Question 1

When a client consults with a lawyer,the lawyer provides instruction and direction as to what to do.

Accepted Answer

A) True 
 B)False

Question 2

Who prosecutes a criminal matter?

Accepted Answer

the state

Question 3

Identify four prohibited discriminatory practices set out in the Canadian Human Rights Act.

Accepted Answer

The Act prohibits the denial of goods,se

Question 4

The Supreme Court of Canada hears only appeals of private citizens.

Accepted Answer

A) True 
 B)False

Question 5

Prohibition involves overturning the decision of the decision maker.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following is the document that initiates a court action in this jurisdiction?

Accepted Answer

A) Discovery 
B) Writ of summons 
C) Appearance 
D) Statement of claim 
E) Statement of defence 
A) Discovery 
B) Writ of summons 
C) Appearance 
D) Statement of claim 
E) Statement of defence

Question 7

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Accepted Answer

A) True 
 B)False

Question 8

Explain what role precedent plays in the civil code system of law.

Accepted Answer

Prior judges' decisi

Question 9

Describe the process involved when one person sues another in a civil action.

Accepted Answer

Students should describe in some detail

Question 10

The custom of following already decided cases is called:

Accepted Answer

A) substantive law. 
B) procedural law. 
C) res judicata. 
D) stare decisis. 
E) civil law system. 
A) substantive law. 
B) procedural law. 
C) res judicata. 
D) stare decisis. 
E) civil law system.

Question 11

An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents from higher courts.One of the precedents had been set by the Ontario Court of Appeal.The other precedent had been set by the Alberta Court of Appeal.The Ontario provincial court judge elected to follow the Alberta Court of Appeal precedent.In these circumstances,the decision of the Ontario provincial court judge will likely be:

Accepted Answer

A) upheld on appeal because the judge clearly followed an existing precedent. 
B) upheld on appeal because stare decisis only requires that a judge follow an earlier decision. 
C) overturned on appeal because an inferior provincial court must follow the decision of a higher court within the province if faced with conflicting precedents elsewhere. 
D) overturned on appeal because the judge failed to properly distinguish the cases before her. 
E) stayed due to conflict of interest. 
A) upheld on appeal because the judge clearly followed an existing precedent. 
B) upheld on appeal because stare decisis only requires that a judge follow an earlier decision. 
C) overturned on appeal because an inferior provincial court must follow the decision of a higher court within the province if faced with conflicting precedents elsewhere. 
D) overturned on appeal because the judge failed to properly distinguish the cases before her. 
E) stayed due to conflict of interest.

Question 12

In order to address the problem of illegal drugs being sold on university campuses across the country,the federal government passed a law allowing police officers to search student backpacks in order to seize any drugs found.The new law does not require that the police have any reasonable or probable grounds but rather allows them to search "whoever they want whenever they want." John Phillips was the first individual charged under the new law.His lawyer's attempt to have the law ruled unconstitutional will likely:

Accepted Answer

A) fail because illegal drug use is a serious issue on university campuses and the wide search powers constitute a reasonable exception to our Charter rights. 
B) succeed.The law will be struck down and held to be void given the broad and unreasonable nature of the search and seizure powers violating John's legal rights under the Charter. 
C) fail because the university also passed a by-law supporting the police entitlement to search backpacks and seize drugs. 
D) fail because the federal government failed to employ the section 33 "notwithstanding" clause. 
E) succeed because the federal government does not have the constitutional jurisdiction to make criminal law. 
A) fail because illegal drug use is a serious issue on university campuses and the wide search powers constitute a reasonable exception to our Charter rights. 
B) succeed.The law will be struck down and held to be void given the broad and unreasonable nature of the search and seizure powers violating John's legal rights under the Charter. 
C) fail because the university also passed a by-law supporting the police entitlement to search backpacks and seize drugs. 
D) fail because the federal government failed to employ the section 33 "notwithstanding" clause. 
E) succeed because the federal government does not have the constitutional jurisdiction to make criminal law.

Question 13

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

Accepted Answer

A) The Courts of Chancery developed the law of contracts. 
B) Equity is a system of law developed by the provincial legislatures. 
C) The term stare decisis refers to the practice of following precedent,which forms the basis of our common law system. 
D) The only province in which a judge is required to follow a comprehensive civil code is Ontario. 
E) The common law derived aspects of the law of families and estates from the French Civil Code. 
A) The Courts of Chancery developed the law of contracts. 
B) Equity is a system of law developed by the provincial legislatures. 
C) The term stare decisis refers to the practice of following precedent,which forms the basis of our common law system. 
D) The only province in which a judge is required to follow a comprehensive civil code is Ontario. 
E) The common law derived aspects of the law of families and estates from the French Civil Code.

