Legal Fundamentals for Canadian Business, 4e (Yates)
Chapter 1 The Canadian Legal System
1) Which of the following is the most usable definition of law?
A) It is most useful to us to define law in terms of what we think people ought to do.
B) We must define law in terms of what people used to do.
C) We must define law in terms of what the courts or other agents of government will
enforce.
D) We must define law in terms of what society needs people to do.
E) It is most useful to us to define law in terms of what people do.
Answer: C
Diff: 1 Type: MC Page Ref: 2
Skill: Recall
2) Which of the following statements with regard to the characteristics of civil and
criminal actions is true?
A) The person who begins a civil action is usually called the prosecutor.
B) A civil action is a private action; that is, a person or persons sue another or others
usually for the purpose of being compensated for injury or loss suffered.
C) If a person is convicted of a criminal offence, he or she cannot also be sued in a civil
action by the victim.
D) In a criminal case, an individual person is taking the action against the accused.
E) The prosecutor must prove his or her case based "upon a balance of probabilities."
Answer: B
Diff: 2 Type: MC Page Ref: 3, 18, 23
Skill: Recall
,3) Which of the following is incorrect regarding roles played in legal cases?
A) In a civil action, the person suing is the plaintiff.
B) In a civil action, the person being sued is the defendant.
C) In an appeal, the person filing the appeal is the appellant.
D) In a civil case, the appellant is the same as the defendant, but he or she is now in the
appeals process.
E) In a criminal case, the victim is likely to have the status of a witness.
Answer: D
Diff: 2 Type: MC Page Ref: 3, 24
Skill: Recall
4) Which of the following is correct with respect to the civil law system?
A) Quebec and New Brunswick use a system based on the French Civil Code.
B) The Civil Code as used in Quebec covers private disputes between individuals.
C) The Code is persuasive only and the judges are free to disregard it where the situation
warrants.
D) The system used in Quebec is based on Justinian's code rather than the Napoleonic
Code.
E) The Civil Code governs all legal matters arising in Quebec, including criminal actions.
Answer: B
Diff: 2 Type: MC Page Ref: 4
Skill: Recall
5) At a recent computer show, you heard a student trying to explain our legal system to a
man who recently immigrated from Russia. Which one of the following statements that
he made is correct?
A) Today, we are governed only by statutes passed by our elected representatives.
B) All of the provinces follow law that stemmed from the English common law.
,C) With the creation of our court system, the equitable tradition was lost. Today, a judge
of our superior court does not apply principles or remedies developed by the courts of
equity.
D) Judge-made law in England came from two traditions, civil law and parliamentary
supremacy.
E) The chief characteristic of the common law is the theory of precedent; that is, judges
are bound by decisions of judges on superior courts in that jurisdiction on the same point
of law.
Answer: E
Diff: 2 Type: MC Page Ref: 4, 5
Skill: Recall
6) Which of the following is false with respect to our court system? (Note: B.C. is used as
an example here.)
A) The consequence of the merger of the common law courts with the courts of equity is
that the courts now apply both legal and equitable principles and remedies.
B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the
judge is not bound to follow it.
C) There is no monetary limitation on the B.C. Supreme Court (i.e., the case may involve
any amount of money).
D) A negligence action, where the extent of damage is $1500, would most likely begin in
the B.C. Provincial Court, small claims division.
E) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the
B.C. Supreme Court on an identical case.
Answer: E
Diff: 2 Type: MC Page Ref: 4, 5
Skill: Recall
7) The custom of following already decided cases is called:
, A) substantive law.
B) procedural law.
C) res judicata.
D) stare decisis.
E) civil law system.
Answer: D
Diff: 1 Type: MC Page Ref: 5
Skill: Recall
Chapter 1 The Canadian Legal System
1) Which of the following is the most usable definition of law?
A) It is most useful to us to define law in terms of what we think people ought to do.
B) We must define law in terms of what people used to do.
C) We must define law in terms of what the courts or other agents of government will
enforce.
D) We must define law in terms of what society needs people to do.
E) It is most useful to us to define law in terms of what people do.
Answer: C
Diff: 1 Type: MC Page Ref: 2
Skill: Recall
2) Which of the following statements with regard to the characteristics of civil and
criminal actions is true?
A) The person who begins a civil action is usually called the prosecutor.
B) A civil action is a private action; that is, a person or persons sue another or others
usually for the purpose of being compensated for injury or loss suffered.
C) If a person is convicted of a criminal offence, he or she cannot also be sued in a civil
action by the victim.
D) In a criminal case, an individual person is taking the action against the accused.
E) The prosecutor must prove his or her case based "upon a balance of probabilities."
Answer: B
Diff: 2 Type: MC Page Ref: 3, 18, 23
Skill: Recall
,3) Which of the following is incorrect regarding roles played in legal cases?
A) In a civil action, the person suing is the plaintiff.
B) In a civil action, the person being sued is the defendant.
C) In an appeal, the person filing the appeal is the appellant.
D) In a civil case, the appellant is the same as the defendant, but he or she is now in the
appeals process.
E) In a criminal case, the victim is likely to have the status of a witness.
Answer: D
Diff: 2 Type: MC Page Ref: 3, 24
Skill: Recall
4) Which of the following is correct with respect to the civil law system?
A) Quebec and New Brunswick use a system based on the French Civil Code.
B) The Civil Code as used in Quebec covers private disputes between individuals.
C) The Code is persuasive only and the judges are free to disregard it where the situation
warrants.
D) The system used in Quebec is based on Justinian's code rather than the Napoleonic
Code.
E) The Civil Code governs all legal matters arising in Quebec, including criminal actions.
Answer: B
Diff: 2 Type: MC Page Ref: 4
Skill: Recall
5) At a recent computer show, you heard a student trying to explain our legal system to a
man who recently immigrated from Russia. Which one of the following statements that
he made is correct?
A) Today, we are governed only by statutes passed by our elected representatives.
B) All of the provinces follow law that stemmed from the English common law.
,C) With the creation of our court system, the equitable tradition was lost. Today, a judge
of our superior court does not apply principles or remedies developed by the courts of
equity.
D) Judge-made law in England came from two traditions, civil law and parliamentary
supremacy.
E) The chief characteristic of the common law is the theory of precedent; that is, judges
are bound by decisions of judges on superior courts in that jurisdiction on the same point
of law.
Answer: E
Diff: 2 Type: MC Page Ref: 4, 5
Skill: Recall
6) Which of the following is false with respect to our court system? (Note: B.C. is used as
an example here.)
A) The consequence of the merger of the common law courts with the courts of equity is
that the courts now apply both legal and equitable principles and remedies.
B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the
judge is not bound to follow it.
C) There is no monetary limitation on the B.C. Supreme Court (i.e., the case may involve
any amount of money).
D) A negligence action, where the extent of damage is $1500, would most likely begin in
the B.C. Provincial Court, small claims division.
E) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the
B.C. Supreme Court on an identical case.
Answer: E
Diff: 2 Type: MC Page Ref: 4, 5
Skill: Recall
7) The custom of following already decided cases is called:
, A) substantive law.
B) procedural law.
C) res judicata.
D) stare decisis.
E) civil law system.
Answer: D
Diff: 1 Type: MC Page Ref: 5
Skill: Recall
