Question 1

Explain why the law of equity developed.

Accepted Answer

Because of the inequity and harshness of

Question 2

Which of the following is true related to remedies the court might order?

Accepted Answer

A) Permanent injunctions may be awarded prior to trial where circumstantial evidence shows a specific action must be prevented. 
B) Interim and interlocutory injunctions are given before trial,usually to prevent greater harm to one of the parties. 
C) A Mareva injunction allows the seizure of evidence and documents to ensure that they are not destroyed. 
D) Solicitor client costs refers to payment by the losing party to compensate the winner for such costs as photocopying and partial compensation for lawyers' fees. 
E) General damages are those that can be accurately calculated (e.g.,medical expenses,lost wages). 
A) Permanent injunctions may be awarded prior to trial where circumstantial evidence shows a specific action must be prevented. 
B) Interim and interlocutory injunctions are given before trial,usually to prevent greater harm to one of the parties. 
C) A Mareva injunction allows the seizure of evidence and documents to ensure that they are not destroyed. 
D) Solicitor client costs refers to payment by the losing party to compensate the winner for such costs as photocopying and partial compensation for lawyers' fees. 
E) General damages are those that can be accurately calculated (e.g.,medical expenses,lost wages).

Question 3

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

Accepted Answer

A) The Parliament or provincial legislature cannot override a section of the Charter. 
B) The federal or provincial legislatures cannot override a person's right not to be discriminated against on the basis of race or religion. 
C) The federal or provincial legislatures cannot override a person's right to free speech. 
D) Section 33 (the notwithstanding clause)applies to all provisions of the Charter. 
E) Mobility rights cannot be restricted by government or its agents. 
A) The Parliament or provincial legislature cannot override a section of the Charter. 
B) The federal or provincial legislatures cannot override a person's right not to be discriminated against on the basis of race or religion. 
C) The federal or provincial legislatures cannot override a person's right to free speech. 
D) Section 33 (the notwithstanding clause)applies to all provisions of the Charter. 
E) Mobility rights cannot be restricted by government or its agents.

Question 4

Which of the following statements with regard to the characteristics of civil and criminal actions is true?

Accepted Answer

A) The person who begins a civil action is usually called the prosecutor. 
B) A civil action is a private action; that is,a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
C) If a person is convicted of a criminal offence,he or she cannot also be sued in a civil action by the victim. 
D) In a criminal case,an individual person is taking the action against the accused. 
E) The prosecutor must prove his or her case based "upon a balance of probabilities." 
A) The person who begins a civil action is usually called the prosecutor. 
B) A civil action is a private action; that is,a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
C) If a person is convicted of a criminal offence,he or she cannot also be sued in a civil action by the victim. 
D) In a criminal case,an individual person is taking the action against the accused. 
E) The prosecutor must prove his or her case based "upon a balance of probabilities."

Question 5

Which of the following statements about statutes is true?

Accepted Answer

A) A statute may be only federal. 
B) Statutes apply only when there is no common law covering the situation. 
C) Government regulations are considered supreme to statute law. 
D) Statutes are laws created by legislative bodies. 
E) Statutes often summarize or modify canon law. 
A) A statute may be only federal. 
B) Statutes apply only when there is no common law covering the situation. 
C) Government regulations are considered supreme to statute law. 
D) Statutes are laws created by legislative bodies. 
E) Statutes often summarize or modify canon law.

Question 6

Parliamentary supremacy is no longer completely in effect in Canada today.

Accepted Answer

A) True 
 B)False

Question 7

Explain the limitations on the application of the Charter of Rights and Freedoms.

Accepted Answer

The Charter applies only to government,i

Question 8

Law and morality are the same thing.

Accepted Answer

A) True 
 B)False

Question 9

If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury,the judge would rely on precedent cases to determine the outcome of the case.

Accepted Answer

A) True 
 B)False

Question 10

The highest-level trial court of the province cannot do which one of the following?

Accepted Answer

A) award punitive damages 
B) try a case involving a claim for billions 
C) hear trials (i.e.,be a court of first instance) 
D) hear criminal cases 
E) bind the court of appeal of the province by its decisions 
A) award punitive damages 
B) try a case involving a claim for billions 
C) hear trials (i.e.,be a court of first instance) 
D) hear criminal cases 
E) bind the court of appeal of the province by its decisions

Question 11

The provisions set out in the Charter of Rights and Freedoms are general principles.To understand what they really mean,it is necessary to examine the decisions of courts,especially those of the Supreme Court of Canada.

Accepted Answer

A) True 
 B)False

Question 12

Explain what is meant by a garnishee.

Accepted Answer

Funds that are owed to the judgment debt

Question 13

Although the Court of Chancery and common law courts were merged,the bodies of law remain separate today.

Accepted Answer

A) True 
 B)False

Question 14

How does section 33 limit the rights set out in the Charter of Rights and Freedoms?

Accepted Answer

This is the "notwithstanding clause"; it

Question 15

Plaintiffs and defendants are often required to proceed to mediation before a trial date can be scheduled.A mediator is the third party who attempts to assist the litigants in resolving their dispute.During the course of mediation,offers to settle may be made.What use can a plaintiff make of an offer to settle made by the defendant at mediation if settlement is not reached?

