JURI1105 MULTIPLE CHOICE

Which legal pronouncement resulted from the 1759 Battle of the Plains of Abraham?

a. The Magna Carta

b. The British North America Act

c. The Royal Proclamation of 1763

d. The Declaration of Independence

c

What advantage can a federal constitution extend?

a. Each component has the right to be separate

b. Local differences can be addressed

c. A legislative union enhances national unity

d. A unitary government assures independence

b

Which statement best explains the reasoning for the Supreme Court's decision in R. v. Oakes?

a. The court decided that the reverse onus provision in the Narcotic Control Act was racially motivated and should be struck down as country to the Charter

b. The court decided that the reverse onus provision in the Narcotic Control Act was necessary to control the seriousness of the drug problem in Canada

c. The court decided that the reverse onus provisions in the Narcotic Control Act contravened a person's right to be presumed innocent until the corn could prove otherwise

d. The court decided that the reverse onus provision in the ?Narcotic Control Act should be changed so that the crown only had to prove than an accused person was guilty on the balance of probabilities.

c

Which statement exemplifies the most significant difference between constitutional law and any other forms of statue law?

a. Constitutional laws can only be introduced in the Senate

b. Only a limited number of constitutional laws can be passed per year

c. Constitutions laws cannot be changed unless the amending formula contained therein is applied

d. Constitutional laws cannot be signed by the Governor General or Lieutenant Governor of a province

c

Which statement best describes the history of the British North America Act, 1867?

a. It was a statue of the British Parliament

b. It was a treaty between Canada and Great Britain

c. It was ratified by all 10 provinces before it came into force

d. It was enacted by the governments of Upper and Lower Canada

a

Which statement best describes how Sections 91 and 92 establish the distribution of legislative powers?

a. They identify which laws must still be approved by the British monarch

b. They identify which powers belong to the legislatures and which belong to the courts

c. They identify which laws are money bills and require unanimous consent of the House of Commons

d. They identify which laws must be enacted by the federal Parliament and which are reserved to the provincial legislatures.

d

Which statement best describes the outcome of the "peace, order, and good government" provision set out in section 91 of the British North America Act?

a. It prevents the provinces from enacting their own laws

b. It gives police the authority to search private residences in the interest of public safety

c. It allows the provinces legislative authority over matters specific to their jurisdictions

d. It gives the federal government residual power over areas of jurisdiction not specified in sections 91 or 92.

d

Which statement best explains how the tradition of parliamentary supremacy has been affected by the Charter of Rights and Freedoms?

a. The judiciary now has to approve all laws in Canada before they become operative

b. The provincial legislatures can amend the constitution without the consent of Parliament

c. Section 1 of the Charter of Rights and Freedoms unequivocally guarantees our rights and freedoms

d. The court can declare validly enacted laws inoperative, if they contravene the rights guaranteed in the Charter of Rights and Freedoms

d

What is the fundamental freedom guaranteed in the Charter of Rights and Freedoms?

a. freedom of association and freedom of religion

b. freedoms of religion and freedom to bear arms

c. freedom of occupational mobility and freedoms to bear arms

d. freedom of association and freedom of occupational mobility

a

When does the Charter of Rights and Freedoms apply?

a. It always applies only if Parliament or a provincial legislature specifically agrees to the enacted law being subject to it.

b. It always applies to the laws of a provincial legislature but only to Parliament if it specifically agrees to the enacted law being subject to the Charter

b

Which term best defines "custom", as it is applied as a source of Canadian law?

a. use

b. trade

c. convention

d. constitutional

Which statement best defines the outcomes of the "partition" of Canada's Constitution?

a. It made Canada's Constitution more patriotic. It made Canada responsible for amending the Constitution

c. It made it illegal for men to be paternalistic towards women

d. It made a constitution that requires Parliament to be more patronizing towards the provincial legislatures.

