Law 201 Queens

Which one of the following English courts created its own separate body of rules called equity?

Court of Chancery

Each Canadian province is considered a separate jurisdiction, and decisions from other provinces can be

Persuasive

What is the name of the justice system that judges preside over in a common law jurisdiction?

Adversarial

Under the federal ____________ doctrine, in the event of a conflict between a federal and provincial law, the federal law prevails over the provincial one.

Paramountcy

When the Supreme Court of Canada postpones its decision so it can carefully reflect on the case and have time to write the decision, it is said to _______ its decision.

Reserve

Legal rules that are set out in one central document or code are a characteristic of which type of legal system?

civil law

In non-criminal disputes, the individual, corporation, or other entity who starts the lawsuit is called the:

Plaintiff

Which of the following is an area of domestic law?

Military law

The defining feature of the common law legal system is that judges follow:

precedent

The seeds of the rule of law were planted when King John of England signed this document in the year 1215:

Magna Carta

When Canada's Constitution was "patriated" in 1982

It continued to include unwritten principles, including judicial independence, federalism, and the rule of law

the Charter of Rights and Freedoms

Protects the rights and freedoms it contains, but under certain conditions still allows the government to limit them

In order for limits on Charter rights to be demonstrably justified in a free and democratic society

They must be pursuing a sufficiently important social objective
b) The measures that limit the Charter rights in issue must be rationally connected to advancing an important social objective
c) The law should not limit Charter rights more than reasonably necessary and must also generate benefits that outweigh the negative effects from limiting Charter rights

Which of the following is an example of overlapping federal and provincial laws that are valid through double aspect doctrine?

Laws regulating assisted human reproduction

The 1969 White Paper

Suggested converting Reserve lands to private property

The Oakes case

Established a two-part framework for government to justify limiting Charter Rights and Freedoms under s. 1

Which of the following is NOT one of the fundamental freedoms protected in s. 2 of the Charter?
a) Freedom of conscience and religion
b) Freedom of expression
c) The freedom of association
d) The freedom to enjoy property

The freedom to enjoy property

true or false? federal system for Canada allows the federal government to override provincial laws the national government didn't like

false

The Constitution includes law that performs which of the following functions?
a) Gives the federal government power over a national court system
b) Imposes common standards for laws in each province
c) Creates institutions that exercise legislative powers to make new law
d) Protects specific rights and freedoms for individuals from any government limits

Creates institutions that exercise legislative powers to make new law

The federal government's power over the "regulation of trade and commerce" under s. 91(2)

Includes the power to regulate international and interprovincial trade

In the Rothmans case, the Supreme Court found that the Saskatchewan legislation preventing tobacco advertising anywhere that youth under 18 might see it

Advanced a similar purpose as the federal tobacco advertising law and did not cause a conflict

Which of the following is NOT true of s. 35 Aboriginal title?
a) Once it is established the government can't carry out any activities on the land without the consent of the Aboriginal titleholding group
b) It requires proof of exclusive occupation by Aboriginal peoples to the assertion of the sovereignty by the Crown
c) It is difficult and complex to prove, so it has only rarely been established through litigation
d) It has an "internal limit" that prevents Aboriginal peoples from using the land in a way that would harm their ongoing relationship with their traditional lands

Once it is established the government can't carry out any activities on the land without the consent of the Aboriginal titleholding group

constitution is different from other laws because

it is supreme

determining if a law has been validly enacted requires a court to

determinne the pith and substance

Paramountcy

Eliminates conflicts between federal and provincial law by making the provincial law inoperative. federal law will always prevail over the provincial one

The Calder decision

Provided important recognition of Aboriginal Title as a legal interest indigenous people held in their traditional lands.

The least serious offences in the Criminal Code are called:

Summary offence

A summary conviction offence

Usually carries a penalty of a fine up to $5000 and/or six months imprisonment

Quasi-criminal offences regulating matters like highway traffic, pollution and workplace safety can be created

By either the federal Parliament, a provincial legislature, or a municipality

If the Crown proves that the accused committed the prohibited act of murder beyond a reasonable doubt, should conviction follow?

Not necessarily. The question now is whether the fault element has been proven beyond a reasonable doubt

The doctrine of recent complaint refers to

The idea that a real rape victim will file a complaint immediately after a rape has occurred

standard proof in a criminal case

Beyond a reasonable doubt

primary role of the crown lawyer

prosecute the accused

Consent to sexual activity

must be expressed through words and conduct

Which of the following is NOT an objective of sentencing under the Criminal Code
a) Rehabilitating the offender
b) Denouncing unlawful conduct
c) Stigmatizing criminal offenders
d) Separating offenders from society

c) Stigmatizing criminal offenders

The Bedford decision is best summarized as follows
a) A case that confirms the economic liberties of all Canadians
b) A case that rejects the power of Parliament to make criminal offences based on morality
c) A case that says criminal laws aim to limit public nuisance at the expense of the safety of sex workers
d) All of the above

all of the above

who decides to prosecute a hybrid offence

crown prosecutor

When sentencing an Aboriginal person, the judge should
a) Consider all available sanctions other than imprisonment
b) Impose a reduced sentence
c) Require defence counsel to lead evidence about the history of systemic discrimination against Aboriginal people
d) All of the above

a) Consider all available sanctions other than imprisonment

murder is an ___ offence

indictable

A new criminal offence can be created
a) Only by the federal Parliament
b) By either the federal Parliament or a provincial legislature
c) Only by a provincial legislature
d) By operation of the Charter

Only by the federal Parliament

which of the following is NOT a defence to a criminal charge in Canada
a) Self-defence
b) Duress
c) Diminished capacity
d) Provocation

diminished capacity

The two sub-elements of the standard of care step in negligence case are:

What was the standard and was the standard breached?

close family members of accident victims are entitled to sue for their own derivative claims for ALL BUT ONE of the following
a) Loss of household services
b) Loss of expectation of life
c) Loss of care, guidance and companionship
d) Loss of family income potential

Loss of expectation of life

the legal test for remoteness asks:

Was it reasonably foreseeable that the defendant's breach of the standard of care caused the plaintiff some harm?

