CMLW
The historical development of the court system in England shows a trend away from decisions being made by the community as a whole and towards decisions being made by one authoritative person. True False
A
The net result of governments exercising greater control over the activities of citizens is the creation of a large bureaucracy at provincial and federal levels of government, and a substantial restriction of the freedom of the individual through many and varied regulations. True False
A
The professions of medicine, law and accounting are governed by bodies established under administrative laws. True False
A
Tom, who is 14, wishes to vote in the next provincial election. Since he is a Canadian citizen, there is no means by which he can be prevented from exercising his right under the Charter to vote. True False
A
While researching his family history, Norman discovered that his grandmother was the first Canadian woman lawyer to appear in front of a surrogate court. She was there to deal with a will. True False
A
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. The Copyright Act is an example of a statute. True False
A
Administrative agencies, boards or commissions enforce criminal laws. True False
B
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. The Copyright Act can be found at R.S.C. 1985. "R.S.C." stands for "Revised Statutes of Canada." True False
False
Administrative agencies commissions or boards are usually given the power to make procedural rules under the legislation that they are required to enforce. True False
A
An administrative agency, commission or board can not revoke the licence or registration of a business without giving the business an opportunity to object. True False
A
Antonella is suing Barbara for failing to pay her for goods she bought. It will be up to Antonella to prove her case on the balance of probabilities. True False
A
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada This would be an example of substantive private law that has been codified from the Common Law. True False
B
The provincial legislature is about to pass a piece of legislation that conflicts with one of the following rights. It had intended to do so under s. 33(1), the notwithstanding clause, but has just found out that s. 33 is not effective against this right. Which of the following is it? A. The right to life, liberty and security of the person. B. Freedom of speech. C. Freedom of religion. D. The right to vote. E. Equality rights.
D
While driving, Charles "rear-ended" Francine's car at a stop sign. A. Charles can be charged by the police with an offence under the road traffic laws. B. Francine can sue Charles in tort for the damage done to her car. C. Francine can only sue Charles successfully in tort if he is convicted of a road traffic offence. D. Charles can be charged by the police and sued by Francine. E. None of the responses are correct.
D
The Barrel-o'-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above the knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length skirt. Since the Charter doesn't apply to private businesses like the Barrel-o'-Beer, Jacqueline has no recourse against her former employer. True False
B
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada. If the government has a majority of seats in the House of Commons, the bill may be passed with two readings and then sent to the Senate. True False
B
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada. The new law will be proclaimed before it receives royal assent. True False
B
The concept of 'natural justice' includes the notion that procedural rules can be made retroactive. True False
B
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 it is passed. C.Once the proposed legislation has been passed by the Parliament of Canada; it must be given royal assent and be proclaimed. D. Once 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.
B
The government of Saskatchewan passed a statute that allocates water on the North Saskatchewan River. The function of this legislation is to A. settle disputes. B. establish rules of conduct. C. provide protection for individuals. D. settle disputes and establish rules of conduct. E. All of the answers are correct.
B
There is no appeal from a decision of an administrative body that arbitrarily revokes the licence to practise of a professional person. True False
B
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is no legislation that deals with the issue between them. The modern law concerning commercial matters such as this has grown out of the ancient Law Merchant. True False
A
Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created a computer virus that would erase key accounting data if Maxine's name was removed from the payroll. This is a crime under the Criminal Code. If Maxine is caught, she will be A. prosecuted by the Crown because the Code is public law. B. sued by the Crown because the Code is private law. C. sued by her employer under the Criminal Code because it is a civil law matter. D. sued by her employer under the Criminal Code because it is a private law matter. E. prosecuted by the Crown for breach of the Civil Code.
A
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. The CRTC is an administrative tribunal. True False
A
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. The CRTC, which hears applications and grants licences for new radio stations, may make laws governing its affairs that will affect Ned although it is not a government. True False
A
New Brunswick is the only officially bilingual province in Canada. T/F
A
Nova Scotia has rules of court that state a party who commences a lawsuit must provide the other party's to the lawsuit with a copy of the document setting out their claim. The function of the rules of court is to A. settle disputes. B. establish rules of conduct. C. provide protection for individuals. D. settle disputes and establish rules of conduct. E. All of the answers are correct.
A
Online electronic consolidation of statute changes have made printed statute books obsolete. True False
A
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 trial. C. Kelly. The plaintiff opens the trial. D. Kelly. The defendant opens the trial. E. The judge determines who opens the trial.
A
Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to Patricia. It is up to the judge who heard the case to decide to what extent Mabel is required to compensate Patricia through the payment of damages. True False
A
Quebec is no different than the rest of the provinces in creating administrative law tribunals over most major aspects of commercial activity. True False
A
Suppose the government of Alberta passed legislation that conflicted with rights under s. 8 of the Charter, and the Supreme Court of Canada struck down the legislation. The government of Alberta can pass the legislation under s. 33(1) of the Charter and it cannot be challenged in the courts because of the protection offered by s. 33(1). True False
A
The Barrel-o'-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above the knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length skirt. If Jacqueline had a case, it would be under the equality rights section of the Charter. True False
A
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada. Peters, who later violates this new law by being found in possession of a restricted weapon, will be charged with a violation of the law by the Crown but will not be sued for damages. True False
A
The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French Civil Code. True False
A
The government of Great Britain is seeking, under a treaty, to extradite Ann to face murder charges. She is a Canadian citizen. Ann argues that she has the right under the Charter to remain in Canada. The Supreme Court of Canada would uphold her extradition. True False
A
The provincial government passed legislation that made a new kind of consumer scam a criminal act. Audrey was charged under the legislation. She can successfully defend herself by saying that the legislation is unconstitutional. True False
A
Walter was the only witness to an unprovoked assault by Queenie on June. June was attacked from behind and did not see who hit her. Queenie has denied she did it, but Walter told June that he saw her do so. When the case comes to trial, Walter is serving in West Africa with CUSO and cannot be reached. Since June was there and has the direct evidence of a witness, she may tell the court what Walter saw. True False
B
What sanction can't the Ontario Securities Commission levy on individuals who breach the Securities Act? A. Fines B. Damage compensation to harmed parties C. Retraction of registration as an investment dealer D. Revocation of licence of a securities salesman E. Prohibition from acting as a director
B
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 form part of the Common Law.
B
Under the Canadian Constitution the federal government has exclusive jurisdiction over which types of laws: A. Trade and commerce, criminal law and bankruptcy and insolvency law. B. Trade and commerce, criminal law and incorporation of companies. C. Trade and commerce, the solemnization of marriage and local works and undertakings. D. Criminal law, incorporation of companies, solemnization of marriage. E. Trade and commerce, incorporation of companies and bills of exchange.
A
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
A
While simple actions can be undertaken by a paralegal in small claims court, the complexities of cases and senior courts require the services of a lawyer. True False
A
You are part of a family business which manufactures children's clothing. There is a dispute among some of the family members about the appropriate division of profits. In order to have a judicial resolution of the dispute you would need to enter pleadings in the Family Court. True False
B
You believe that an error has been made in the court's decision in your case at trial. You may be able to reach a more favourable decision by having a jury rehear and decide upon the case if you wish to appeal it. True False
B
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is no legislation that deals with the issue between them. The judge will make her decision based on the Common Law about this sort of issue. True False
A
Administrative agencies, boards or commissions usually use registration or licensing to control business subject to the administrative law. True False
A
Administrative bodies must usually hold a hearing to allow persons affected by a proposed decision to appear and defend against such action before a decision is finalized. True False
A
Administrative laws set out broad policy statements and establish a board commission or agency to ensure compliance by business. True False
A
Administrative tribunals are created under the authority of: A. A statute B. A regulation C. An Order-in-Council D. A ministerial order E. A policy
A
An electric shaver that you bought exploded and injured your hand. You are now suing the manufacturer. The first document which your lawyer will send to the manufacturer is A. a writ of summons. B. the pleadings. C. a notice of trial. D. a statement of claim. E. a demand for particulars.
A
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 your challenge is the Canadian Judicial Council since it involves the actions of a judge. D. All of the responses are correct. E. None of the responses are correct
A
By placing its proposed same sex marriage legislation before the Supreme Court of Canada, the federal government received the assurance that it had the power to define civil marriage as a lawful union between two persons, and the reminder that freedom of religion could not compel religious groups to change their practices. True False
A
Decisions of administrative bodies that affect the right of businesses to operate or professional persons to practise their profession must be made in accordance with the rules of natural justice. True False
A
Discovery is a process which is used to clarify points in the statement of claim or statement of defence. True False
A
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. Jill's copyright in the textbook is protected everywhere in Canada. True False
A
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. Jill's rights are an example of a legal privilege. True False
A
Lorna successfully sued the Hot Stuff Restaurant because she was injured by a piece of glass in a pie that she was served there. She believes the judge used too low a duty of care in assessing whether Hot Stuff had been negligent, which was the legal issue. Lorna may appeal on the basis of the judge's error. True False
A
A customer of the bank for which you work as 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 upon 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 trial. E. ordinary witness; you will be giving direct evidence at trial.
B
All administrative laws are criminal laws and enforceable as such even though they are not part of the Criminal Code. True False
B
American cases cannot be used in Canada because the legal systems in each country grew out of very different roots. True False
B
An administrative body may revoke a licence or registration of a professional person at any time without disclosing its reasons. True False
B
An administrative law was passed and proclaimed in force on January 1, 2003, that prohibited anyone from operating a pet supply business unless they were registered under the Act. Harvey operates a pet supply business. A. Harvey can ignore the law because he was carrying on his business before the law came into effect. B. Harvey must register with the appropriate agency in order to lawfully carry on his business. C. If Harvey ignores the law, he has violated a criminal law statute. D. Registration is only a guideline, and registration is an option only. E. Harvey has the option of registering with the appropriate agency in order to comply with the law.
B
Colin has sued Peter, and Peter has just sent a counterclaim. Since Colin has received it, the case can now be set down for trial. True False
B
Darren sells counterfeit Gucci watches on a downtown street corner for $30 each. If asked, he says they are "genuine imitation Guccis." A. Gucci can sue Darren for slander of title. B. Gucci can sue Darren for passing-off. C. People who buy the watches can sue Darren for passing-off. D. Since Darren readily admits they are fakes, he has committed no tort. E People who buy cheap watches on street corners cannot claim they thought they were getting the real . thing,soDarrenhascommittednotort.
B
Decisions of administrative agencies or boards that revoke a licence or registration are unenforceable because they are not courts. True False
B
If you were a judge in a court system in Canada, which of the following would not be a role that you might be called upon to perform? A. Deciding whether or not federal legislation interfered with provincial legislative jurisdiction. B. Deciding whether or not a plumber has the proper qualifications to be granted a licence. C. Deciding whether or not an individual has breached the terms of a contract with another individual. D. Deciding whether a government agency has interfered with the constitutional rights of a citizen. E. Deciding whether or not a company is licensed to print copyrighted material.
B
In response to the growing number of traffic deaths resulting from alcohol-related accidents, many provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to try to discourage drunk driving. When this practice was challenged in the courts as an infringement of s. 9 of the Charter, A. counsel for the Crown would successfully argue that the practice could be continued indefinitely . because of s. 33 of the Constitution, which allows the provinces to exempt the legislation from the application of the Charter. B. counsel for the Crown would argue that the roadside checks are permissible on the basis of s. 1 of the Charter. C. the challenging party, a motorist who had been stopped and found to have excessive blood alcohol . levels, would successfully argue that the legislation violates his s. 6 mobility rights. D. the Crown would argue s. 33 and s. 1. E. All of the answers are correct.
B
In some provinces, if objection is raised to a planning decision at the local level, decisions are not subject to appeal to a provincial body. True False
B
James had been dismissed from his employment after being caught stealing cash from the business during his shift. He decided to vindicate himself by bringing a long and costly lawsuit for unjust dismissal against his employer. The court will probably award costs on a party and party basis. True False
B
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is no legislation that deals with the issue between them. If the judge did not use the Common Law in this case, she would have to rely on the theory of precedent instead. True False
B
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is no legislation that deals with the issue between them. Mary's rights and obligations in relation to contracts are part of the procedural law. True False
B
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. Most of the laws that affect Ned's application are the procedural laws of precedent. True False
B
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. The CRTC will apply the principles of equity in deciding whether to grant Ned's licence. True False
B
A small Ontario town passes a bylaw which says that shop signs must be only in English. A butcher's shop which caters to the local German-speaking population is charged with infringing the bylaw and the proprietor raises s. 2(b) of the Charter in his defence. A. Since only political speech is protected by the Charter, he will lose. B. Since the Charter does not apply to non-government bodies like a butcher's shop, he will lose. C.Since the Charter protects commercial expression because it helps individuals make informed economic choices, he will win. DSince the Charter protects commercial expression, regardless of any value it may have, simply because . wemustallbefreetosaywhatwechoose,hewillwin. E. None of the answers are correct.
C
If it were decided to amend the Constitution to make ownership of property a right, it would be necessary to have the agreement of i. at least two-thirds of the provinces, which together make up at least half of the population of Canada. ii. at least half of the provinces, which together make up at least two-thirds of the population of Canada. iii. more than half of the members of the federal Parliament. iv. at least two-thirds of the members of the federal Parliament. v. all ten provinces. A. i. B. ii. C. i and iii. D. ii and iv. E. iii and v.
C
Land development is one very important business regulation that is, for the most part, delegated to which level of government? A. Federal B. Provincial C. Local/Municipal D. Land development is unregulated E. All of these levels of government regulate land development
C
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 pleading(s) will be filed by Kelly? A. Statement of Claim B. Statement of Defence C. Counterclaim D. Statement of Claim and Statement of Defence E. Statement of Defence and Counterclaim
C
Rashid saw the accident referred to in Question 32. He told Charles that he would testify that Francine had been over the white line and had backed up into Charles, if Charles paid him $200. Charles agreed. The police can prove Rashid is lying. A. Francine could successfully sue Rashid for slander. B. Francine could successfully sue Rashid for slander and would be awarded punitive damages. C Francine would lose a slander suit because Rashid could raise the defence of absolute privilege, though . Rashid could be charged with the crime of perjury. DFrancine would lose a slander suit because Rashid could raise the defence of qualified privilege, . althoughRashidcouldbechargedwiththecrimeofperjury. E.If Rashid had lied only out of friendship, rather than for money, he could not be sued by Francine nor charged by the police.
C
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 Queen's Bench for Manitoba.
C
Which administrative tribunals were created to protect consumers and the public? A. Egg Marketing Board B. Canadian Radio-television and Telecommunications Commission C. Securities Commission D. Energy boards E. All were created for consumer and pubic protection.
C
At the discretion of the court, judges award costs that are frequently referred to as "costs on a party-and- party basis." These involve: A. the judge awarding incurred costs of the litigation to the unsuccessful party, plus a counsel fee. B. the judge awarding incurred costs of the litigation to the successful party, minus a counsel fee. C. the judge awarding incurred costs of the litigation to the unsuccessful party, minus a counsel fee. D. the judge awarding incurred costs of the litigation to the successful party, plus a counsel fee. E. the judge awarding all costs of the litigation split between both parties with no counsel fee.
D
Easy Money Credit Ltd. is owed $8 000 by Irina for a debt to buy a television and home theatre system. Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14-year-olds. 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
D
Harvey decides to register his business as a pet supply firm as required by the new law. He applies for registration, but is turned down because the agency policy rules state that anyone convicted of theft in the last five years may be denied registration. Harvey was convicted of a minor theft as a teenager five years ago. He decides to appeal the denial to the Business Appeal Tribunal established under the Act to hear appeals. A. The Business Appeal Tribunal is an administrative tribunal. B. Bodies like the Business Appeal Tribunal have no powers outside those granted to them under the Act. C.Tribunals such as the Business Appeal Tribunal must treat people who appeal in a fair manner, and give them a fair hearing. D. All of these statements are true. E. All of these statements are false.
D
Jamal is opening a restaurant in Waterloo, Ontario. He plans to purchase an old house and renovate it to operate his restaurant. On what issue(s) will he be required to seek the approval of a municipal administrative tribunal? A. Land development B. Restaurant Licensing C. Employment Standards Board D. Land development and Restaurant Licensing E. All of the responses are correct.
D
Legislation is passed to establish a governing body for a specialized medical group, and to grant the body power to control and supervise the particular type of specialists. A. The governing body normally would not be allowed to set educational and training standards for the specialty. BThe governing body would not normally be allowed to prevent persons from practising the medical . specialty even though a high degree of skill is required to perform the medical procedures. C. Protection of the public would not be a part of the policy mandate of the governing body. D. None of these statements are true. E. All of these statements are true.
D
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
D
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
D
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.
D
Claire required a reference for a new job. She asked for a letter from her former employer, Alice. Alice wrote that Claire was honest, hard-working, intelligent and pleasant, and would do best in a job with considerable direction and supervision. Since Claire had applied for work in outside sales, she was turned down as the job needed an independent self-starter. Claire sued Alice for libel. A.Alice could successfully argue that she had written the letter in good faith and only said what she honestly believed to be true. B Even if what Alice said was true, Claire will win since, if she was not willing to write only positive . things,Aliceshouldhavedeclinedtowriteatall. C. Alice could successfully raise the defence of absolute privilege. D. Unless Alice can prove the truth of what she wrote, Claire will win. EAlice's freedom of speech must be protected even at the expense of Claire's right to protect her . reputation so, even if Alice was not being totally truthful, Claire will lose.
E
Dan had been notified by his landlord, Kevin, that he was being evicted and was to vacate the premises within one month's time. Dan ignored all of Kevin's subsequent notices of the deadline, refused Kevin's help in moving and caused many confrontations on the issue that almost escalated to physical altercations. After the deadline passed, Dan's belongings were still in the apartment but Dan was nowhere to be found. Kevin put on a new lock, moved Dan's things to the apartment storage units and left a note on the door explaining the arrangement and for Dan to come and talk to him about the situation. Upon investigation the next day, Kevin found the lock smashed and the apartment to be severely damaged. As well, Dan's possessions had been removed from the storage. A. Dan is liable for trespass and punitive damages as a result of his trespass. B Dan is not liable for trespass because he was under the impression that the furniture from the apartment . wasbeingheldfromhimbythelandlord. C Dan is liable for trespass because the change of locks and notice provided him with proper knowledge . thathewasnottousetheapartment. D. The landlord is liable for trespass to and conversion of Dan's possessions. E. All of the responses stating Dan is liable for trespass are correct.
E
Each province has a Court of Appeal to review the convictions of accused persons by the following courts: A. Youth Court B. Supreme Court C. Magistrate's (or Provincial) Court D. Small Claims Court E. All of the above except D
E
Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989), R.P.R. (2d) 189; affirmed, (1990), 14 R.P.R. (2d) 1; varied, (1993), 6 Alta. L.R. (3d) 337. A. This case was first reported in the Regina Public Reports. B. The cite tells us that the last court that heard and decided this case was in the province of Alberta. C. The case was last reported in 1993. D. The initial 1989 decision was overturned by the 1993 decision. E. The decision of the first judge was upheld by another judge who decided the case in 1990.
E
How does the Securities Commission protect investors from unfair and fraudulent practices? A. Require the filing of a prospectus B. Require distribution of the prospectus C. Require disclosure of insider trading D. Licensing investment dealers E. All of the above
E
Smith, a computer programmer with Computer Company, was approached by its largest competitor and asked whether he would like to join it as its head of research. It was made clear that the job was dependent on his bringing with him Computer Company's secret research data. Smith accepted and resigned from Computer Company. A. Smith could be sued by Computer Company for breach of confidence. B. The competitor could be prevented from using any trade secret which Smith brings from Computer Company. C. Smith could be subject to an injunction preventing him working for Computer Company. D. None of the responses are correct. E. All of the responses are correct.
