BSEN
The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a motor vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which of the following courts would have to apply this decision in determining whether Vespa scooters required a licence plate?
a) Supreme Court of Canada b) Ontario Court of Appeal c) Ontario Supreme Court d) *Alberta Provincial Court* e) All Canadian Provincial Courts
The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a motor vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which of the following courts would have to apply this decision in determining whether Vespa scooters required a licence plate?
a) Supreme Court of Canada b) Ontario Court of Appeal c) Ontario Supreme Court d) *Alberta Provincial Court* e) All Canadian provincial courts
Which of the following statements is True?
a) The Prime Minister is the person who leads the party tht has the most number of senators b) *Regulations, statutory instruments, ordinances, and Orders-in-Council are types of subordinate legislation* c) Before a bill becomes a federal law, it must receive royal proclamation, which is given by the Governor General on behalf of the Queen d) In parliament, a bill cannot become a law unless it has passed through four readings in the House of Commons and four readings in the senate e) None of the Above
Who is in charge of the courtroom:
a) The attending police officer b) The opposing lawyers (it is an adversarial process) c) *The judge* d) The government e) The court clerk
Red River Inc, which is based in Winnipeg, Manitoba, has sued a company called Eiffel Tours, which is based in Paris, France. That dispute will be decided by the "common law." That most likely means that the case will be decided by
a) *A legal system that can be traced to England* b) A legal system that can be traced to France c) A law that is frequently applied in both France and Manitoba d) A government official, other than a judge e) The provision of a statute
An example of the state acting as a private party in the private law domain:
a) *A tenant leasing office space* b) Bringing a prosecution against a business for tax evasion c) Proposing a constitutional amendment d) delegating power to a commission administer legislation e) Signing a treaty with Japan
Which Canadian provinces utilize the common law system?
a) *British Columbia, Alberta, Saskatchewan and Manitoba* b) Newfoundland, New Brunswick, Prince Edward Island, Nova Scotia and Quebec c) Ontario, Quebec, Nova Scotia and Manitoba d) New Brunswick, Quebec and Manitoba e) All Canadian Provinces
Not a category of Law:
a) *Common Law* b) Public law c) Substantive law d) private law e) procedural law
Which is not a role of the judge?
a) *Cross-examine the parties to get to the truth* b) Maintain order and decorum in the courtroom c) Find the facts (ex decide what happened) d) Apply the law to the facts to reach a conclusion e) Decide on the admissibility of evidence
A grandfather clause:
a) *Exempts certain persons from its application due to their status prior to the coming into force of the new law* b) Is invalid because it unlawfully discriminates c) Describes the amount of the seniors discount d) Affirmative action for grandfathers e) Grandparents legal rights of visitation with their grandchildren (especially where the children's parents are not living together)
An example of personal autonomy applied to our legal system:
a) *Husband is not legally responsible for actions of his wife* b) The charter of rights and freedoms c) Any person is free to create another legal person (ex human or corporate) d) A parent does not have to take care of ones child (the state will do so) e) The police have to have good reasons to charge us with a crime
Subordinate Legislation
a) *Is practically necessary because it is impossible for legislators to constantly monitor all of their statutes* b) Always consists of bylaws c) involves a statute that was introduced to change an existing statute d) Is always created at the provincial level, rather than at the federal level e) Always prohibits certain forms of behavior
The legal system does not include:
a) *It includes all of the items below* b) People performing various occupations c) Institutions d) Laws e) Core principles
Judicial independence is significantly furthered by:
a) *Judicial self-governance* b) Appointment by the Cabinet c) Payment of judicial salaries by the government d) The jury trial e) a, c and d above
Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the loan. At trial, which party presents their case first?
