BSEN 395, University of Calgary Practice MC test 1

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 (eg. human or corporate) d. a parent does not have to take care of one s child (the state will do so) e. the police have to have good reasons to charge us with a crime

a.

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

b.

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

b.

A civil sanction: a. community service b. probation c. damages d. restitution order e. fine

c.

Kaelen works as a sales representative for a large book publisher. She was recently held liable in tort and ordered to pay $35 000 to Antony. Which of the following statements is TRUE? a. The garnishee process will allow Antony to seize and sell some of Kaelen's assets in order to satisfy judgment. b. If Kaelen does not have enough money to fully pay her debt to Antony, Antony will be entitled to collect the remainder either from Kaelen's lawyer or, if Kaelen's lawyer does not have sufficient funds, from the law society's assurance fund. c. Antony may be able to directly receive money that Kaelen normally would receive as income from her employer. d. If Kaelen wants to appeal the trial judge's decision, she normally must do so within one year of that decision. e. The court's award can be classified as nominal damages because Antony is entitled to receive damages of a certain denomination in money.

c.

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

c.

Which is not a practical limitation of the 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

c.

Provincial Court does not include one of: a. civil (small claims) b. youth c. traffic and provincial regulatory offences d. probate e. criminal

d.

The opposite of retroactive law is: a. retrospective law b. original jurisdiction c. moral law d. prospective law e. proactive law

d.

A court recently held Acme Corp responsible for spilling pollutants into a stream. Which of the following statements is most likely TRUE? a. If the court required proof beyond a reasonable doubt, the claim against Acme Corp arose in private law. b. If the claim against Acme Corp arose in private law, it almost certainly was heard by a jury, as well as a judge. c. Since Acme Corp is not a human being, the case was heard in a special court called the Commercial Court of Canada. d. If Acme Corp is dissatisfied with that decision, it is entitled to appeal, but only if it is willing to pay for the other side to bring its witnesses back into court. e. If the court required proof beyond a reasonable doubt, Acme Corp was called the accused.

e.

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

e.

The Civil Law system: a. precedent b. does not order damages to be paid c. stare decisis d. applies to civic governments e. the Code is a source of the law

e.

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.

e.

Which of the following is a public law-making authority: a. University b. Crown corporation c. the Premier d. community league e. legislature

e.