What area of law is primarily concerned with collective interests?

a. public law

b. family law

c. procedural law

d. constitutional law

Canadian law has imported the laws of other national jurisdictions. Which of the following notional jurisdictions have laws that have been imported into Canadian law?

a. France, Britain, and Germany

b. France, Britain, and the United States

c. Germany, Britain, and the United States

d. France, Germany, and the United States

Which statement best explains how the concept of unwritten law could create confusion?

a. Unwritten law comes from a variety of sources

b. Unwritten law is passed down orally over the centuries

c. Unwritten law is the category of law classified as public law

d. Unwritten law is written, but it is not the product of any legislature.

Which of the following did Winston Churchill suggest as a determinant of the development of a civil society?

a. the instruments of political coercion

b. The reaction the elites to a new social order

c. the establishment of social justice

d. the treatment of crime and the criminal

What does the subjective test of intent address?

a. what actually happened

b. what the accused actually did intend

c. what a reasonable person would intend

d. what the court thinks the accused intended

What does the objective test of intent address?

a. what actually happened

b. what the accused actually did intend

c. what a reasonable person would intend

d. what the court thinks the accused intended

Which of the following statements best describes the response of the state to criminal conduct?

a. Penalties are created to deter deviant conduct

b. Compensation is awarded to victims

c. Collective responses are designed to protect the governing elite

d. Courts are established to balance the interests of the accused and victim`

Which of the following statements best defines administrative law?

a. Administrative law is a form of public law.

b. Administrative law is a form of private law

c. Administrative law is a form of contract law

d. Administrative law is a form of corporate law

a

Which of the following statements best describes the purpose of administrative law?

a. It exists as a means to determine if the government has been properly elected

b. It exists as a means to determine if the government is fulfilling its obligation to act fairly

c. It exists as a means to determine if the government is fulfilling its obligation to act fiscally responsible

d. It exists as a means to determine if the government has been enacting laws in accordance with their election promises

b

Which of the following best exemplifies crimes against the person?

a. insider trading, fraud, and theft

b. gambling, prostitution, and pornography

c. homicide, roveri, and sexual assault

d. driving without a license, speeding, and failing to yield

c

Which of the following statements best describes how administrative law is perceived in comparison to constitutional law?

a. Administrative law is more dynamic

b. Administrative law is more user-friendly

c. Administrative law is more complicated

d. Administrative law is more static

a

Which of the following statements best describes the defining characteristic of administrative law? Administrative law defines the relationship between government and....

a. the court

b. other nations

c. the individual

d. other governments

c

Which of the following statements best describes the characteristic of the test to determine liability in tort?

a. The test is the same as in a crime

b. The test is beyond a reasonable doubt

c. The test is on the balance of probabilities

d. The test is different in intentional and unintentional torts

c

Which of the following statements best defines a tort?

a. A tort is a wrong against another person

b. A tort is a wrong against a private interest

c. A tort is a wrong against the public interest

d. A tort is a type of breach of contract

b

Which of the following is a defence to liability for negligence?

a. mitigation

b. foreseeable risk

c. mental disorder

d. voluntary assumption of risk

d

Which of the following best lists the four principles of procedural fairness that should be incorporated in administrative decisions?

a. due process, excess of jurisdiction, the doctrine of fairness, and natural justice

b. due process, excess of jurisdiction, the doctrine of fairness, and technical defect

c. due process, excess of jurisdiction, natural justice, and technical defects

d. excess of jurisdiction, natural justice, technical defects, and the doctrine of fairness

a

One defence to intentional torts is that the victim consented to the harmful conduct that resulted in subsequent injury. Which of the following statements best describes how to determine if the victim consented to the harmful conduct?

a. Each case must be looked at according to the specific context and nature of the incident

b. There is a rule that says a victim can never consent to harm

c. There isa rule that says "to consent to play is to consent to harm"

d. There is a rule that consent is implied whenever a person chooses to participate in a potentially harmful activity

a

Which of the following best describes the main objective of the tort system?

a. to punish the wrongdoer

b. to put wrongdoers in jail

c. to compensate people for breaches of contracts

d. to compensate people for wrongs committed against then

d