a) *Orange shop Ltd. The plaintiff opens the trial* b) Orange Shop Ltd. The defendant opens the trail c) Kelly. The plaintiff opens the trial d) Kelly. The defendant opens the trial e) The judge determines who opens the trial
Independence of juries is advanced by:
a) *Private deliberations* b) Generous compensation for juror duty c) They do not have to follow the law that is explained to them by the judge d) jury duty, when one is summoned, is optional e) Jurors must defend and justify their verdicts
This indicates how the rights set out in substantive law are to be protected and how the duties are to be enforced:
a) *Procedural law* b) Private Law c) Law of Obligations d) Law of Property e) Public Law
If judges are present in a legislature for ceremonial purposes, why should they not get up and applaud statements made by politicians:
a) *That would create the appearance that they are not objective, in the event that a related matter later came to their court for decision* b) They might not agree with those political statements c) Like all judges, they are there to listen to the other parties, and then make a decision about whether to applaud at the end d) They might get ejected from the legislative chamber for rowdy behavior e) Applauding from their seats is acceptable because it is less disruptive
Independence of the judiciary means that judges must be independent from:
a) *The government* b) each other c) the lawyers d) the parties e) the media
A gap-filling common law decision was made 23 years ago. It had been applied consistently over that period of time. From this, we can draw the following inference:
a) *The legislature is satisfied with that common law* b) That common law is constitutional c) That common law cannot be over-ruled by a later court in the same jurisdiction d) That common law cannot be over-ruled by the legislature in the same jurisdiction e) We cannot draw any of these inferences
A province created a statute. A court ruled that the statute was ultra vires. That means that
a) *The province acted contrary to the division of powers.* b) The statue applies both inside and outside of the province c) The statute has full force (ultra means "most" and vires means "strength", as in "virility") d) The statue must deal with public law, rather than private law e) The statute must violate the Charter.
Which of the following statements is true?
a) *The territories have legislatures, but not senates* b) Parliamentary bills are always introduced in the House of Commons before being sent to the Senate c) The legislature in each and every province and territory is called the legislative Assembly d) The queen is represented by a lieutenant governor in each province and territory e) All of the above
As the representative of a major newspaper chain you are opposed to the recent tendency of judges to grant publication bans during the court proceedings of controversial and high-profile trials. Together with several of your colleagues from other media organizations you decide to challenge the most recent ban.
a) *Your challenge would be brought as a proceeding in a court of original jurisdiction* b) If you are not successful you would be granted an appeal of your case to the Supreme Court of Canada c) The proper forum for you challenge is the Canadian Judical Council since it involves the actions of a judge d) All of the responses are correct e) None of the responses are correct
A judicial dissent is:
a) A rapid fall from grace b) *When one judge disagrees with the others in the same case* c) Part of the ratio decidendi d) When a minority of judges agree with a majority of judges in the same case e) Like Halley's Comet: a rare phenomenon to behold
The category of public law contains
a) Administrative law and tax law, but not criminal law b) Any case in which government sues or is being sued c) *Constitutional law and tax law, among other things* d) Constitutional law and administrative law, but not tax law e) Criminal law, employment law, and constitutional law
Josie lost a breach of contract case against Charles. She has now launched an appeal of the trial judge's decision. Which of the following statements is TRUE with respect to that appeal?
a) Although she appellate court is always entitled to apply its own view of the law, the trial judge's finding of facts can be overruled only if the members of the appellate court are unanimously agreed that the trail judge made a mistake b) The appellate court may accept or reject the trial judge's decision, but cannot vary the terms of the trial judges final order c) Although an appellate court is entitled to award damages, it cannot order specific performance of a contract d) *Josie's first appeal will likely be heard by three judges of the appellate court.* e) If Josie loses her first appeal, she has a right to appeal to the Supreme Court of Canada as long as her claim is worth at least $100,000.