Question 14

Since the passage of the Constitution Act (1982),federal legislation in Canada no longer requires royal assent from the governor general.

Accepted Answer

A) True 
 B)False

Question 15

Substantive law is concerned with how legal institutions work.

Accepted Answer

A) True 
 B)False

Question 16

A person has the right to appeal a decision in a civil court.

Accepted Answer

A) True 
 B)False

Question 17

The law of equity was developed in the Court of Chancery.

Accepted Answer

A) True 
 B)False

Question 18

In addition to the federal and provincial governments,other bodies have the authority to make laws.Provide four examples of other bodies with this authority and limitations placed on the laws they create.

Accepted Answer

The Yukon,the Northwest Territories,and

Question 19

Risk avoidance involves anticipation of what can go wrong and taking steps to avoid that eventuality.

Accepted Answer

A) True 
 B)False

Question 20

Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1000.Ewen agreed to lend Bruce this amount at an annual rate of 25%,repayable June 14.Bruce agreed to these terms.Meanwhile,Bruce had recently completed some plumbing work for Martinson for which he was owed $2000.If Bruce failed to pay Ewen on June 14,which of the following is true?

Accepted Answer

A) Ewen could execute against Bruce even if he had not obtained judgment against him. 
B) Ewen could sue Martinson for violation (breach)of the contract. 
C) Ewen could serve Martinson with a garnishing order after obtaining judgment commanding Martinson to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. 
D) Ewen does not have to wait to obtain a judgment before executing against Bruce's assets. 
E) If Ewen obtained a judgment against Bruce,he could compel Bruce to be examined about Martinson's income,property,and debts. 
A) Ewen could execute against Bruce even if he had not obtained judgment against him. 
B) Ewen could sue Martinson for violation (breach)of the contract. 
C) Ewen could serve Martinson with a garnishing order after obtaining judgment commanding Martinson to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. 
D) Ewen does not have to wait to obtain a judgment before executing against Bruce's assets. 
E) If Ewen obtained a judgment against Bruce,he could compel Bruce to be examined about Martinson's income,property,and debts.

When a client consults with a lawyer,the lawyer provides instruction and direction as to what to do.

Who prosecutes a criminal matter?

Identify four prohibited discriminatory practices set out in the Canadian Human Rights Act.

The Supreme Court of Canada hears only appeals of private citizens.

Prohibition involves overturning the decision of the decision maker.

Which of the following is the document that initiates a court action in this jurisdiction?

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Explain what role precedent plays in the civil code system of law.

Describe the process involved when one person sues another in a civil action.

The custom of following already decided cases is called:

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

Since the passage of the Constitution Act (1982),federal legislation in Canada no longer requires royal assent from the governor general.

Substantive law is concerned with how legal institutions work.

A person has the right to appeal a decision in a civil court.

The law of equity was developed in the Court of Chancery.

In addition to the federal and provincial governments,other bodies have the authority to make laws.Provide four examples of other bodies with this authority and limitations placed on the laws they create.

Risk avoidance involves anticipation of what can go wrong and taking steps to avoid that eventuality.

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

When a client consults with a lawyer,the lawyer provides instruction and direction as to what to do.

Who prosecutes a criminal matter?

Identify four prohibited discriminatory practices set out in the Canadian Human Rights Act.

The Supreme Court of Canada hears only appeals of private citizens.

Prohibition involves overturning the decision of the decision maker.

Which of the following is the document that initiates a court action in this jurisdiction?

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Explain what role precedent plays in the civil code system of law.

Describe the process involved when one person sues another in a civil action.

The custom of following already decided cases is called:

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

Since the passage of the Constitution Act (1982),federal legislation in Canada no longer requires royal assent from the governor general.

Substantive law is concerned with how legal institutions work.

A person has the right to appeal a decision in a civil court.

The law of equity was developed in the Court of Chancery.

In addition to the federal and provincial governments,other bodies have the authority to make laws.Provide four examples of other bodies with this authority and limitations placed on the laws they create.

Risk avoidance involves anticipation of what can go wrong and taking steps to avoid that eventuality.

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