Why did the court in the McDonald's hot coffee case find McDonald's responsible for Ms. Liebeck's injuries?

Because the restaurant breached the standard of a reasonable restaurant in serving unreasonably hot coffee

A tort is:

A civil wrong between individuals for which the victim can get some legal remedy in the private law system

The purposes of tort law in society are to:

Compensate for injury or property damage and deter socially unwanted behaviour

The three factors that courts use to determine whether or not the standard of care was breached in a negligence case are:

Probability of the loss, gravity of the loss, and the burden of accident prevention

A physician incorrectly prescribed the wrong medicine for her patient. Choose the statement that best describes the standard of care applicable to her

That of a reasonable physician

A _________ refers to a purchase contract made over the internet, including but not restricted to software purchases.

click wrap agreement

The principle that individuals should have the power to obligate themselves to one another by way of freely-made bargains

principle that forms the basis of contract law

Offers can be ________ at any time prior to acceptance
a) Exchanged
b) Negotiated
c) Formalized
d) Revoked

D) revoked

Suppose that Smith tells the director of her local YMCA: "I want to donate $10,000 to your fabulous organization. I will have it to you by next Friday." The director responds by shaking Smith's hand, thanking her, and adding: "We will put a plaque on the wall to recognize your generosity."
A) Smith is not legally bound because the YMCA supplied no consideration
B) Smith is not legally bound to donate because she made no agreement with the YMCA
C) Smith is legally bound to donate because she likes the idea of the plaque
D) Smith is not legally bound to donate because her promise was not in writing

A) Smith is not legally bound because the YMCA supplied no consideration

Rescission

A remedy for contract disputes whereby the contract is cancelled and the parties are returned to the positions they were in just before the contract was entered into is known as:

In a unilateral contract

promise in exchange for an act

Which of the following is a type of contract damages?
a) Nominal damages
b) Aggravated damages
c) Restitution damages
d) Non-pecuniary damages

Restitution damages

A promise that has been "signed, sealed, and delivered" is known as a(n):

deed

Foreclosure proceedings arise when:

A mortgagee (the lender) brings an action against a defaulting mortgagor (borrower).

Which of the following is an example of an easement?

when you have the right to cross land owned by someone else

A trustee of land is:

The legal owner of the land but required to hold the land for the use and enjoyment of the equitable owner of the land.

Personal property does not include:
a) Land
b) Shares in a corporation
c) Movable objects
d) Cars

A) Land

Which of the following is an example of bailment?

when you borrow a book from the library

Which of the following is an example of a covenant?

When you have the right to restraint your neighbor from constructing a building that will block your view.

Which of the following are not freehold interests in land?

leasehold estate

What is the main feature of a tenancy in common?

There is no right of survivorship - each co-owner can leave their interest in a will or transfer their interest to others inter vivos.

Indigenous lands are ________, except to the Crown. In order for third parties to acquire Indigenous lands, the lands must first be surrendered to the Crown and then transferred to the third parties.

inalienable

Tangible, movable objects - such as furniture, equipment, and cars - are sometimes referred to as:

chattels

Which of the following is an example of a licence?

when you stay overnight in a hotel

The part of the real estate transaction that begins after the contract is entered into and that involves the actual transfer of title is called a:

conveyance

In 1870, British Columbia became the first jurisdiction in North America to adopt the _________ system.

torrens

Properties next to lakes or rivers may have something called:

riparian rights

Leasehold interests imply an obligation to pay:

rent

What is the main feature of a joint tenancy?

the right of survivorship

When a majority shareholder is unhappy with a decision made by the corporations's directors, what actions could she take?
a) She can try to sell her shares
b) She can launch a derivative action against the directors if they violated their legal duties
c) She can launch an oppression action against the corporation if, as a result of the decision, she as a minority shareholder was treated unfairly
d) All of these answers are correct

All of these answers are correct

The decision of the Supreme Court of Canada in the 2008 BCE case confirmed that the pre-eminent duty of directors in a public corporation is to the shareholders of that corporation.
a) True
b) False

False

What is the most significant statutory source of the regulation of advertising in Canada?

federal competition act

The fact that one could incorporate under provincial laws like the OCBA OR the federal law (the CBCA) is an example of what?

constitutional currency

which of the following business owners or managers owe a broad fiduciary duty in the context of their business?

partners and corporate directors

what is the reason for having consumer protection legislation to augment common law rights?

Because the common law did not traditionally afford consumers any special status as contracting parties

Which of the following is a right enjoyed by every shareholder of a corporation?

The right to receive a share of the assets of the corporation on dissolution of the corporation should there be any remaining

a disadvantage of operating in a corporation structure is:

Corporations require more administrative care than unincorporated entities especially relative to government filings (like tax returns)

ancillary documents are best described as:

Written materials that are physically separate from an employment contract but that include rules that relate to the employment relationship. Examples include employee handbooks, benefits handbooks, and human resource policy manuals

A non-competition clause is best described as a clause that:

Prohibits a former employee from entering into a competitive business with the employer.l