Question 1

When a court adopts the liberal approach to interpreting a statute

Accepted Answer

A)  it discusses liberal issues to determine the meaning. 
B)  it examines the legislation in its larger context, including its purpose and those it will affect to determine the meaning. 
C)  it refers to dictionaries to determine the meaning. 
D)  it attempts to eliminate all ambiguity. 
E)  it examines the plain meaning of the legislation to determine its meaning. 
A)  it discusses liberal issues to determine the meaning. 
B)  it examines the legislation in its larger context, including its purpose and those it will affect to determine the meaning. 
C)  it refers to dictionaries to determine the meaning. 
D)  it attempts to eliminate all ambiguity. 
E)  it examines the plain meaning of the legislation to determine its meaning. B

Question 2

The literal approach to the interpretation of statutes, requires a consideration of the plain meaning of the provision of a statute.

Accepted Answer

A) True 
 B)False  True

Question 3

Federalism is

Accepted Answer

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

Question 4

According to natural law theorists, the legal principles on which laws of societies are based,

Accepted Answer

A)  are founded on human laws. 
B)  are derived from principles of everyday life. 
C)  are derived from certain fundamental, immutable and moral principles. 
D)  are founded on the rule of law. 
E)  none of the above 
A)  are founded on human laws. 
B)  are derived from principles of everyday life. 
C)  are derived from certain fundamental, immutable and moral principles. 
D)  are founded on the rule of law. 
E)  none of the above

Question 5

A simple definition of law would be misleading because law is so

Accepted Answer

A)  difficult to define. 
B)  diverse and complex. 
C)  bound up with the rule of law. 
D)  none of the above 
E)  all of the above 
A)  difficult to define. 
B)  diverse and complex. 
C)  bound up with the rule of law. 
D)  none of the above 
E)  all of the above

Question 6

The Charter of Rights and Freedoms provides that all are entitled to certain fundamental freedoms. What are these fundamental freedoms? Are there any limits on these freedoms?

Accepted Answer

Section 2 of the Charter of Rights and F

Question 7

None of the rights set out in the Canadian Charter of Rights and Freedoms is absolute. Explain.

Accepted Answer

None of the rights set out in the Canadi

Question 8

Laws are generally accepted and obeyed because

Accepted Answer

A)  laws are just. 
B)  people in society should be able to rely on having a system of rules applied fairly to resolve disputes. 
C)  people in society should be able to rely on having their expectations met. 
D)  disobedience will be punished. 
E)  none of the above 
A)  laws are just. 
B)  people in society should be able to rely on having a system of rules applied fairly to resolve disputes. 
C)  people in society should be able to rely on having their expectations met. 
D)  disobedience will be punished. 
E)  none of the above

Question 9

The Canadian Charter of Rights and Freedom is entrenched in the Constitution. This means that it can be repealed by an ordinary Act of Parliament.

Accepted Answer

A) True 
 B)False

Question 10

The Charter of Rights and Freedoms is not entrenched in the Constitution.

Accepted Answer

A) True 
 B)False

Question 11

The rights prescribed in the Charter of Rights and Freedoms are absolute.

Accepted Answer

A) True 
 B)False

Question 12

If a statute states that it "shall operate notwithstanding" certain rights, this means that permission of parliament is needed to infringe on Charter rights.

Accepted Answer

A) True 
 B)False

Question 13

The courts in Canada, among other things,

Accepted Answer

A)  determine the validity of legislation. 
B)  interpret legislation passed by Parliament. 
C)  resolve disputes between private parties. 
D)  protect civil liberties. 
E)  all of the above 
A)  determine the validity of legislation. 
B)  interpret legislation passed by Parliament. 
C)  resolve disputes between private parties. 
D)  protect civil liberties. 
E)  all of the above

Question 14

Which of the following is True?

Accepted Answer

A)  The Canadian Charter is separate from the Canadian constitution. 
B)  The Canadian Charter is entrenched in the constitution. 
C)  The Canadian Charter can be repealed by an ordinary Act of Parliament or of the Provincial Legislatures. 
D)  The Canadian Charter is part of the Human Rights Act. 
E)  The Canadian Charter also applies to US Citizens. 
A)  The Canadian Charter is separate from the Canadian constitution. 
B)  The Canadian Charter is entrenched in the constitution. 
C)  The Canadian Charter can be repealed by an ordinary Act of Parliament or of the Provincial Legislatures. 
D)  The Canadian Charter is part of the Human Rights Act. 
E)  The Canadian Charter also applies to US Citizens.