Accepted Answer

A) The plaintiff can advise the trial judge during trial that a settlement offer was made at mediation and how much that offer was. 
B) The plaintiff can advise the trial judge during trial that an offer to settle was made at mediation but cannot advise the judge how much the offer was for. 
C) The plaintiff is never at liberty to disclose any offers to settle made at mediation.These must be kept confidential. 
D) No disclosure of an offer to settle may be made unless the mediator is called to give evidence at the trial. 
E) All matters at mediation can be disclosed at trial. 
A) The plaintiff can advise the trial judge during trial that a settlement offer was made at mediation and how much that offer was. 
B) The plaintiff can advise the trial judge during trial that an offer to settle was made at mediation but cannot advise the judge how much the offer was for. 
C) The plaintiff is never at liberty to disclose any offers to settle made at mediation.These must be kept confidential. 
D) No disclosure of an offer to settle may be made unless the mediator is called to give evidence at the trial. 
E) All matters at mediation can be disclosed at trial.

Question 16

Nadia recently learned that her credit card company charged her an unauthorized amount of 24 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 17

What is the significance of the Constitution Act (1867)?

Accepted Answer

It created the Confederation o

Question 18

Which of the following statements is incorrect?

Accepted Answer

A) If a person is accused of a crime,the prosecutor must establish "beyond a reasonable doubt" that he or she is guilty of the offence. 
B) The huge bonuses that executives at U.S.financial institutions took for themselves after the government bailout may be viewed as morally reprehensible,but it is doubtful that any law was broken. 
C) "You were there at noon on the day the event occurred,weren't you?" would be allowed on cross-examination. 
D) If a person drinks and drives and injures someone,he or she can usually rely on intoxication as a defence. 
E) If two parties include a clause in a contract that stipulates that any disputes will be resolved by arbitration,it is unlikely a court would hear the case if one of the parties decided to litigate instead of relying on arbitration. 
A) If a person is accused of a crime,the prosecutor must establish "beyond a reasonable doubt" that he or she is guilty of the offence. 
B) The huge bonuses that executives at U.S.financial institutions took for themselves after the government bailout may be viewed as morally reprehensible,but it is doubtful that any law was broken. 
C) "You were there at noon on the day the event occurred,weren't you?" would be allowed on cross-examination. 
D) If a person drinks and drives and injures someone,he or she can usually rely on intoxication as a defence. 
E) If two parties include a clause in a contract that stipulates that any disputes will be resolved by arbitration,it is unlikely a court would hear the case if one of the parties decided to litigate instead of relying on arbitration.

Question 19

Which of the following situations would be addressed on the basis of the Charter of Rights and Freedoms?

Accepted Answer

A) discrimination in hiring at the local coffee shop on the basis of a physical disability 
B) denying a promotion at a provincial ministry on the basis of age 
C) refusing apartment accommodation on the basis of a mental disability 
D) refusing access to a concert on the basis of having no ticket 
E) denying employment at a provincial ministry on the basis of inadequate academic preparation 
A) discrimination in hiring at the local coffee shop on the basis of a physical disability 
B) denying a promotion at a provincial ministry on the basis of age 
C) refusing apartment accommodation on the basis of a mental disability 
D) refusing access to a concert on the basis of having no ticket 
E) denying employment at a provincial ministry on the basis of inadequate academic preparation

Question 20

"An individual who is refused service at a restaurant because of his race has had his Charter rights violated." Comment on the accuracy of this statement.

Accepted Answer

The Charter of Rights and Freedoms is no

Explain why the law of equity developed.

Which of the following is true related to remedies the court might order?

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

Which of the following statements with regard to the characteristics of civil and criminal actions is true?

Which of the following statements about statutes is true?

Parliamentary supremacy is no longer completely in effect in Canada today.

Explain the limitations on the application of the Charter of Rights and Freedoms.

Law and morality are the same thing.

If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury,the judge would rely on precedent cases to determine the outcome of the case.

The highest-level trial court of the province cannot do which one of the following?

The provisions set out in the Charter of Rights and Freedoms are general principles.To understand what they really mean,it is necessary to examine the decisions of courts,especially those of the Supreme Court of Canada.

Explain what is meant by a garnishee.

Although the Court of Chancery and common law courts were merged,the bodies of law remain separate today.

How does section 33 limit the rights set out in the Charter of Rights and Freedoms?

What is the significance of the Constitution Act (1867)?

Which of the following statements is incorrect?

Which of the following situations would be addressed on the basis of the Charter of Rights and Freedoms?

"An individual who is refused service at a restaurant because of his race has had his Charter rights violated." Comment on the accuracy of this statement.

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

Explain why the law of equity developed.

Which of the following is true related to remedies the court might order?

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

Which of the following statements with regard to the characteristics of civil and criminal actions is true?

Which of the following statements about statutes is true?

Parliamentary supremacy is no longer completely in effect in Canada today.

Explain the limitations on the application of the Charter of Rights and Freedoms.

Law and morality are the same thing.

If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury,the judge would rely on precedent cases to determine the outcome of the case.

The highest-level trial court of the province cannot do which one of the following?

The provisions set out in the Charter of Rights and Freedoms are general principles.To understand what they really mean,it is necessary to examine the decisions of courts,especially those of the Supreme Court of Canada.

Explain what is meant by a garnishee.

Although the Court of Chancery and common law courts were merged,the bodies of law remain separate today.

How does section 33 limit the rights set out in the Charter of Rights and Freedoms?

What is the significance of the Constitution Act (1867)?

Which of the following statements is incorrect?

Which of the following situations would be addressed on the basis of the Charter of Rights and Freedoms?

"An individual who is refused service at a restaurant because of his race has had his Charter rights violated." Comment on the accuracy of this statement.

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