Enforcement of the law by the state includes:
a) Appointing Judges b) Paying for the police system c) Ensuring state agents receive and respond to complaints d) Conducting prosecutions e) *All of the above*
Which of the following statements is true with respect to alternative dispute resolution?
a) Arbitration cannot be used unless the parties previously created a contract that required all disputes to be sent to arbitration. b) *Arbitration is often preferred to mediation when the parties want to receive a binding decision from a third party.* c) Negotiation is often considered a binding process when used by large corporations. d) While negotiation and mediation are confidential procedures, arbitration is not confidential because arbitrators' decisions are always reported in public documents. e) because they work outside of the regular court system, small claims courts are considered a form of binding arbitration
Which statement does not apply to arbitration of a contractual dispute?
a) Arbitration clauses are contained in a contract b) *Arbitration is mandated by provincial statute* c) Agreements often specifically provide that the arbitration proceedings are confidential d) Arbitration is a quicker way of resolving disputes e) Arbitration decisions do not from part of the Common Law
Which of the following statements is true with respect to the law of Quebec?
a) Because Quebec inherited its laws from France, its criminal laws are different from those that apply in other parts of Canada b) Quebec is considered a common law jurisdiction because it inherited most of its laws from England c) *Even though Quebec inherited much of its law from France, it uses some of the same laws that apply in other parts of Canada.* d) Because Quebec inherited its laws from France, its constitutional laws are different from those that apply in other parts of Canada e) Quebec is considered a common law jurisdiction because it inherited laws that were once common to all parts of the Roman empire
Provincial Court does not include one of:
a) Civil (small claims) b) Youth c) Traffic and provincial regulatory offenses d) *Probate (establish a will)* e) Criminal
A civil sanction:
a) Community Service b) Probation c) *Damages* d) Restitution order e) Fine
At the end of a case, a court awarded costs against Craig. Which of the following statements is true?
a) Craig probably was convicted of a serious crime b) The court almost certainly awarded costs against the other party as well c) Craig necessarily must reimburse the other party for all of the expenses that it incurred in connection with the case d) Craig probably won a private law case e) *None of the above*
At the end of a case, a court awarded costs again Craig. Which of the following statements is true?
a) Craig probably was convicted of a serious crime b) The court almost certainly awarded costs against the other party as well. c) Craig necessarily must reimburse the other party for all of the expenses that it incurred in connection with the case d) Craig probably won a private law case e) *None of the above*
Laws that govern our system of government are known as:
a) Criminal Law b) Taxation Law c) Martial Law d) Constitutional Law e) Military Law
Promulgation is most concerned with:
a) Enforcing ones promises b) fairness of the law c) *Access to the law* d) keeping the law up to date with social change e) Accountability
A customer of the bank for which you work as a Chief Systems Analyst is suing your bank. The customer alleges that money apparently withdrawn through an automated teller machine from his account must have been removed through a bank error, since he did not do so and no one knows his identification number nor has access to his card. You are to testify as to the security processes in the bank's computer system and the accuracy of the computerized automated teller machine's records. In this role you are called up as an
a) Expert witness; you will be giving direct evidence at trial. b) *Expert witness; you will be giving opinion evidence at trial* c) Expert Witness; you will be giving hearsay evidence at trial d) Ordinary witness; you will be giving opinion evidence at trail e) Ordinary witness; you will be giving direct evidence at trial
What is not a part of a brief of a judicial decision?
a) Facts and law b) *Obiter dicta* c) Legal issues and judicial conclusion d) Analysis of facts to the law e) Ratio decidendi
Common law system of law:
a) Found only in Canada, Britain and the United States b) The fairest system of law in the world c) A type of marriage without a ceremony d) *Judges are a source of law* e) The only system which follows a constitution
How is judicial independence not advanced:
a) High and secure salaries b) Physical Protection c) *Formality and decorum* d) Judicial Councils e) Career-long appointments
Which does not have legal status:
a) Insane Person b) Trade Union c) *Animals* d) Corporation e) The state
What is not a judicial role:
a) Interpretation of legislation b) *Law enforcement* c) Filling in the gaps where no legislation exists d) interpreting the Constitution e) Serving on Royal Commissions and Task Forces
The university rule to pay ones tuition as agreed upon when registering for classes:
a) Is a public law or rule b) Is enforced by the university on behalf of the state c) Is a private law d) Is not enforceable in court e) *Is not a law at all but a private contractual term*
Retroactive law is generally wrong because:
a) It is retrograde (ex. a step backwards) b) *People cannot change what they have already done* c) A passive legal system results in fewer wrongful convictions d) It is too expensive e) It is usually less fair than retro passive law
Burden of proof in a civil case:
a) No doubt b) *Balance of probabilities* c) Beyond a shadow of doubt d) not an intentional default e) Beyond a reasonable conflict
Which is not a core principle of our legal system?
a) Non-retro activity of law b) *Everyone should have his/her day in court* c) Independence of the legal procession d) Rule of law e) Law should be recorded and accessible to all
Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence. At one point during the litigation process, an examination-in-chief occurred. That means that
a) One of the parties hired an expert witness to conduct a scientific investigation on a piece of physical evidence b) One of the parties asked the other parties witness to conduct a scientific investigation on a piece of physical evidence c) The case must have been heard by at least one appellate court d) The judge asked one of the parties a direct question e) *None of the above*
One is not Canadian
a) Provincial Court Judge b) *Grand Jury Hearing* c) Discovery d) preliminary inquiry e) Jury
Reporting of judicial decisions
a) Published by the courts as a public service b) For criminal law only c) Relates to media coverage d) *Aids in the process of the common law system* e) Must go to a law library to read them
The opposite of retroactive law is:
a) Retrospective law b) Original Jurisdiction c) Moral Law d) *Prospective Law* e) Proactive Law
Which of the following is the best example of societys supervision of judges:
a) Salaries adjusted to performance b) *Vote required by joint session of House of Commons and the Senate to remove* c) The chief Justice assigns the caseload d) Mandatory retirement at age 75 e) Demotion for bad behavior
The government of the province has introduced a bill into the legislature to make the recycling of household garbage mandatory. Once it has passed third reading, the next step is that it must be
a) Sent to the relevant committee for clause-by-clause study b) *Given royal assent by the Lieutenant-Governor* c) Debated in principle by the members of the legislature d) Sent to the senate for approval e) Amended and prepared for its final reading
When legislation automatically terminates after a period of time, this involves a:
a) Shoeshine clause b) *Sunset clause* c) Sunny clause d) sunrise clause e) goodnight clause
Rejean is a world class athlete, who was was recently suspended by the Canadian Athletics Association. If that suspension remains in place, Rejean will not be allowed to compete in the upcoming world championships. Rejean therefore hopes to quickly and conclusively have the suspension overturned. The contract that Rejean had signed with the Canadian Athletics Association gives him the right to choose any form of dispute resolution. Which of the following alternatives is likely his best option?
a) Small Claims Court b) Mediation c) Litigation d) Negotiation e) *Arbitration*
When judges apply the principle of stare decisis in deciding a case before them they are, in effect, applying the
a) Substantive Law b) Doctrine of Precedent c) Principles of Equity d) Rules of Public Administrative Law e) *Doctrine of precedent and substantive law
Which statement best describes the difference between substantive law and procedural law:
a) Substantive law deals exclusively with public laws whereas procedural law deals with both public and private law b) *Substantive law consists of the rights and duties that each person has in society whereas procedural law is concerned with the enforcement of those rights and duties* c) Substantive law deals with major issues in law whereas procedural law deals with minor or less important issues in law d) "Sub" means "under", so substantive Law is secondary to procedural law e) Substantive law governs all actions with a monetary value in excess of $4,000.00 while procedural law deals only with matters having a value of less than $10,000.00
Which is not governed by a limitations period:
a) Suing to collect on a debt b) *Suing to attack the constitutionality of legislation* c) Filing of a statement of Defence d) Appealing to a higher court from a trial court decision e) Claiming negligence against another driver in a motor vehicle collision
Eric, who is a resident of Saskatchewan, has sued Trois Etoiles Ltd, which is a company based in Quebec, for breach of contract. Which of the following statements is TRUE?
