Business Law Practice 1

(Note: B.C. is used as an example here.) Fred sold Carole his old Macintosh computer and his printer in addition to eight programs for $2900. After she paid $1000, Carole quit paying. When she had no complaint about the computer, printer, or programs but simply wouldn't pay, Fred decided to sue. He would most likely begin his action in: A) Small Claims Division, Provincial Court. B) B.C. Supreme Court. C) Criminal Division, Provincial Court. D) Federal Court. E) B.C. Court of Appeal.

A) Small Claims Division, Provincial Court.

Which of the following statements is correct with respect to our constitutional law? A) The Constitution Act (1982) is the supreme law of Canada and overrides statutes. B) The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867). C) The Constitution Act (1982) was passed only by the English Parliament. D) The Charter of Rights and Freedoms is entrenched and, as such, none of its provisions can be overridden by any level of government. E) Both the federal and provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.

A) The Constitution Act (1982) is the supreme law of Canada and overrides statutes.

A negotiation will most likely lead to agreement when the parties are: A) equal in power. B) coercive. C) vulnerable. D) uncommunicative. E) aggressive.

A) equal in power.

Which of the following is a right or freedom guaranteed in the Charter? A) the right to vote in federal and provincial elections B) the right to have your children educated in any language C) the right to be assured of a minimum level of income D) the right to own property E) the right to bear arms

A) the right to vote in federal and provincial elections

Which of the following is correct with respect to the law of equity? A) Equity means fairness in our legal system. B) Equity refers to the body of law created by the Court of Chancery. C) The Court of Equity was essentially a common law court. D) Equity no longer exists; the courts were merged. E) Equity refers to the amount still owing on a debt.

B) Equity refers to the body of law created by the Court of Chancery.

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

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.

Which of the following is incorrect regarding the development of common law in Canada? A) Canon law (church law) influenced the development of common law in relation to the laws of wills and estates. B) Common law was developed by the Court of Chancery. C) Roman law influenced the development of common law in relation to property law. D) The law merchant influenced the development of common law in relation to the law of negotiable instruments. E) Common law is a body of rules based on cases developed in the common law courts.

B) Common law was developed by the Court of Chancery.

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

B) Even though a judgment is obtained, payment is not assured.

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

B) Interim and interlocutory injunctions are given before trial, usually to prevent greater harm to one of the parties.

Which of the following is a legal right under the Charter? A) The Charter applies only to government employees. B) Legal rights include the rights to life, liberty, and the security of person. C) The Charter states that everyone is not equal under the law. D) The Charter does not protect the rights of Aboriginal people. E) The Charter applies only to the federal government.

B) Legal rights include the rights to life, liberty, and the security of person.

Regarding the Charter of Rights and Freedoms, which of the following statements is true? A) Any statute, by any level of government, no matter how inconsistent it is with the provisions of the Charter, is still considered binding on all Canadians. B) Neither the federal government nor the provincial governments can change the provisions of the Charter without going through the constitutional amending process. C) Any action by a government official that violates the provisions of the Charter is not actionable under the Charter. D) The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada. E) The Charter protects fundamental freedoms that apply only to relations between private citizens.

B) Neither the federal government nor the provincial governments can change the provisions of the Charter without going through the constitutional amending process.

Which of the following is true with regard to our legal system? A) Our constitution can be amended by the federal Parliament acting alone. B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. C) Case law overrides the statute law on the same point. D) If a case were heard before a provincial trial-level court, the judge could apply legal principles and award only cash remedies. E) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal.

B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.

Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms? A) Any provincial human rights legislation must comply with the provisions of the Charter. B) The Charter applies to the federal and provincial governments. C) The Charter takes precedence over Aboriginal treaty rights when there are inconsistencies between the two. D) The provisions of the Charter apply only to government and to any government representative exercising a statutory power. E) The Charter specifically prohibits discrimination on the basis of sexual orientation.

B) The Charter applies to the federal and provincial governments.

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

B) The Civil Code as used in Quebec covers private disputes between individuals.

Which of the following is true in relation to the Supreme Court of Canada? A) The Supreme Court of Canada has one judge from each province and territory. B) The Supreme Court of Canada selects the cases it hears based on what it thinks is most important for the country. C) Private citizens have the right to take cases to the Supreme Court of Canada as a final appeal. D) The judges on the Supreme Court of Canada are appointed by Parliament. E) The Supreme Court of Canada hears appeals from federal courts, but not from provincial courts of appeal.

B) The Supreme Court of Canada selects the cases it hears based on what it thinks is most important for the country.

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

B) The federal or provincial legislatures cannot override a person's right not to be discriminated against on the basis of race or religion.

Which of the following is incorrect with respect to the Charter and the Constitution? A) Canada is no longer required to go to the Parliament of England for any constitutional change. B) The most significant accomplishment of the Constitution Act (1982) was to create a new court structure for Canada. C) The BNA Act (Constitution Act [1867]) divides power between the federal and provincial governments. D) The provisions of the Charter of Rights and Freedoms guarantee us rights and freedoms that restrict both federal and provincial governments. E) Rights such as freedom of expression are now constitutionally guaranteed.

