancery is called ________.

Accepted Answer

The answer of The body of law developed by the...

Question 15

The Charter of Rights and Freedoms applies to which of the following?

Accepted Answer

A) the police 
B) a municipal council 
C) the provincial cabinet 
D) a human rights commission 
E) all of the above 
A) the police 
B) a municipal council 
C) the provincial cabinet 
D) a human rights commission 
E) all of the above

Question 16

Indicate the jurisdiction of the Small Claims Court in your area.

Accepted Answer

This will vary from province t

Question 17

In a criminal matter,the judge must be satisfied that the accused probably committed the crime.

Accepted Answer

A) True 
 B)False

Question 18

How many judges are involved at the Supreme Court of Canada level and how are they appointed?

Accepted Answer

There are nine judges.These ju

Question 19

Which of the following statements is correct?

Accepted Answer

A) Alternate dispute resolution agreements are enforceable and appealable. 
B) The parties to a dispute lose control in negotiations. 
C) There is a great deal of flexibility in negotiation and mediation. 
D) Goodwill is most likely maintained in litigation. 
E) Privacy is maintained in an adjudication. 
A) Alternate dispute resolution agreements are enforceable and appealable. 
B) The parties to a dispute lose control in negotiations. 
C) There is a great deal of flexibility in negotiation and mediation. 
D) Goodwill is most likely maintained in litigation. 
E) Privacy is maintained in an adjudication.

Question 20

Which of the following is correct with respect to specialized divisions of lower-level provincial courts?

Accepted Answer

A) Family courts deal with family law matters,including division of assets,custody of children,and divorce. 
B) Youth courts deal with juveniles. 
C) Criminal courts deal with all criminal offences. 
D) The small-claims courts deal with criminal actions involving relatively small amounts of money. 
E) All provinces share the same court structure. 
A) Family courts deal with family law matters,including division of assets,custody of children,and divorce. 
B) Youth courts deal with juveniles. 
C) Criminal courts deal with all criminal offences. 
D) The small-claims courts deal with criminal actions involving relatively small amounts of money. 
E) All provinces share the same court structure.

Which of the following statements is incorrect regarding legal remedies?

Which of the following is true in relation to the Supreme Court of Canada?

Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms?

A British Columbia judge is required to follow the decisions of a higher court in Alberta.

What is the highest court in Canada?

What is the standard of proof used in a criminal matter?

Which of the following statements is correct with respect to our constitutional law?

Which of the following will a judge not apply in a Canadian court?

Explain how the rights set up in the Charter of Rights and Freedoms are limited.

Which of the following statements is correct?

Which of the following is incorrect regarding the development of common law in Canada?

The body of law developed by the Court of Chancery is called ________.

The Charter of Rights and Freedoms applies to which of the following?

Indicate the jurisdiction of the Small Claims Court in your area.

In a criminal matter,the judge must be satisfied that the accused probably committed the crime.

How many judges are involved at the Supreme Court of Canada level and how are they appointed?

Which of the following statements is correct?

Which of the following is correct with respect to specialized divisions of lower-level provincial courts?

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters

Exam 1: The Canadian Legal System

Which of the following statements is incorrect regarding legal remedies?

Which of the following is true in relation to the Supreme Court of Canada?

Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms?

A British Columbia judge is required to follow the decisions of a higher court in Alberta.

What is the highest court in Canada?

What is the standard of proof used in a criminal matter?

Which of the following statements is correct with respect to our constitutional law?

Which of the following will a judge not apply in a Canadian court?

Explain how the rights set up in the Charter of Rights and Freedoms are limited.

Which of the following statements is correct?

Which of the following is incorrect regarding the development of common law in Canada?

The body of law developed by the Court of Chancery is called ________.

The Charter of Rights and Freedoms applies to which of the following?

Indicate the jurisdiction of the Small Claims Court in your area.

In a criminal matter,the judge must be satisfied that the accused probably committed the crime.

How many judges are involved at the Supreme Court of Canada level and how are they appointed?

Which of the following statements is correct?

Which of the following is correct with respect to specialized divisions of lower-level provincial courts?

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters