Sample/practice exam 28 April 2019, questions and answers PDF

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Quiz Submissions - Graded Exercise 11 / 1 pointThe jurisdiction of the federal and provincialgovernments to make law over certain areas is set outin which constitutional document? The Charter of Rights and Freedoms The Constitution Act, 1867 The Constitution Act, 1982 View Feedback 1 / 1 pointWhich ...

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Quiz Submissions - Graded Exercise 1 1 / 1 point

The jurisdiction of the federal and provincial governments to make law over certain areas is set out in which constitutional document? 1) The Charter of Rights and Freedoms 2) The Constitution Act, 1867 3) The Constitution Act, 1982 View Feedback

1 / 1 point

Which of the following is another word for "legislation"? Choose ALL the correct answers. Incorrect answers will be deducted from correct answers to score this question. A) Statute B) Case C) Precedent D) Act

Question 3

1/ 1 poi nt

In constitutional law, the term ultra vires refers to the situation where a level of government has: ) Made law that is inconsistent with a law made by the other level of government. ) Made law that is within their jurisdiction according to sections 91 and 92 of the

) Made law outside of their jurisdiction according to sections 91 and 92 of the 1/ 1 poi nt

Question 4

The Charter of Rights and Freedoms is part of which constitutional document? ) The Constitution Act, 1867 ) The British North America Act, 1867 ) The Constitution Act, 1982 1/ 1 poi nt

Question 5

Who determines whether legislation is permissible? Choose the best answer from the list below.

A) the federal government B) the prime minister C) the Parliament of Canada D) the judicial branch View Feedback

1 / 1 point What is a distinguishing characteristic of the principle of precedent law?

A) It is based on a Civil Code. B) It applies only in Quebec courts. C) Individual freedoms are valued.

D) Like cases should be treated alike. 1/ 1 poi nt

Question 7 What is the defining characteristic of procedural law?

A) It regulates the relationship between persons and governments. B) It is a set of laws defining individual rights, duties, and liabilities. C) It governs procedure for the enforcement of rights, duties, and liabilities. 1/ 1 poi nt

Question 8 In as much as it is possible, the judiciary is to be independent from the legislative and executive branches of government.

A) True B) False View Feedback

1 / 1 point

The provincial government wants to pass a law adding a grade 13 to high school in Alberta. Put the necessary events (below) into chronological order to make this happen. third reading. es royal assent eading, the bill is debated in the Legislative Assembly and passes second reading. oduced to the Legislative assembly and passes first reading. The bill is then sent to committees for fine-tuning. nd Cabinet determine that a new law about grade 13 is a priority and draft a bill.

Match the level of government with the "head of power".

You're going to look up some law! We have looked at the "heads of power" when we looked at which level of government has power to make laws in which areas. Now, I want you to look at some other "heads of power" and tell me whether they're provincial or federal. You can read the document that creates the heads of power on CanLII. Google CanLII . Then choose "English". Then make sure you are looking in the FEDERAL collection. (That's where you'll find the document you're looking for.) If you prefer, you can just click on the URL below: https://www.canlii.org/en/ca/ Once you are in the Federal collection, locate the search bar at the top of the page that says “case name, document title, file number, author or citation” and type in the name of the document you are looking for and hit enter. Then click on the document name to view it. Once the document opens, click on the blue bar that says “show table of contents”, then click on the little “+ expand all” button to see a detailed list of the sections. Scroll down the list and click on the sections you want to review. Another way to find the document you need on CanLII is to click on the URL below: https://www.canlii.org/en/ca/laws/stat/ You will be in “federal statutes". Use the search bar where the word “filter” appears to type in the name of the document you are looking for and hit enter. Click on the document name to view it. Once the document opens, click on the blue bar that says “show table of contents”, then click on the little “+ expand all” button to see a detailed list of the sections. Scroll down the list and click on the sections you want to review. (You know the numbers of the two important sections! Use your class notes!)

__2__

The Incorporation of Companies with Provincial Objects. (This means "The incorporation of companies that will operate entirely within the province.")

__1__

Weights and Measures.

__1__

Bankruptcy and Insolvency.

__1__

Quarantine and the Establishment and Maintenance of Marine Hospitals.

__1__

Navigation and Shipping.

__2__

Municipal Institutions in the Province.

1.

Federal

2.

Provincial

__2__

Direct Taxation within the Province in order to the raising of a Revenue for Provincial Purposes.

__1__

The Census and Statistics.

__2__

Generally all Matters of a merely local or private Nature in the Province.

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1 / 1 point Which of the following best describes the defining characteristics of public law?

A) It regulates relationships between governments and individuals. B) It provides rules concerning rights and obligations of business. C) It focuses on fairness according to strict rules of common law. D) It contains the rules of law in the Civil Code of Quebec. 1/ 1 poi nt

Question 12

Except for the province of Quebec, Canada's legal system is based primarily on: 1) The legal system of the United States. 2) The civil law system of France. 3) The common law system of England. View Feedback

1 / 1 point

The principle of following a decision of a higher-level court is called:

1) Stare decisis 2) Civil law 3) Res judicata 4) Procedural law

Quiz Submissions - Graded Exercise 2 1 / 1 point

What is the standard of proof required to be satisfied in a civil lawsuit? ) proof that is beyond any doubt ) proof on the balance of probabilities ) proof that is beyond question ) proof beyond a reasonable doubt 1/ 1 poi nt

Question 2

The limitation period for all matters, in all cases, is always 2 years. A) True B) False View Feedback

0 / 1 point

What is the role of the pleadings stage of the litigation process? a) to allow time for the defendant to concede and allow default judgment

b) to facilitate the exchange of formal documents stating the basis of the lawsuit

c) to prepare a document containing the allegations (claims) and all the evidence supporting the cla

d) to allow time for the parties to plead the basis of their case before a judge View Feedback

0 / 1 point

Each of the following, except one, accurately describes a reason why it is more likely that a plaintiff will win their case against a defendant, than that a crown prosecutor will win their case against an accused. Identify the incorrect statement. A) the Crown has to obey the procedural safeguards put in place by the Charter

B) the crown prosecutor will bear the burden of proof in the criminal trial, but the plaintiff does no

C) the Crown must meet a higher standard of proof

D) the Crown prosecutor has to convince the Judge/Justice that imprisonment or a fine are justified compensate the plaintiff View Feedback

1 / 1 point

If you have been in a car accident, there is only one jurisdiction in which you can sue: the place where the car accident happened.

A) True B) False View Feedback

1 / 1 point

When suing for $300,000, the first time that a plaintiff or a defendant will have to answer questions under oath will be in court, in front of a Justice. A) True B) False View Feedback

1 / 1 point

Which of the following statements regarding an action (law suit) in tort means the same as "it is not enough to establish some of the elements or even most of them"? ) the plaintiff’s automatic entitlement to damages (loss shifting) b) the right to recover a loss of income ) the plaintiff’s requirement to prove each and every step or element d) the defendant's requirement to prove that each defence applies View Feedback

1 / 1 point

What is the meaning of the term "limitation period" ) a statutorily defined period of time in which a legal action must be commenced ) a period of time that must pass before a claim can be filed ) a maximum amount recoverable for breach of contract

) the time covered by the retainer paid for the lawyer’s services 1/ 1 poi nt

Question 9

The activities of a large multinational corporation violated federal and provincial environmental laws. The corporation's activities polluted a clean water source and caused illness among the people and wildlife inhabiting the affected area. Why would the multinational corporation’s executives want to resolve the legal dispute through ADR? ) their desire to keep details of the pollution, contamination, various illnesses and the settlement priv b) a need to sustain the operation based on the amount of capital resources committed to it business activities ) the fact that an arbitrator’s decision will be binding and likely be favourable to the corporation View Feedback

1 / 1 point

Match the words with the kind of law in which they would be found. Be careful! You must get all the answers correct in order to earn the mark. __1__

prosecution

1. Public

__2__

liability

2. Private

__1__

guilt

__1__

fine

__2__

injunction or specific performance

Quiz Submissions - Graded Exercise 3 0 / 1 point

After the MacLeans began to use their new swimming pool, they found that they could not use it because of the smell coming from their neighbour's chicken coop. They knew of the chickens when they moved in but had no idea that the smell could be so overpowering, especially during the summer. Which of the following is true with regard to the legal position of the parties? a) This is an example of strict liability and there is nothing the neighbour can do to avoid liability i b) The MacLeans could sue for assault. c) There is nothing the MacLeans can do.

d) The MacLeans would have to sue in nuisance if they hope to succeed.

e) The MacLeans can sue for trespass.

Question 2

Which of the following incidents describes the legal meaning of the tort of assault (without battery)? a) Unknown to you, I throw a hammer at your head but miss.

b) I accidentally drop a hammer on your foot.

0/ 1 poi nt

c) I throw a hammer at your head, but you see it coming and duck out of the way.

d) When you are asleep in the house, I sneak up and throw a hammer through your garage window e) I come up from behind you without your seeing me and hit the back of your knees, causing you

Question 3

1/ 1 poi nt

Tray and Rima, employees of Crate'n'Go Ltd., accidentally dropped a crate that they were unloading. The crate just missed an 80-year-old lady, Mrs. Rast, who was on her way to the bus stop. She was not hurt at all, or upset because it fell behind her (and she didn't notice). Just to be sure she wasn't hurt or upset, Tray said, "Let me take your arm and help you to the bus." She agreed, so he took her by the arm and walked with her for the rest of the block. When they arrived at the bus stop where others were waiting, she then turned to him, screaming, "Let go of me! You have no right to touch me!" With that, she hit him with her purse. On these facts, which of the following is true? ) Mrs. Rast could successfully sue Tray for battery. ) Mrs. Rast could successfully sue Tray and Rima for assault. ) Tray could successfully sue Mrs. Rast for battery. ) Mrs. Rast could successfully sue Crate'n'Go in negligence.

Question 4

Bubba, an angry, foul-mouthed fan, yelled insults at Rob, a professional athlete, as Rob was leaving the

1/ 1 poi nt

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 true? ) If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justi ) Rob could succeed in an action against Bubba for the tort of nuisance. ) Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action bec result in both types of proceedings. ) The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag. ) The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit;

Question 5

1/ 1 poi nt

Which of the following actions would not result in a successful tort action by the person suing? Assume that all the persons involved learn these facts. A) Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely stated that the may not to print it. The mayor sued Mr. Meen. B) When Jed dropped a board and broke Al's toe, Al threw a rock at Jed, but Jed saw it coming and m C) An accountant mis-stated a company's financial earnings in financial statements that he knew wo investor, relying on the erroneous statements, invested $20,000 and lost it all. Mr. Lam sued the ac D) Andreina looked up from the book she was reading and saw her neighbour, Enid, in the yard. And because Enid, who is elderly and has difficulty walking, took a long time to make her way to the g

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1 / 1 point

A person could be liable for the tort of trespass ) for leaving the wrong packages in the right person's garage. b) for attending the "garage sale" at the designated time. ) for leaving packages in the wrong person's garage. d) for sleeping in the garage with the owner's permission. ) for accidentally knocking down the garage in a car that was rolling out of control. View Feedback

1 / 1 point

Randalph is a shoe designer whose business is failing. He believes that he will be able to sell more of his creations if he puts a Jimmy Choo label on them. Why is this not a good idea? ) Randalph could be sued for passing-off. ) Randalph could face an action in injurious falsehood. ) Randalph could face an action in conversion. ) Randalph could be sued for trade slander. ) Randalph could be sued for a negligent misstatement.

Question 8

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A person could commit a trespass even without coming onto your land. a) True b) False View Feedback

1 / 1 point

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

Question 10

1/ 1 poi nt

Although nothing at all had been stolen, the store detective thought Al and Ed (friends at Insurance Corp. where they both work) had stolen some records. After they exited from the store (and in front a large group of their colleagues), the detective said to both of them, "Hold it! You'll have to wait right here for the police; you'll be charged with theft!" While Ed stopped and protested, Al just hurried off and drove away. Ed felt compelled to submit to the detective. After some time the police finally arrived. It was only then that the detective realized that no crime had been committed. Ed was released. On these facts, which of the following is true? ) Only Ed has a cause of action for false imprisonment (i.e., a legal right to sue)

b) Both Al and Ed could sue for the tort of false imprisonment because both were commanded to stop ) Only Ed could sue for defamation. d) Neither Al nor Ed could sue because neither was confined in a closed space. View Feedback

1 / 1 point

Jim was assigned to a different workroom at the factory. During the day, he became increasingly upset with one of his new co-workers, Mr. Saur, who criticized everything Jim did. After several hours of this, Jim said, "I could do a little better in here if you kept your mouth shut." Mr. Saur answered, "You young @#$%%, you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if Jim hadn't jumped out of the way. Jim picked up a paper cup of water and threw its contents at Mr. Saur, saying, "Cool down, old man." Some of the water hit Mr.Saur, who then ran over and hit Jim hard with a piece of pipe. Charlie, another worker who happened to see Jim fall after being hit with the pipe, reached into the room far enough to grab Jim by the hair and pulled him out of the room, away from Mr. Saur's reach. Jim whimpered "don't touch me" as he was pulled from the room. On these facts, which of the following is true? ) Jim could not sue Saur for assault because Jim was not hurt by the falling machinery. b) If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt." ) Charlie could be sued successfully for battery even though he was acting in Jim's best interest. d) Jim couldn't be sued for battery for throwing the water at Saur.

) If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence. View Feedback

0 / 1 point

Read the following and indicate the true statement. a) If a person suffers a loss because a salesman knowingly made a false statement that he knew the defamation. b) If falling over boxes wrongfully left in his garage by a delivery company injured a person, the c

c) If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the pro

d) If a person suffers damage because of wiring improperly installed by John for his employer, Wo

e) If a person were given a blood transfusion after making it clear to the doctor that she didn't want 1/ 1 poi nt

Question 13

When an employee commits a tort in the scope of his employment, the principle of vicarious liability states that the employer is liable, not the employee. a) True b) False View Feedback

0 / 1 point

Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade paper of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade

paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to heck! You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left to go. As Clark was walking out the door, looking at his receipt, Don threw a hard disk at him and hit h...