a) The case can be classified as a "common law" matter if the claim is heard by a Saskatchewan court applying the laws of Saskatchewan. b) The case can be classified as a "civil matter" under the "common law" if it is decided on the basis of the laws of Saskatchewan. c) The case can be classified as a "civil law" matter if the claim is heard by a Quebec court applying the laws of Quebec. d) The case can be classified as a "civil matter" because it involves a person suing a company for breach of contract. e) *all of the above*
Raymond, who lives in Manitoba, appeals a trial court's decision in a case in which he sued a former business partner and lost. The highest court to which Raymond's case can possibly eventually be appealed is
a) The court of appeal for Manitoba b) The federal Court of Appeal c) *The supreme Court of Canada* d) The privy Council of The House of Lords e) The court of Queens Bench for Manitoba
Which of the following statements is true with respect to small claims courts?
a) The only remedy that may be awarded in a small claims court is an order that requires the defendant to pay money to the plaintiff. b) If a claim exceeds the monetary limit of a small claims court, the plaintiff is entitled to use the small claims court for part of the claim and another court for the remainder of the claim. c) Assuming that the amount in dispute is under $10 000, a taxpayer has the right to recover an improperly collected tax in the federal small claims court. d) because small claims courts often hear contractual disputes, they have the ability to order specific performance e) *Although small claims courts often hear contractual cases, they may also resolve some types of personal injury claims.*
Why is it important and useful to study appellate court decisions, especially those of the Supreme Court of Canada?
a) They are better decisions b) Because there are more judges sitting in these courts, they have more weight c) Specific legislation gives them higher legal authority d) *Common law concept of precedent makes decisions from higher courts binding on lower courts in the jurisdiction and persuasive outside the jurisdiction* e) They are usually written decisions, so we are in a better position to study them
What is the relationship of law to justice?
a) They are unrelated b) Good laws guarantee justice c) Law is seeing, but justice is blind d) *Law is an input; justice is the result* e) They are the same thing
The federal government placed new legislation before parliament regarding the regulation of telecommunication companies. Which of the following statements is not true?
a) This proposed legislation is called a "bill" b) *This legislation must be brought before the House of commons three times and then it will be law if its passed* c) Once the proposed legislation has been passed by the Parliament of Canada; it must be given royal assent and be proclaimed d) One the proposed legislation has been passed by the Parliament of Canada it can be amended by another statute. e) All of the answers are correct
Which of the following is a public law-making authority:
a) University b) Crown Corporation c) The premier d) Community League e) *legislature*
Jinyan has been involved in a law suit for several years. She recently sought "leave" from the Supreme Court of Canada. That means that she
a) Wants the court to reverse its own decision in her case b) Wants to appeal the court's decision in her case to another court c) Wants the court to appoint a new lawyer to work for her d) Wants the court to release her from jail e) *Wants the court to hear her appeal*
Why must lawyers also be independent?
a) Will be easily bribed b) Since they make the law, they should not be beholden to anyone c) To ensure that they are all equal d) To prevent the concentration of power in large law firms e) *So they will not be afraid to upset the government by their arguments*
Which is not a practical limitation of law:
a) Words and their usage can always mean several different things b) It is a human institution and suffers from the same flaws as humans c) *It is hard to get unanimity in legislatures and courts* d) Inability to enforce all law all of the time e) Need a measure of both certainty and flexibility
You have won the electric shaver suit and the manufacturer has appealed. Which of the following statements is not true?
a) You are the respondent b) The manufacturer is the appellant c) The manufacturer can bring its appeal on the basis that the judge made an error in interpreting or applying the law d) *The manufacturer's witnesses will all give their evidence before any of your witnesses are called to give their evidence*
Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the loan. Which is most likely the court of original jurisdiction?
a) Youth Court b) Criminal Court c) Family Court d) Small Claims Court e) Provincial Supreme Court
Public Law:
a) applies only to the public b) applies only to public bodies (ex. government) c) *Government is always a party in the public interest* d) The courts are open to the public e) Mean the most publicized subjects in law
The category of private law contains
a) contract law and tort law, but not if a government has sued or is being sued. b) only those cases that the parties resolve themselves, or with the assistance of a neutral third party other than a judge. c) *real estate transactions, lawsuits based on deceit, and the violation of copyrights, among other things.* d) contract law and property law, but not tort law, which is closely related to criminal law. e) none of the above
A legal Remedy:
a) cough syrup b) *money damages* c) injury d) law reform e) a lawsuit
This one is not a party to litigation:
a) defendant b) Accused c)Plaintiff d) *Judge* e) Crown
Which of the following statements regarding the Supreme Court of Canada is true?
