Law 201 - Module 1 & 2

In a disjunctive list, all of the items listed do not need to be present to satisfy the definition or rule. (T/F)

T

Which of the following is not a violation of a lawyer's professional code of conduct? Question 1 options: a) Publicly criticizing an adjudicator or tribunal if they are on the wrong side of a ruling b) Advocating that a law should be challenged or changed c) Ignoring an undertaking that was given by the lawyer to a third party, if it would not benefit the client to perform the undertaking d) Continuing to provide legal services to a client who continually requests that the lawyer violate professional ethics

Advocating that a law should be challenged or changed

ou are a law clerk in the Provincial Court of Justice in Province A working with your supervising judge on a new case. You have been asked to research relevant cases that may be similar to the case at hand, and in your research you discover a case that is directly on point and was decided by the Court of Appeal in Province B. How should you present this case to the judge? Question 3 options: a) The precedent should be followed so that similar cases are decided in a similar way across the provinces. b) The case has persuasive value as it is on point, even though decided in another common law jurisdiction c) The case was decided in another province and so it is inconsequential to the case at hand d) The case was decided by a higher Court and so we should follow the precedent

B) The case has persuasive value as it is on point, even though decided in another common law jurisdiction

A law permitting torture would necessarily violate the rule of law. (T/F

F

The 'Style of Cause' in a citation refers to the court that decided the case. (T/F)

F

The preamble is an official part of a statute and can help the courts interpret that meaning of the provisions of the statute (T/F)

True

When reading a case, what is typically the most important element that you should be looking for? a) The rationale - i.e. why the court decided the way it did. b) The objective of the case - i.e. who sued whom and for what. c) The facts - i.e. what happened to give rise to the case. d) The legal issues - i.e. the questions that the court was asked to decide.

a) The rationale - i.e. why the court decided the way it did

Which of the following steps is NOT required to become a lawyer in the common law provinces?a) The sponsorship of a practicing lawyer with at least 5 years of experience. b) Completion of three years of full-time study an graduating with either an LLB or JD degree. c) Completion of a bar admissions course, consisting of a series of lectures and examinations established by a province's law society. d) A period of articling (analogous to an apprenticeship)

a) The sponsorship of a practicing lawyer with at least 5 years of experience

For lawyers, what is the point of reading previous decisions? Question 5 options: a) Reading cases can be both entertaining and informative b) Reading cases allows a lawyer to extract rules, in order to predict how a judge will decide a particular case, based on similar facts, in the future c) Reading cases is about extracting information from the written material d) It's just one of the jobs a lawyer does.

b) Reading cases allows a lawyer to extract rules, in order to predict how a judge will decide a particular case, based on similar facts, in the future

In a common law legal system, how might a judge 'find a new law' a) By allowing himself to be persuaded by a ruling from a higher court in the hierarchy. b) By creating a new precedent. c) By applying the principle of stare decisis. d) By applying the ratio decidendi from a similar case decided by the Supreme Court of Canada to the present case.

b) By creating a new precedent

How is reading cases different from reading other published material, such as a newspaper, or a blog? b) Reading cases allows a lawyer to attempt to predict how a judge will decide a particular case in the future. c) The case for which you are researching will definitely be decided in the exact same way as a similar case that has already been decided. d) Reading cases is about extracting information from the written material

b) Reading cases allows a lawyer to attempt to predict how a judge will decide a particular case in the future

Regarding statutory interpretation, which is the approach to follow today? a) The Mischief Rule. b) The Modern Principle. c) The Golden Rule. d) The Literal Rule

b) The Modern Principle

Why might some argue that "vague and overly broad language" contained in the new Anti-Terror legislation violates the rule of law? a) The imprecise language could mean that the government is hiding its true agenda. b) The rule of law requires that all laws are clearly written and unambiguous in their application. c) Vague and overly broad language does not provide the procedural fairness required by the rule of law. d) Loose language would caused judges to be biased in favour of their personal interpretation of the law

b) The rule of law requires that all laws are clearly written and unambiguous in their application

Which of the following would prevent a lawyer from being considered for an appointment as a judge of the Ontario Provincial Court? Question 2 options: a) Having gone through a divorce b) Having absolutely no courtroom experience c) Having an unresolved Error and Omission Claim on file at the Law Society of Upper Canada d) Having a close affiliation with a particular political party

c) Having an unresolved Error and Omission Claim on file at the Law Society of Upper Canada

What is wrong with the following citation? Canada (Attorney General) v Bedford, SCC 72 at paras 45-47 Question 4 options: a) There should be a comma after 'SCC 72' b) 'Bedford' should come before 'Canada (Attorney General)' c) The year of the decision is missing d) There should be a period at the end of the citation

c) The year of the decision is missing

What does Chief Justice McLachlin mean by "the ethic of service" as a guiding principle for lawyers? a) That being a good lawyer means having a strong work ethic. b) That it is unethical for a lawyers to refuse serve a client's demand. c) That the privilege and reward in being a lawyer is the ability to serve the public. d) That lawyers should work hard to make sure they are meeting their client's needs

c) That the privilege and reward in being a lawyer is the ability to serve the public

What does it mean to 'note up' a case? a) Drafting a one paragraph summary of the case. b) Citing a case in a legal memo. c) To update the case by referring to its judicial history and judicial treatment since it was decided. d) Drafting a detailed summary of a case, including the fact, issues, relevant legal principles, rationale, and holding

c) To update the case by referring to its judicial history and judicial treatment since it was decided

The underlying principles of statutory interpretation can be summarized as follows: a) 'the words of an Act are to be read in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament'. b) 'the words of an Act are to be read in their grammatical and ordinary sense consistent with the meaning of the Act, the object of the Act, and the intention of Parliament'. c) 'the words of an Act are to be read in their entire context and in their grammatical and ordinary sense, in a way that respects the mischief of being addressed by the Act, the object of the Act, and the intention of Parliament'. d) 'the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament'

d) 'the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament'