Question 1

"The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement.

Accepted Answer

Equity is that body of law developed by

Question 2

The type of law that depends on a moral code or morality to define what the law is, is called ________.

Accepted Answer

The answer of The type of law that depends on...

Question 3

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

Accepted Answer

A)  The Charter does not specifically prohibit discrimination on the basis of sexual preference. 
B)  Any provincial human rights legislation must comply with the provisions of the Charter. 
C)  The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments. 
D)  The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees. 
E)  The provisions of the Charter only apply to government and to any government representative exercising a statutory power. 
A)  The Charter does not specifically prohibit discrimination on the basis of sexual preference. 
B)  Any provincial human rights legislation must comply with the provisions of the Charter. 
C)  The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments. 
D)  The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees. 
E)  The provisions of the Charter only apply to government and to any government representative exercising a statutory power.

Question 4

Which of the following is an example of substantive law?

Accepted Answer

A)  The rule that establishes the type of document by which an action is commenced 
B)  The rule that a victim of fraud can sue 
C)  The rule that any action under $10,000 must be brought in the small claims court 
D)  The rule that a tort action must be commenced within 2 years of the action complained of 
E)  The rule that hearsay evidence is not permitted in a trial 
A)  The rule that establishes the type of document by which an action is commenced 
B)  The rule that a victim of fraud can sue 
C)  The rule that any action under $10,000 must be brought in the small claims court 
D)  The rule that a tort action must be commenced within 2 years of the action complained of 
E)  The rule that hearsay evidence is not permitted in a trial

Question 5

Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true?

Accepted Answer

A)  The decision to prorogue Parliament is specified in the Charter of Rights and Freedoms. 
B)  The Queen has exclusive power to prorogue Parliament. 
C)  The decision of whether to prorogue Parliament, or not rests with the Governor General. 
D)  The decision of whether to prorogue Parliament, or not rests with the Prime Minister. 
E)  The Governor General has the power to prorogue Parliament, but only if the Opposition party agrees. 
A)  The decision to prorogue Parliament is specified in the Charter of Rights and Freedoms. 
B)  The Queen has exclusive power to prorogue Parliament. 
C)  The decision of whether to prorogue Parliament, or not rests with the Governor General. 
D)  The decision of whether to prorogue Parliament, or not rests with the Prime Minister. 
E)  The Governor General has the power to prorogue Parliament, but only if the Opposition party agrees.

Question 6

At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the following statements he made is correct?

Accepted Answer

A)  All the provinces follow law that stemmed from the English common law. 
B)  Judge-made law in England came from two traditions, civil law and parliamentary supremacy. 
C)  With the creation of our court system, the equitable tradition was lost. Today a judge of our superior court does not apply principles or remedies developed by the courts of equity. 
D)  The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law. 
E)  Today, we are governed by statutes passed by our elected representatives as well as by judge-made law. 
A)  All the provinces follow law that stemmed from the English common law. 
B)  Judge-made law in England came from two traditions, civil law and parliamentary supremacy. 
C)  With the creation of our court system, the equitable tradition was lost. Today a judge of our superior court does not apply principles or remedies developed by the courts of equity. 
D)  The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law. 
E)  Today, we are governed by statutes passed by our elected representatives as well as by judge-made law.

Question 7

Give two examples of other areas of law from which the common-law judges borrowed in order to create the common law.

Accepted Answer

Roman civil law, can

Question 8

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

Accepted Answer

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

Question 9

In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

Accepted Answer

A) True 
 B)False

Question 10

Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.

Accepted Answer

A) True 
 B)False

Question 11

Civil law is based on a codified system.

Accepted Answer

A) True 
 B)False

Question 12

In R. v. Clough, the BC Court of Appeal stated that

Accepted Answer

A)  decisions of the Supreme Court of Canada ought only be applied in federal cases. 
B)  the decision of a senior court must always be followed, regardless of the specific facts of the case. 
C)  the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided. 
D)  the doctrine of stare decisis no longer applies. 
E)  provincial Court Judges have no authority to impose sentences in matters involving criminal offences such as drug trafficking. 
A)  decisions of the Supreme Court of Canada ought only be applied in federal cases. 
B)  the decision of a senior court must always be followed, regardless of the specific facts of the case. 
C)  the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided. 
D)  the doctrine of stare decisis no longer applies. 
E)  provincial Court Judges have no authority to impose sentences in matters involving criminal offences such as drug trafficking.

Question 13

Which one of the following statements is not accurate with respect to the Canadian legal system?

Accepted Answer

A)  The traditional supremacy of parliament to make law has been limited to some extent by the Charter of Rights and Freedoms. 
B)  The original Canadian Constitution is now known as the Constitution Act (1867). 
C)  The three major components of present Canadian law are the common law, equity, and statutes. 
D)  The principle of stare decisis provides that courts within a province are bound to follow previous decisions on the same legal point from the courts of other provinces. 
E)  The full normal route of a civil action is from a provincial trial court to a provincial Court of Appeal to the Supreme Court of Canada. 
A)  The traditional supremacy of parliament to make law has been limited to some extent by the Charter of Rights and Freedoms. 
B)  The original Canadian Constitution is now known as the Constitution Act (1867). 
C)  The three major components of present Canadian law are the common law, equity, and statutes. 
D)  The principle of stare decisis provides that courts within a province are bound to follow previous decisions on the same legal point from the courts of other provinces. 
E)  The full normal route of a civil action is from a provincial trial court to a provincial Court of Appeal to the Supreme Court of Canada.

Question 14

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

Accepted Answer

1. The Charter only applies to public ma

Question 15

In Chatterjee. v. Ontario, the Supreme Court of Canada

Accepted Answer

A)  unanimously upheld the provincial law, since the dominant feature related to "property and civil rights", a provincial matter. 
B)  held that only the federal legislation was invalid. 
C)  held that only the provincial legislation was invalid. 
D)  concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply. 
E)  held that both the federal and provincial legislation were invalid. 
A)  unanimously upheld the provincial law, since the dominant feature related to "property and civil rights", a provincial matter. 
B)  held that only the federal legislation was invalid. 
C)  held that only the provincial legislation was invalid. 
D)  concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply. 
E)  held that both the federal and provincial legislation were invalid.

Question 16

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

Accepted Answer

It created the Dominion of Can

Question 17

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

Accepted Answer

If the federal legislation is valid, the

Question 18

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

Accepted Answer

A)  concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer. 
B)  determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred. 
C)  held that religious discrimination is acceptable in the workplace. 
D)  found that the employer was required to take reasonable steps to accommodate the religious practices of an employee. 
E)  decided that only certain religions are worthy of protection under human rights legislation. 
A)  concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer. 
B)  determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred. 
C)  held that religious discrimination is acceptable in the workplace. 
D)  found that the employer was required to take reasonable steps to accommodate the religious practices of an employee. 
E)  decided that only certain religions are worthy of protection under human rights legislation.

Question 19

The term "law" may be defined in a variety of ways. Explain.

Accepted Answer

Students should note that is not possibl

Question 20

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

Accepted Answer

A) True 
 B)False

"The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement.

The type of law that depends on a moral code or morality to define what the law is, is called ________.

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

Which of the following is an example of substantive law?

Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true?

At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the following statements he made is correct?

Give two examples of other areas of law from which the common-law judges borrowed in order to create the common law.

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

In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.

Civil law is based on a codified system.

In R. v. Clough, the BC Court of Appeal stated that

Which one of the following statements is not accurate with respect to the Canadian legal system?

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

In Chatterjee. v. Ontario, the Supreme Court of Canada

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

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

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

The term "law" may be defined in a variety of ways. Explain.

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

Managing Your Legal Affairs

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

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Exam 2: Introduction to the Legal System

"The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement.

The type of law that depends on a moral code or morality to define what the law is, is called ________.

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

Which of the following is an example of substantive law?

Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true?

At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the following statements he made is correct?

Give two examples of other areas of law from which the common-law judges borrowed in order to create the common law.

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

In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.

Civil law is based on a codified system.

In R. v. Clough, the BC Court of Appeal stated that

Which one of the following statements is not accurate with respect to the Canadian legal system?

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

In Chatterjee. v. Ontario, the Supreme Court of Canada

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

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

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

The term "law" may be defined in a variety of ways. Explain.

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

Managing Your Legal Affairs

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters