Question 1

With regard to the Constitution of Canada,which of the following is true?

Accepted Answer

A) Federal judges have been given the sole power to amend the Charter of Rights and Freedoms. 
B) The Constitution provides for a single system of government. 
C) The British Parliament can continue to pass legislation that affects Canada. 
D) The Constitution Act (1982)contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures. 
E) The Constitution Act (1982)outlines which matters can be dealt with only by the federal government. 
A) Federal judges have been given the sole power to amend the Charter of Rights and Freedoms. 
B) The Constitution provides for a single system of government. 
C) The British Parliament can continue to pass legislation that affects Canada. 
D) The Constitution Act (1982)contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures. 
E) The Constitution Act (1982)outlines which matters can be dealt with only by the federal government.

Question 2

Which of the following is correct with respect to the litigation process?

Accepted Answer

A) A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. 
B) Even though a judgment is obtained,payment is not assured. 
C) An offer to settle brings to an end the parties' right to proceed to trial. 
D) A counterclaim is brought by the plaintiff who is then claiming against the defendant. 
E) An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial. 
A) A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. 
B) Even though a judgment is obtained,payment is not assured. 
C) An offer to settle brings to an end the parties' right to proceed to trial. 
D) A counterclaim is brought by the plaintiff who is then claiming against the defendant. 
E) An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial.

Question 3

Explain what is meant by the discovery process.

Accepted Answer

Discovery is a two-stage process.First,e

Question 4

Which of the following is correct with respect to the civil law system?

Accepted Answer

A) Quebec and New Brunswick use a system based on the French Civil Code. 
B) The Civil Code as used in Quebec covers private disputes between individuals. 
C) The Code is persuasive only and the judges are free to disregard it where the situation warrants. 
D) The system used in Quebec is based on Justinian's code rather than the Napoleonic Code. 
E) The Civil Code governs all legal matters arising in Quebec,including criminal actions. 
A) Quebec and New Brunswick use a system based on the French Civil Code. 
B) The Civil Code as used in Quebec covers private disputes between individuals. 
C) The Code is persuasive only and the judges are free to disregard it where the situation warrants. 
D) The system used in Quebec is based on Justinian's code rather than the Napoleonic Code. 
E) The Civil Code governs all legal matters arising in Quebec,including criminal actions.

Question 5

Distinguish between a criminal trial and a civil trial.

Accepted Answer

A criminal trial involves a prosecutor a

Question 6

When an individual is faced with federal legislation and provincial legislation both dealing with the same subject matter,which should he or she obey?

Accepted Answer

When this happens,and there is a true co

Question 7

Discuss why it is important for business people to become familiar with the human rights legislation in force in their province.

Accepted Answer

While the legislation may vary by provin

Question 8

Civil law is based on a codified system.

Accepted Answer

A) True 
 B)False

Question 9

The appellant may be either the plaintiff or the defendant.

Accepted Answer

A) True 
 B)False

Question 10

Stare decisis is the Latin term for following the code.

Accepted Answer

A) True 
 B)False

Question 11

With regard to the process of a civil law suit,which of the following is true?

Accepted Answer

A) The plaintiff must prove his or her case on the balance of probabilities,not beyond a reasonable doubt. 
B) The statement of claim is a document registered by the plaintiff that contains a summary of the allegations that support the cause of action. 
C) Any admission by the defendant at the examination for discovery can be used against him or her by the plaintiff at trial. 
D) A counterclaim is an action by the defendant back against the plaintiff. 
E) All of the above 
A) The plaintiff must prove his or her case on the balance of probabilities,not beyond a reasonable doubt. 
B) The statement of claim is a document registered by the plaintiff that contains a summary of the allegations that support the cause of action. 
C) Any admission by the defendant at the examination for discovery can be used against him or her by the plaintiff at trial. 
D) A counterclaim is an action by the defendant back against the plaintiff. 
E) All of the above

Question 12

Which of the following is correct in relation to legal representation and services?

