ALW381 - practice questions for Quiz 1 (with answers) - Summer 2019 PDF

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ALW381

Practice Questions (with Answers)

Summer 2019

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Which of the following is an example of substantive law? 1) _______ A) The rule that any action under $10,000 must be brought in the small claims court B) The rule that a tort action must be commenced within 2 years of the action complained of C) The rule that establishes the type of document by which an action is commenced D) The rule that a victim of fraud can sue 2) The custom of following already decided cases is called A) Stare decisis. B) Ultra vires. C) common law. D) Res judicata.

2) _______

3) When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which one of the following courts will we get the most authoritative precedent, i.e., the most binding ruling? A) The Ontario Court of Appeal B) The Supreme Court of B.C. C) The Manitoba Court of Queen's Bench D) The Supreme Court of Canada

3) _______

4) Mildred and Sam's marriage breaks up, and a creditor is suing Mildred for $5,000 because she co -signed for the loan for the purchase of the car. Which court would deal with this action in the province? A) The provincial youth court B) The superior trial court C) The family court D) The small claims court

4) _______

5) Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada? A) You can sue in the federal court, where the defendant resides, where the action arose, or where you live. B) You can sue where the defendant resides or where the action arose. C) You can only sue where the defendant resides. D) You can only sue where the action arose.

5) _______

6) The Federal Government does not have the power to pass the law. A) To allow the governments of Canada to make changes to the

6) _______

constitution allow for federal government to pass environmental legislation C) To allow for the protection of human rights in Canada D) To allow the Federal Government to make laws for the Peace Order and Good Government of Canada E) To allow the provinces to pass environmental legislation B) To

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7) To which of the following cases would the Charter apply: A) A law passed by a provincial legislature which imposes

7) _______

mandatory retirement at age 60. new law passed by the Federal parliament makes it an offence to criticize the Prime Minister. C) A man arrested by the police has been denied the right to consult with a lawyer. D) All of the above E) Only B and C B) A

8) John

while driving along a major highway, fell asleep at the wheel causing his motor vehicle to get out of control and seriously injure Toby who was also driving along the highway. Which of the following types of law will likely come into play A) regulatory law B) administrative law C) private law D) A and B E) A and C

8) _______

9) Which

9) _______

of the following is not a recognized goal of class action lawsuits: A) To allow Plaintiffs to recover higher awards of damages B) To deter potential wrongdoers. C) To allow plaintiffs to share the cost of litigation D) To allow for greater efficiencies in the justice system E) To allow more litigants to have access to justice

10) In

which of the following courts, can a person usually conduct a action by him or herself or retain a lawyer, paralegal or law student to assist him or her: A) Superior Court B) Supreme Court of Canada C) Court of Appeal D) Divisional Court E) Small Claims Court

10) ______

11) In

11) ______

which of the following cases is a third party claim normally issued: A) When a defendant has a counterclaim against a plaintiff B) When a judgment is signed C) When a defendant may be responsible to the plaintiff but may have a claim against another party for some or all of the amount owed to the plaintiff D) When a plaintiff wishes to claim against more than one defendant. E) When a defendant alleges that none or only part of a debt is owed

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12) In

which of the following Canadian provinces is the legal system based upon a civil code system rather than the common law: A) New Brunswick B) British Columbia C) Quebec D) New Foundland and Labrador E) Ontario

12) ______

13) Trevor

13) ______

14) Legislation is the name given to laws A) the general system of laws of a country. B) that are made by Judges. C) that are made by Parliament and Provincial legislatures. D) made by members of the government. E) none of the above

14) ______

15) Under our legal system, which is derived from English common law, A) our courts look to and apply principles of law that have evolved out of cases dealing with the same subject matter as the dispute between the private parties. B) our courts look to legislation passed by the federal and provincial governments to resolve disputes between private parties. C) our courts look to the way other countries have resolved disputes between private parties. D) our courts look to the Constitution to resolve disputes between private parties. E) our courts simply resolve the dispute based on common sense.

15) ______

16) Law is derived from a variety of sources. These include the Constitution, legislation, and A) Supreme Court of Canada and subordinate legislation. B) statements made by Ministers and administrative rulings. C) court decisions handed down by judges. D) media reports and other news.

16) ______

has obtained a judgment for $400,000 against Jennifer who has refused to pay it. Which of the following courses of action can Trevor take in order to have the debt satisfied: A) He can apply to have a judgment debtor examination of Jennifer B) He can apply to the court to have Jennifer’s real property seized and sold. C) Garnishment proceedings D) He can apply to the court to seize and make an order for the sale of Jennifer’s real property. E) All of the above

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17) Section 15 of the Canadian Charter of Rights and Freedoms deals with A) the applicability of the Human Rights Act. B) its application to citizens of the United States. C) national politics. D) legal rights. E) equality rights.