B) The most significant accomplishment of the Constitution Act (1982) was to create a new court structure for Canada.

Which of the following is the document that initiates a court action in this jurisdiction? A) Discovery B) Writ of summons C) Appearance D) Statement of claim E) Statement of defence

B) Writ of summons

Which of the following is correct with respect to specialized divisions of lower-level provincial courts? A) Family courts deal with family law matters, including division of assets, custody of children, and divorce. B) Youth courts deal with juveniles. C) Criminal courts deal with all criminal offences. D) The small-claims courts deal with criminal actions involving relatively small amounts of money. E) All provinces share the same court structure.

B) Youth courts deal with juveniles.

Which of the following regulatory board decisions would likely merit a court review? A) a decision where the party involved had a fair hearing but felt the board decision was not the best one for her B) a decision made despite the absence of one member of the board for 15 minutes during the hearing C) a decision in which the party was not allowed to cross-examine witnesses D) a decision in which the board did not apply the rules of evidence commonly used in a judicial hearing E) a decision made after the person had been given reasonable notice of the hearing and related information, but he was not prepared with an appropriate response

B) a decision made despite the absence of one member of the board for 15 minutes during the hearing

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

B) denying a promotion at a provincial ministry on the basis of age

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: 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.

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.

Which of the following was not one of the factors that led to the creation of the law of equity? A) the need for a supplement to the common law B) the adherence to precedent C) the unpredictable outcome in the common law courts D) stare decisis E) rigidity in the common law courts

C) the unpredictable outcome in the common law courts

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true? A) Common law overrides case law on the same point. B) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal Parliament. C) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. D) The courts have no power to declare a provincial statute to be void; only federal statutes can be struck down by the courts. E) The courts cannot affect the meaning of the statute through subsequent interpretation.

C) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.

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? 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.

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.

Which of the following statements is incorrect regarding legal remedies? A) If a business had improperly used the logo of another company to market its own products, misleading the public as to the source of the product, the judge might order an accounting. B) Where a person is selling pirated versions of a Disney movie, an Anton Piller order could be used to seize the movies and related documents in advance of the trial. C) If a business had improperly used the logo of another company to market its own products, misleading the public as to the source of the product, the judge would likely award damages for pain and suffering. D) Where a person is selling pirated versions of a Disney movie, both an Anton Piller order and a Mareva injunction might be authorized. E) In the case of dispute over the sale of land, if the judge determines that the sale should proceed, he or she might order specific performance.

C) If a business had improperly used the logo of another company to market its own products, misleading the public as to the source of the product, the judge would likely award damages for pain and suffering.

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? 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.

C) The plaintiff is never at liberty to disclose any offers to settle made at mediation. These must be kept confidential.

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

C) The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system.

Which of the following statements is correct? A) Alternate dispute resolution agreements are enforceable and appealable. B) The parties to a dispute lose control in negotiations. C) There is a great deal of flexibility in negotiation and mediation. D) Goodwill is most likely maintained in litigation. E) Privacy is maintained in an adjudication.

C) There is a great deal of flexibility in negotiation and mediation.

Which of the following is the most usable definition of law? A) It is most useful to us to define law in terms of what we think people ought to do. B) We must define law in terms of what people used to do. C) We must define law in terms of what the courts or other agents of government will enforce. D) We must define law in terms of what society needs people to do. E) It is most useful to us to define law in terms of what people do.

C) We must define law in terms of what the courts or other agents of government will enforce.

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: 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.

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.

Which of the following is incorrect in relation to the trial and judgment? A) Usually, trials are open to the public. B) Criminal juries consist of 12 people, and if some are disqualified or become sick during the trial, at least 10 jurors must render the decision and they must be unanimous in their decision. C) Once a judgment for liability is obtained in a civil action, the standard remedy is an order that the defendant pay the plaintiff a sum of money called damages. D) "You were there on Saturday, weren't you?" would be allowed in direct examination. E) If a judgment debtor tries to conceal assets or otherwise avoid payment, his conduct may amount to contempt of court.

D) "You were there on Saturday, weren't you?" would be allowed in direct examination.

Which of the following statements is true? A) The rules of precedent apply to arbitration hearings. B) Mediators have the power to enforce decisions. C) The public is entitled to know the result of mediated cases. D) Alternate dispute resolution methods are less costly than litigation. E) Use of alternate dispute resolution precludes parties from litigating.

D) Alternate dispute resolution methods are less costly than litigation.

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

D) Everyone has the right not to be exposed to any unreasonable search and seizure.

Which of the following statements is incorrect? 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.

D) If a person drinks and drives and injures someone, he or she can usually rely on intoxication as a defence.

Which of the following is incorrect regarding roles played in legal cases? A) In a civil action, the person suing is the plaintiff. B) In a civil action, the person being sued is the defendant. C) In an appeal, the person filing the appeal is the appellant. D) In a civil case, the appellant is the same as the defendant, but he or she is now in the appeals process. E) In a criminal case, the victim is likely to have the status of a witness.