Accepted Answer

A) People have the right to represent themselves,but only in civil cases. 
B) Notary publics are lawyers who specialize in estates and land transfers. 
C) In the English-speaking provinces of Canada,when lawyers are "called to the bar," they are designated as both barristers and attorneys. 
D) In England,the term solicitor is no longer accepted; only barristers and attorneys may provide legal representation. 
E) In both civil and criminal systems,people have the right to represent themselves. 
A) People have the right to represent themselves,but only in civil cases. 
B) Notary publics are lawyers who specialize in estates and land transfers. 
C) In the English-speaking provinces of Canada,when lawyers are "called to the bar," they are designated as both barristers and attorneys. 
D) In England,the term solicitor is no longer accepted; only barristers and attorneys may provide legal representation. 
E) In both civil and criminal systems,people have the right to represent themselves.

Question 13

Which of the following is a legal right under the Charter?

Accepted Answer

A) Everyone has the democratic right to vote regardless of age or mental capacity. 
B) Everyone has the right to be employed. 
C) Everyone has the right not to be deprived of his or her property. 
D) Everyone has the right not to be exposed to any unreasonable search and seizure. 
E) Everyone has the right to freedom of expression even if it interferes with the freedom of others. 
A) Everyone has the democratic right to vote regardless of age or mental capacity. 
B) Everyone has the right to be employed. 
C) Everyone has the right not to be deprived of his or her property. 
D) Everyone has the right not to be exposed to any unreasonable search and seizure. 
E) Everyone has the right to freedom of expression even if it interferes with the freedom of others.

Question 14

What is the standard of proof used in a civil action?

Accepted Answer

balance of

Question 15

Give an example of powers that are given to the provincial government under section 92 of the Constitutional Act (1867).

Accepted Answer

health,education,and

Question 16

Discuss the significance of the passage of the Charter of Rights and Freedoms in Canada's legal system.

Accepted Answer

Students should describe the nature of t

Question 17

Explain why statutes override the common law.

Accepted Answer

Because of the principle of pa

Question 18

What kinds of rights are protected under the heading of mobility rights in the Charter?

Accepted Answer

The rights of Canadians to liv

Question 19

Who brings a civil action?

Accepted Answer

The answer of Who brings a civil action?...

Question 20

Explain recent changes related to discovery.

Accepted Answer

Pre-trial proceedings result in consider

With regard to the Constitution of Canada,which of the following is true?

Which of the following is correct with respect to the litigation process?

Explain what is meant by the discovery process.

Which of the following is correct with respect to the civil law system?

Distinguish between a criminal trial and a civil trial.

When an individual is faced with federal legislation and provincial legislation both dealing with the same subject matter,which should he or she obey?

Discuss why it is important for business people to become familiar with the human rights legislation in force in their province.

Civil law is based on a codified system.

The appellant may be either the plaintiff or the defendant.

Stare decisis is the Latin term for following the code.

With regard to the process of a civil law suit,which of the following is true?

Which of the following is correct in relation to legal representation and services?

Which of the following is a legal right under the Charter?

What is the standard of proof used in a civil action?

Give an example of powers that are given to the provincial government under section 92 of the Constitutional Act (1867).

Discuss the significance of the passage of the Charter of Rights and Freedoms in Canada's legal system.

Explain why statutes override the common law.

What kinds of rights are protected under the heading of mobility rights in the Charter?

Who brings a civil action?

Explain recent changes related to discovery.

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

With regard to the Constitution of Canada,which of the following is true?

Which of the following is correct with respect to the litigation process?

Explain what is meant by the discovery process.

Which of the following is correct with respect to the civil law system?

Distinguish between a criminal trial and a civil trial.

When an individual is faced with federal legislation and provincial legislation both dealing with the same subject matter,which should he or she obey?

Discuss why it is important for business people to become familiar with the human rights legislation in force in their province.

Civil law is based on a codified system.

The appellant may be either the plaintiff or the defendant.

Stare decisis is the Latin term for following the code.

With regard to the process of a civil law suit,which of the following is true?

Which of the following is correct in relation to legal representation and services?

Which of the following is a legal right under the Charter?

What is the standard of proof used in a civil action?

Give an example of powers that are given to the provincial government under section 92 of the Constitutional Act (1867).

Discuss the significance of the passage of the Charter of Rights and Freedoms in Canada's legal system.

Explain why statutes override the common law.

What kinds of rights are protected under the heading of mobility rights in the Charter?

Who brings a civil action?

Explain recent changes related to discovery.

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