17) ______

18) Federalism is A) the system of government that believes in health care for all. B) a system of government in which the various governments, such as feral and provincial, all come together to make laws for all the people. C) the system of government that applies in the Province of Quebec. D) the system of government in which the central government makes laws for all the people. E) the system of government in which power is divided between two levels of government.

18) ______

19) The "notwithstanding" provision in the Charter of Rights and Freedoms is one that A) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter. B) allows a legislature to pass a law notwithstanding a court Order that prohibits it from doing so. C) allows a Court to decide that notwithstanding the fundamental freedoms specified in the Charter, the judgment of the court is supreme. D) allows a legislature to pass a law that provides that notwithstanding the law that has been passed the Charter of Rights and Freedoms will still apply. E) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter if the provision specifically states that it shall operate notwithstanding the freedoms specified in the Charter.

19) ______

20) Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute. Section 1 A) allows the courts to decide whether it is necessary to infringe rights in order to maintain the values of a free and democratic society. B) enables provincial legislatures to override decisions of the courts regarding the Charter. C) permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society. D) enables Parliament to override decision of the courts regarding the Charter. E) none of the above

20) ______

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21) Which of the following best describes the primary purpose of tort law? A) To ensure that contractual promises are kept B) To force people to do good, e.g., rescue those in trouble C) To compensate victims of wrongful conduct D) To prevent crime E) To punish wrongdoers

21) ______

22) With regard to the law of tort, which of the following is false? A) An act must be intentional to be classified as a tort. B) A negligent person causing physical injury to another is responsible to the full extent of the injury suffered, even though the injured person suffered more than would reasonably be expected because of a special weakness. C) Although a person was not careless and intended no harm, he could still be sued successfully by someone harmed by a dangerous substance that escaped from his property. D) Although a signed consent form appears to be a defence to a claim of battery, the court will look to see if it was informed consent, that is, if the person was told all the relevant facts that would allow a reasonable person to make a decision. E) If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer that portion of the loss and will not be compensated for it by the defendant.

22) ______

23) Bubba, an angry, foul -mouthed fan, yelled insults at Rob, a professional athlete, as Rob was leaving the field. The fan suddenly rushed toward Rob, and although Rob tried to defend himself by throwing his gym bag at Bubba, Bubba hit him above the eye, causing a serious cut requiring stitches. Bubba was arrested, convicted, and sentenced in a criminal action for his attack. Rob, a starting player, missed ten games because of the injury. On these facts, which of the following is false? A) If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence. B) The insults yelled at Rob would not, in themselves, give Rob the right to hit Bubba with his gym bag. C) The attack by Bubba shows the elements of the torts of assault and battery: the assault was making Rob apprehend the hit; the battery was the hit. D) Rob could not succeed in an action against Bubba for the tort of nuisance. E) Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings.

23) ______

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24) In January, a driver accidentally caused a snowplough to go off the road, crash into a house, and enter the living room. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snowplough was charged with the crime of driving while impaired, and convicted, which of the following is true? A) The owners of the house would have no civil action against the driver because no one was hurt. B) The owners of the house could also proceed in a civil action against the driver for the tort of negligence. C) The owners of the house could also proceed in a civil action against the driver for the tort of nuisance. D) The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt. E) The owners of the house could not proceed in a civil action, because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action.

24) ______

25) Which of the following incidents describes the legal meaning of the tort of assault (without battery)? A) I accidentally drop a hammer on your foot. B) I come up from behind you without your seeing me and hit the back of your knees, causing you to fall down. C) When you are asleep in the house, I sneak up and throw a hammer through your garage window. D) I threw a hammer at your head, but you saw it coming and ducked out of the way. E) Unknown to you, I threw a hammer at your head but missed.

25) ______

26) Marlon

26) ______

and Peter who are alone in an office together, are having an argument during the course of which Marlon says to Peter: “You are the lowest form of a thief”. Marlon does not have any knowledge of Peter being a thief. Which of the following is true: A) If Peter sues Marlon for defamation, Marlon can successfully rely on the defence of absolute privilege. B) Peter can sue Marlon for defamation because Marlon has made an untrue statement about him. C) Marlon has not committed a tort. D) If Peter sues Marlon for defamation, Marlon can successfully rely on the defence of qualified privilege. E) Marlon has not committed a tort because words said in the heat of an argument are not actionable.

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27) With regard to the law of negligence, which of the following is false? A) If you hurt someone and are sued for negligence, a possible defence is that you didn't intend to hurt the person. B) Some occupiers' liability acts set the standard of care owed by the occupier, namely, to take reasonable care that any person is reasonably safe. C) If the court finds that the plaintiff was 40% and the defendant 60% responsible for the loss suffered by the plaintiff, the plaintiff cannot recover the 40% from the defendant. D) To win his action in negligence, a plaintiff must prove, among other things, that the defendant owed the plaintiff a duty of care. E) If you are negligent and cause damage to another, a possible defence is that the other voluntarily took the risk.