D) In a civil case, the appellant is the same as the defendant, but he or she is now in the appeals process.

Uncle Max just emigrated to Canada and learned some things about our laws and constitution on the plane. Which of the following things he heard is true? A) There are many aspects of our constitution that we have inherited from the United States. B) The Charter of Rights and Freedoms, part of the Constitution Act (1982), has been entrenched in our constitution and therefore cannot be changed. C) The Constitution Act (1982) was the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government. D) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning health and education in the province. E) Our federal Parliament is supreme in enacting laws concerning municipalities.

D) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning health and education in the province.

Which of the following statements about statutes is true? 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.

D) Statutes are laws created by legislative bodies.

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

D) The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.

In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which of the following? A) stare decisis B) the appearance C) the statement of defence D) discovery E) default judgment

D) discovery

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: 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.

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.

The custom of following already decided cases is called: A) substantive law. B) procedural law. C) res judicata. D) stare decisis. E) civil law system.

D) stare decisis.

Ted was recently selected foreman of a jury in a high-profile criminal case. After hearing all of the evidence, the closing arguments of counsel, and the instructions from the judge, the jury returned to the jury room to decide the fate of the accused. Before coming to any decision, Ted asked the judge if they could decide both the facts and the law. The judge advised the jurors that: A) they alone were responsible for deciding questions of fact and law. B) he would be required to declare a mistrial in the circumstances. C) they should return to the jurors' room and deliberate further on the issues of law only. D) the jury's function is to hear evidence and decide questions of fact only. Questions of law are left to the judge. E) he would deliver a directed verdict immediately in favour of the accused.

D) the jury's function is to hear evidence and decide questions of fact only. Questions of law are left to the judge.

Which of the following is false with respect to our court system? (Note: B.C. is used as an example here.) A) The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies. B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. C) There is no monetary limitation on the B.C. Supreme Court (i.e., the case may involve any amount of money). D) A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. E) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case.

E) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case.

Which of the following is correct with respect to the role of statutes in our legal system? A) Only the federal Parliament may enact statutes. B) In Canada, most new laws follow the Civil Code legal system. C) Where a properly passed provincial statute is in conflict with a well-established common law principle, the statute will be void. D) Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he or she disagrees with it. E) A statute, if it is clear and concise and properly passed, will always override common law and equity.

E) A statute, if it is clear and concise and properly passed, will always override common law and equity.

The Charter of Rights and Freedoms applies to which of the following? A) the police B) a municipal council C) the provincial cabinet D) a human rights commission E) all of the above

E) all of the above

Mr. Holden, a program developer, had a successful business helping small firms and shops computerize their businesses. In his spare time, he developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months until a competitor released a cheaper program. In time, Holden could not pay his debts when they became due and owing. A supplier sued for damages and was awarded $21 000. Holden did not pay. With regard to the supplier's position at this time, which of the following is true? A) The supplier could ask for a post-trial hearing to identify Holden's assets and sources of income. B) Since the decision is in his favour, the supplier would be a judgment creditor and Holden would be a judgment debtor. C) The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. D) The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt. E) All of the above

E) All of the above

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

E) All of the above

With regard to administrative law, the court exercises its review power with the option to apply which of the following remedies? A) mandamus B) injunction C) prohibition D) certiorari E) All of the above are remedies available to the court.

E) All of the above are remedies available to the court.

Many characteristics associated with the use of the court process may be considered advantages or disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process? A) It is a less costly method of obtaining a resolution to a dispute. B) It is a method of dispute resolution where both parties are more likely to be satisfied with the outcome. C) Confidentiality is protected. D) It is a speedier method of obtaining resolution of a dispute. E) Enforcement of the decision is more likely.

E) Enforcement of the decision is more likely.

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

E) In both civil and criminal systems, people have the right to represent themselves.

Which of the following is correct with respect to stare decisis in the common law? A) Statutes play the same role as the code used in the French system. B) It prevents a higher court from overruling a lower one. C) It is based on trial by battle and trial by ordeal. D) This term refers to the role played by the law of equity in our system. E) It allows decisions of the courts to be set by precedent.

E) It allows decisions of the courts to be set by precedent.

Which of the following will a judge not apply in a Canadian court? A) constitutional law B) equitable principles C) statute law D) common law principles E) Roman law

E) Roman law

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 that he made is correct? A) Today, we are governed only by statutes passed by our elected representatives. B) All of the provinces follow law that stemmed from the English common law. 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) Judge-made law in England came from two traditions, civil law and parliamentary supremacy. E) 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) 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.

Which of the following statements is correct? A) In a civil action, the prosecution is referred to as Rex or Regina. B) Tribunals act under provincial human rights legislation, which may not be in harmony with the provisions of the Charter of Rights and Freedoms. C) Provincial courts deal only with civil matters. D) In some provinces, discovery is increasing in scope, leading to a need to allow more time for it. E) The tax court and military tribunals have the status of federal courts with specialized functions.

E) The tax court and military tribunals have the status of federal courts with specialized functions.

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

E) bind the court of appeal of the province by its decisions