E
Terry responded to a mail-order advertisement for athletic shoes from a magazine. At a cursory glance the offer featured ACME sports shoes, Terry's favourite, on sale for a low price. Terry had failed to notice that the brand name was, in fact, ACNE. When he received the product Terry was infuriated. After an examination of the ad, Terry had realized the mistake but felt that ACNE's marketing tactics were suspect and is considering seeking legal advice on the issue. Which of the following is not true? A. ACNE is responsible for a refund for Terry's purchase because its actions make them liable for passing-off. B. ACNE is liable for nothing because it was Terry's blind negligence that placed him in the predicament. C. ACME could sue ACNE for a violation of their company's product rights and reputation. D. The action of passing-off as it exists in this case is a specific charge under the law of unintentional torts. EACNE is responsible for a refund for Terry's purchase because its actions make them liable for passing- . off and ACME could sue ACNE for a violation of their company's product rights and reputation.
E
The Big Time Construction Company is erecting a large office tower for a major commercial property developer. In the course of construction, a dispute arises as to the timing of cash advances from the developer to finance the next stage of construction. The parties had executed a contract between them which stated that each cash advance from the developer would be provided to the builder after the work on the previous stage had been completed and inspected by the developer. The builder now says that the developer is delaying the inspections and that it cannot carry on to the next stage without the cash advance. The developer says that the builder is deliberately delaying the progress of the construction by not beginning the next stage while it waits for the inspection required to release the next cash advance. The developer intends to take legal action against the builder. A. The developer must use procedural law to sue the builder. B. The dispute between the parties will be resolved by substantive law. C. The contract which the parties made will be interpreted by private law. D. The court will reach a decision in the case using administrative law. E. All types of law except administrative law will apply.
E
The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer licence for their new restaurant. Which of the following is not true? A. The board is an administrative tribunal, not a court of law. B. The decisions of the board become part of the administrative law of the province. C.Agencies and boards such as this one are part of the expanding government regulation of private citizens and businesses. D. The Simpsons will deal with civil servants rather than elected representatives while applying for their licence. E The right to make its own rules and procedures is delegated to the board, but these are subject to the . approvaloftheprovinciallegislature.
E
Under the Ontario Travel Industry Act, someone who is turned down for registration as a travel agent may appeal from the Registrar's decision to the Commercial Registration Appeal Tribunal, a body appointed by the Ministry of Commercial & Consumer Relations. A conviction for theft within the previous five years is grounds to refuse registration. Ben, who had a conviction for shoplifting ten years ago, has been turned down, and he has decided to appeal. Which of the following is not true? A. The Commercial Registration Appeal Tribunal is an administrative law body, not a court. B. The hearing in front of a Tribunal like this is not conducted in the exact same way as a trial in a court. C. Bodies like the Tribunal have no powers outside those granted to them under the relevant legislation. D.Tribunals such as this must treat people who appeal to them in a fair manner, but they do not have to . follow the same rules of evidence and procedure as a court. E. All of these statements are false.
E
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.
E
Which of the following statements is false? A. Contingency fees are paid to the lawyer only if the case is won. B. Contingency fees only recently came into existence in Canada. C. One of the concerns raised against contingency fees is that they lead to frivolous lawsuits. D. One argument in support for contingency fees is that they provide greater access to justice. E. Not all Canadian jurisdictions permit contingency fees.
E
Your company, a manufacturer of household cleaning products, successfully defended a product liability suit brought by a customer for a serious skin irritation she suffered after using an oven cleaning solution made by your company. Your defence was based on the fact that adequate warnings were placed on the container that users should wear gloves. The plaintiff has appealed the court's decision on the basis that the judge failed to apply the legal principle of strict liability to this case, which would automatically find the manufacturer liable if the product itself were, in fact, found to be inherently dangerous. A The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the . cleanersufficientlyandorderanewtrialtoassessthispoint. BThe Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the . cleaner sufficiently and admit the appeal and reverse the decision. C The Court of Appeal may find that the trial judge did not properly apply the principle of strict liability . andadmittheappealandreversethedecision. D The Court of Appeal may find that the trial judge properly considered the principle of strict liability and . dismisstheappealandaffirmthedecision. EAll of the findings are possible except that the Court of Appeal may not find that the trial judge did . not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision.
E