27) ______

28) Creative Farming Ltd. manufactures fertilizer from organic matter, a by-product of which is explosive methane gas. During the processing, some of this gas escaped and drifted onto the adjacent property, where it caused an explosion, extensively damaging a building owned by XYZ Co. Creative Farming Ltd. would be liable for the loss under which one of the following principles? A) Occupiers' Liability Act B) Strict liability C) Vicarious liability D) Product liability E) Contributory negligence

28) ______

29) Which of the following statements describes the standard expected of experts? A) Inexperience excuses incompetence. B) Must exercise skill with degree of care expected from a reasonable person in that profession. C) Require skills and abilities expected of an average person. D) The standard of an expert need be perfection. E) Common practice always sets the appropriate standard.

29) ______

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30) Stella bought a cup of coffee at the drive-through window at a coffee-shop. Holding the cup between her knees and attempting to take off the lid to add cream, she spilled the coffee. She suffered burns to her thighs. If this happened in Canada, which of the following is true? A) If the court finds the plaintiff contributorily negligent causing 60% of her loss, she must suffer that portion of the loss and will not be compensated for it by the defendant. B) If Stella sues the coffee-shop for negligence, she will only have to prove that the company owed her a duty of care. C) If the coffee-shop claims there was no way to reasonably foresee that Stella would be harmed, the plaintiff's case would be dismissed even though she suffered burns. D) If Stella sues the coffee-shop, the company's best argument is that it didn't owe her a duty of care. E) To succeed with the defense that she volunteered to take the risk, the coffee-shop would have to prove that she deliberately spilled the coffee.

30) ______

31) A seven-year-old boy followed his dog into Mr. Howe's backyard. He fell into a large hole dug by Mr. Howe in preparation for a tree that had been ordered. The boy broke his arm in the fall. At the hospital, the boy was treated by a doctor employed there for four years. The doctor did not set the boy's arm because he made a mistake in reading the x -ray. Because the arm was not treated correctly, it healed improperly. When the boy kept complaining, his mother took him to their family doctor, who discovered the error. The boy had to have his arm rebroken so that it could be set properly. On these facts, which of the following is true? A) In an action against the land owner, if the boy were found to be partially at fault for his injury, the court would apportion the award of damages as it apportioned the fault. B) The owner of the land owed no duty of care to the boy because the boy was a trespasser. C) The hospital, not the doctor, would be solely liable for any harm suffered due to the negligence. D) The doctor owed a duty of care to the boy, but he only had to meet the standard of care expected of the average man. E) The case law that developed over hundreds of years on the duty of care owed by occupiers of land has priority over any subsequent legislation on the point.

31) ______

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32) Samera a patron

in a bar was seated at the counter enjoying her drink, when a another patron Bertha, who was drunk accused her of making eyes at her favourite bartender. Samera ignored this whereupon Bertha hit her in her face causing a slight cut and attempted to grab her hair. Samera pushed Bertha down whereupon two men held onto Bertha to prevent her from continuing her attack. Samera then threw a bottle of beer at Bertha, striking her below her eye. Which of the following statements best describes the legal position? A) Samera committed the tort of assault against Bertha B) Samera did not commit any torts C) Bertha commit any torts. D) Bertha committed the tort of negligence against Samera. E) Samera committed the tort of battery against Bertha

32) ______

33) In January, a driver accidentally caused a snowplough to go off the road, crash into a house, and enter the livingroom. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snowplough was charged with the crime of driving while impaired, and convicted, which of the following is true? A) The owners of the house would have no civil action against the driver because no one was hurt. B) The owners of the house could also proceed in a civil action against the driver for the tort of nuisance. C) The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt. D) The owners of the house could also proceed in a civil action against the driver for the tort of negligence. E) The owners of the house could not proceed in a civil action, because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action.

33) ______

34) While attending a baseball game cheering for the home team, a fan of the other team sneaks up behind Jack and hits Jack on the head with a hard piece of pizza crust, injuring Jack. Jack has no idea he is about to be hit and is severely embarrassed when his friends see that he was injured by a pizza crust. Which of the following torts has the fan committed? A) Assault, battery, and negligent infliction of emotional distress B) Assault C) Assault and battery D) Battery E) Battery and negligent infliction of emotional distress

34) ______

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35) A seventy-year-old woman, using the escalator at the airport, dropped a glove. When she attempted to pick it up, she lost her balance and fell. As a result of the accident, she suffered a fractured vertebra (back-bone). In an action by her against the company that had the responsibility of maintaining the escalator, the defendant company would argue which of the foll...