Question 15

Section 33 of the Charter allows the Legislature to pass legislation which overrides the fundamental freedoms specified in the Charter only if

Accepted Answer

A)  two- thirds of the provinces having at least 50% of the total population of Canada approve. 
B)  five years have passed since the legislation was first proposed. 
C)  a court determines that the freedoms can be overridden. 
D)  the legislation in question does not violate the Human Rights Act. 
E)  the legislation expressly declares that it "shall operate notwithstanding" a provision included in the Charter. 
A)  two- thirds of the provinces having at least 50% of the total population of Canada approve. 
B)  five years have passed since the legislation was first proposed. 
C)  a court determines that the freedoms can be overridden. 
D)  the legislation in question does not violate the Human Rights Act. 
E)  the legislation expressly declares that it "shall operate notwithstanding" a provision included in the Charter.

Question 16

Whenever a law is determined by a Court to be outside the jurisdiction of the legislature, and beyond its powers, the law or provision is said to be

Accepted Answer

A)  a federal law. 
B)  the result of concurrent powers. 
C)  ultra vires and therefore void. 
D)  the result of residual power. 
E)  excess of jurisdiction and therefore invalid. 
A)  a federal law. 
B)  the result of concurrent powers. 
C)  ultra vires and therefore void. 
D)  the result of residual power. 
E)  excess of jurisdiction and therefore invalid.

Question 17

Which one of the following is not part of the Canadian legal system?

Accepted Answer

A)  court decisions 
B)  business ethics 
C)  constitution 
D)  statutes 
E)  administrative rulings 
A)  court decisions 
B)  business ethics 
C)  constitution 
D)  statutes 
E)  administrative rulings

Question 18

We have and need law because

Accepted Answer

A)  it protects persons and property and prohibits conduct that society believes is harmful. 
B)  it provides a framework within which freedoms can be exercised. 
C)  it enables parties make legally binding agreements that are enforceable in the courts. 
D)  it vests in the government the power to act for the benefit of all in society. 
E)  all of the above 
A)  it protects persons and property and prohibits conduct that society believes is harmful. 
B)  it provides a framework within which freedoms can be exercised. 
C)  it enables parties make legally binding agreements that are enforceable in the courts. 
D)  it vests in the government the power to act for the benefit of all in society. 
E)  all of the above

Question 19

What is the rule of law?

Accepted Answer

Established legal pr

Question 20

Modern legal theorist have refined Austin's theory of law by substituting the idea of the "sovereign" with the notion of a "basic law."

Accepted Answer

A) True 
 B)False

Exam 1: Law and Society

When a court adopts the liberal approach to interpreting a statute

The literal approach to the interpretation of statutes, requires a consideration of the plain meaning of the provision of a statute.

Federalism is

According to natural law theorists, the legal principles on which laws of societies are based,

A simple definition of law would be misleading because law is so

The Charter of Rights and Freedoms provides that all are entitled to certain fundamental freedoms. What are these fundamental freedoms? Are there any limits on these freedoms?

None of the rights set out in the Canadian Charter of Rights and Freedoms is absolute. Explain.

Laws are generally accepted and obeyed because

The Canadian Charter of Rights and Freedom is entrenched in the Constitution. This means that it can be repealed by an ordinary Act of Parliament.

The Charter of Rights and Freedoms is not entrenched in the Constitution.

The rights prescribed in the Charter of Rights and Freedoms are absolute.

If a statute states that it "shall operate notwithstanding" certain rights, this means that permission of parliament is needed to infringe on Charter rights.

The courts in Canada, among other things,

Which of the following is True?

Section 33 of the Charter allows the Legislature to pass legislation which overrides the fundamental freedoms specified in the Charter only if

Whenever a law is determined by a Court to be outside the jurisdiction of the legislature, and beyond its powers, the law or provision is said to be

Which one of the following is not part of the Canadian legal system?

We have and need law because

What is the rule of law?

Modern legal theorist have refined Austin's theory of law by substituting the idea of the "sovereign" with the notion of a "basic law."

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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