a) each member of the court was appointed by the premier of the judge's home province b) The court consists of the Chief Justice and eight filial Justices c) *In addition to appeals, the court occasionally hears references for the purpose of advising governments on the constitutional status of laws* d) The court is never required to hear an appeal unless it has granted leave e) Unless a member voluntarily retires, he or she is entitled to hold office for life during good behavior
Juries are not independent from the:
a) government b) prosecutor c) parties in the case d) *Community from which they are drawn law* e) Foreman
Justice Major dissented in the case of Dobson v Dobson. That means that
a) he rejected a party's application to appeal an earlier decision. b) *he disagreed with the result reached by most of his colleagues in an appeal that they heard together.* c) he was hearing the case as a trial judge and rejected the plaintiff's claim. d) he held that a statute was invalid because it violated the Charter. e) none of the above
What is not a requirement for a binding precedent?
a) identical legal issues b) court of higher authority in same jurisdiction c) *Must be a court of appeal or Supreme Court of Canada decision* d) Same system of law e) Similar material facts
Class actions have become more common in Canada in recent years: That increase in popularity can be explained, at least in part, by the fact that
a) lawyers conducting class actions must work on a contingency fee basis, with the result that their clients are liable for their expenses only if the case is won. b) the rules governing class actions are now contained in statutes in every province. c) the Supreme Court of Canada recently said that, in contrast to the past, class actions can now be certified even if success for one claimant does not necessarily mean that all of the other claimants will also enjoy success. d) *they save society money by eliminating the need for similar actions to be brought to court separately.* e) all of the above.
What is not a problem with legislation:
a) loopholes b) interpretation problems c) *Undemocratic* d) Difficult to read and understand e) Slow and arduous to change
A judgement may include an order for the return of money or property to the legal owner. This refers to:
a) parole b) probation c) suspension d) confiscation d) *restitution*
Stare Decisis is:
a) presumption of innocence b) Read (stare at) court decisions c) *Binding effect of judicial precedent* d) Prosecutor "deciding to stand" or argue for a certain punishment e) Decisiveness of a judge in a clear case
The doctrine of Precedent
a) prevents a judge from resolving a dispute on the basis of a decision from another jurisdiction. b) prevents the Supreme Court of Canada from relying on a decision of a lower court. c) requires the Supreme Court of Canada to follow decisions of the Judicial Committee of the Privy Council in England. d) is never relevant if the resolution of a case involves the interpretation of a statute. e) *draws a distinction between binding authorities and persuasive authorities.*
Promulgation of the law refers to:
a) reading the law b) *Publishing the law* c) Understanding the law d) Changing the law e) drafting the law
Which of the following is the best example of society's supervision of judges
a) salaries adjusted to performance b) *vote required by joint session of House of Commons and Senate to remove* c) the Chief Justice assigns the caseload d) mandatory retirement at age 75 e) demotion for bad behaviour
Which is a subject matter court:
a) supreme Court b) Court of Appeal c) Provincial Court d) *Family Court* e) Small Claims Court
Examinations for discovery
a) usually discourage settlement by demonstrating the weaknesses of each party's arguments. b) take place before the plaintiff drafts a statement of claim. c) take place after a jury has decided a case. d) *are conducted under oath*. e) are designed primarily to determine the defendant's financial situation, and therefore to help the plaintiff decide whether or not it makes sense to sue.
Justice is the means as well as the ends:
a) we must be realistic about the high costs of justice b) In the end, justice is still mean c) Justice means that there must be an end to every case d) *Procedure of justice is as important as the substance of justice* e) Justice will only occur where the law itself is fair
