Question 1

Which of the following is an example of substantive law?

Accepted Answer

A)  The rule that a tort action must be commenced within 2 years of the action complained of 
B)  The rule that establishes the type of document by which an action is commenced 
C)  The rule that hearsay evidence is not permitted in a trial 
D)  The rule that a victim of fraud can sue 
E)  A rule that any action under $50,000 may be brought in the small claims court

Question 2

Which of the following is true regarding human rights legislation?

Accepted Answer

A)  The mandate of human rights commissions is to encourage the government to follow principles of equality. 
B)  Material on the Internet is exempt from the application of human rights legislation. 
C)  Human rights commissions cannot deal with complaints arising from business interactions. 
D)  Canada's first-ever human rights complaint concerning an Internet hate site involved Ernst Zundel. 
E)  Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.

Question 3

Where protection against discrimination on the basis of sexual orientation has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is correct with respect to the definition of law?

Accepted Answer

A)  Law defined in moral terms is a reflection of legal positivism. 
B)  Law defined in terms of authority is a reflection of legal realism. 
C)  Law defined in practical terms as to what the court will do is a reflection of legal positivism. 
D)  Law defined in terms of morality is a reflection of natural law theory. 
E)  Law defined in terms of authority is a reflection of natural law theory.

Question 5

Discuss why it is important for businesspeople to become familiar with the human rights legislation in force in your province.

Accepted Answer

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Question 6

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

Accepted Answer

A)  held that religious discrimination is acceptable in the workplace. 
B)  found that the employer was required to take reasonable steps to accommodate the religious practices of an employee. 
C)  concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer. 
D)  decided that only certain religions are worthy of protection under human rights legislation. 
E)  determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred.

Question 7

Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

Accepted Answer

A)  statutes 
B)  human rights tribunals 
C)  constitutional tribunals 
D)  legislation 
E)  language rights tribunals

Question 8

In a CBC interview, a noted environmentalist said that if he were forced to choose between the lives of the last breeding pair of whales and those of a boatload of men who were out to kill them, he would sacrifice the men to save the whales. He cited the war-crimes trials after World War II for the principle that immoral laws should be resisted to protect "the higher good." This position exemplifies which of the following?

Accepted Answer

A)  Legal realism 
B)  Legal positivism 
C)  The law of the sea 
D)  Natural law 
E)  The law of equity

Question 9

What role does the decision made by an Ontario Court of Appeal judge have on a B.C. Supreme Court judge?

Accepted Answer

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Question 10

Which of the following is not a legal right under the Charter?

Accepted Answer

A)  Everyone has the right not to be deprived of life, liberty, and security. 
B)  Everyone has the right not to be arrested or detained without being told why. 
C)  Everyone has the right to be presumed innocent until proven guilty. 
D)  Everyone has the right, if acquitted of an offence, not be tried for it again. 
E)  Everyone has the right not to be subjected to any cruel and unusual punishment.

Question 11

Compare and contrast provincial and federal passage of bills.

Accepted Answer

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Question 12

What is meant by the Revised Statutes of Canada?

Accepted Answer

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Question 13

Which of the following is true with regard to Canada's Constitution?

Accepted Answer

A)  The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal parliament. 
B)  The Charter of Rights and Freedoms is a part of the BNA Act, 1867. 
C)  The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone. 
D)  The Constitution Act, 1982 requires British Parliament to amend it. 
E)  Our Constitution consists of only the Charter of Rights and Freedoms.

Question 14

"The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement.

Accepted Answer

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Question 15

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?

Accepted Answer

A)  The passage of the Charter has increased the power of both parliament and the provincial legislatures. 
B)  The passage of the Charter has shifted power from the federal government to the provincial governments. 
C)  The Charter has shifted power from the provinces to the federal government. 
D)  The passage of the Charter has increased the power of the courts. 
E)  The passage of the Charter has shifted power from the courts to the parliament.

Question 16

Which of the following statements is correct with respect to human rights laws in Canada?

Accepted Answer

A)  Protection against discrimination on the basis of sexual orientation is recent and not yet written in some human rights statutes. 
B)  All employers have an obligation to accommodate all of the religious practices and disabilities of their employees. 
C)  Federal and provincial human rights commissions are courts, and the commissioners are superior court judges with the rights and powers associated with that office. 
D)  From a business point of view, the Charter is much more important than the provincial human rights legislation. 
E)  Human rights in the federal area are protected by the federal human rights commission, which enforces the Canadian Bill of Rights.

Question 17

Why did we need the Charter of Rights and Freedoms?

Accepted Answer

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Question 18

Regarding the Charter of Rights and Freedoms, which of the following statements is true?

Accepted Answer

A)  Neither the federal nor the provincial governments can change the provisions of the Charter without going through the constitution amending process. 
B)  Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians. 
C)  Any action by a government official violating the provisions of the Charter is not actionable under the Charter. 
D)  The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada. 
E)  The Charter protects fundamental freedoms that apply only to relations between private citizens.

Question 19

Explain why statutes override the common law.

Accepted Answer

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Question 20

Explain the limitations on the application of the Charter of Rights and Freedoms.

Accepted Answer

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Exam 2: Introduction to the Legal System