Ch01
Student:
1. Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created
a computer virus that would erase key accounting data if Maxine's name was removed from the payroll.
This is a crime under the Criminal Code. If Maxine is caught, she will be
A. prosecuted by the Crown because the Code is public law.
B. sued by the Crown because the Code is private law.
C. sued by her employer under the Criminal Code because it is a civil law matter.
D. sued by her employer under the Criminal Code because it is a private law matter.
E. prosecuted by the Crown for breach of the Civil Code.
2. The federal government placed new legislation before Parliament regarding the regulation of
telecommunication companies. Which of the following statements is not true?
A. This proposed legislation is called a "bill."
B. This legislation must be brought before the House of Commons three times and then it will be law if it
is passed.
C. Once the proposed legislation has been passed by the Parliament of Canada; it must be given royal
, assent and be proclaimed.
D. Once the proposed legislation has been passed by the Parliament of Canada it can be amended by
another statute.
E. All of the answers are correct.
3. The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer
licence for their new restaurant. Which of the following is not true?
A. The board is an administrative tribunal, not a court of law.
B. The decisions of the board become part of the administrative law of the province.
C. Agencies and boards such as this one are part of the expanding government regulation of private
citizens and businesses.
D. The Simpsons will deal with civil servants rather than elected representatives while applying for their
licence.
E The right to make its own rules and procedures is delegated to the board, but these are subject to the
. approval of the provincial legislature.
4. The government of the province has introduced a bill into the legislature to make the recycling of
household garbage mandatory. Once it has passed third reading, the next step is that it must be
A. sent to the relevant committee for clause-by-clause study.
B. given royal assent by the Lieutenant-Governor.
C. debated in principle by the members of the legislature.
D. sent to the Senate for approval.
E. amended and prepared for its final reading.
5. When judges apply the principle of stare decisis in deciding a case before them they are, in effect,
applying the
A. substantive law.
B. doctrine of precedent.
C. principles of equity.
D. rules of public administrative law.
E. doctrine of precedent and substantive law.
,6. The Big Time Construction Company is erecting a large office tower for a major commercial property
developer. In the course of construction, a dispute arises as to the timing of cash advances from the
developer to finance the next stage of construction. The parties had executed a contract between them
which stated that each cash advance from the developer would be provided to the builder after the work
on the previous stage had been completed and inspected by the developer. The builder now says that
the developer is delaying the inspections and that it cannot carry on to the next stage without the cash
advance. The developer says that the builder is deliberately delaying the progress of the construction by
not beginning the next stage while it waits for the inspection required to release the next cash advance.
The developer intends to take legal action against the builder.
A. The developer must use procedural law to sue the builder.
B. The dispute between the parties will be resolved by substantive law.
C. The contract which the parties made will be interpreted by private law.
D. The court will reach a decision in the case using administrative law.
E. All types of law except administrative law will apply.
7. If it were decided to amend the Constitution to make ownership of property a right, it would be necessary
to have the agreement of
i. at least two-thirds of the provinces, which together make up at least half of the population of Canada.
ii. at least half of the provinces, which together make up at least two-thirds of the population of Canada.
iii. more than half of the members of the federal Parliament.
iv. at least two-thirds of the members of the federal Parliament.
v. all ten provinces.
A. i.
B. ii.
C. i and iii.
D. ii and iv.
E. iii and v.
8. The provincial legislature is about to pass a piece of legislation that conflicts with one of the following
rights. It had intended to do so under s. 33(1), the notwithstanding clause, but has just found out that s. 33
is not effective against this right. Which of the following is it?
A. The right to life, liberty and security of the person.
B. Freedom of speech.
C. Freedom of religion.
D. The right to vote.
E. Equality rights.
9. A small Ontario town passes a bylaw which says that shop signs must be only in English. A butcher's
shop which caters to the local German-speaking population is charged with infringing the bylaw and the
proprietor raises s. 2(b) of the Charter in his defence.
A. Since only political speech is protected by the Charter, he will lose.
B. Since the Charter does not apply to non-government bodies like a butcher's shop, he will lose.
C. Since the Charter protects commercial expression because it helps individuals make informed
economic choices, he will win.
DSince the Charter protects commercial expression, regardless of any value it may have, simply because
. we must all be free to say what we choose, he will win.
E. None of the answers are correct.
, 10. In mresponse mto mthe mgrowing mnumber mof mtraffic mdeaths mresulting mfrom malcohol-related maccidents, mmany
mprovinces mamended mexisting mlaws mto mpermit mtheir mpolice mforces mto mconduct marbitrary mroadside mchecks
mto mtry mto mdiscourage mdrunk mdriving. mWhen mthis mpractice mwas mchallenged min mthe mcourts mas man
minfringement mof ms. m9 mof mthe mCharter,
Acounsel mfor mthe mCrown mwould msuccessfully margue mthat mthe mpractice mcould mbe mcontinued mindefinitely
. mbecause mof ms. m33 mof mthe mConstitution, mwhich mallows mthe mprovinces mto mexempt mthe mlegislation mfrom mthe
mapplication mof mthe mCharter.
B. mcounsel mfor mthe mCrown mwould margue mthat mthe mroadside mchecks mare mpermissible mon mthe mbasis mof ms. m1
mof mthe mCharter.
Cthe mchallenging mparty, ma mmotorist mwho mhad mbeen mstopped mand mfound mto mhave mexcessive mblood malcohol
. m levels, mwould msuccessfully margue mthat mthe mlegislation mviolates mhis ms. m6 mmobility mrights.
D. m the mCrown mwould margue ms. m33 mand ms. m1.
E. m All mof mthe manswers mare mcorrect.
11. The mgovernment mof mSaskatchewan mpassed ma mstatute mthat mallocates mwater mon mthe mNorth mSaskatchewan
mRiver. mThe mfunction mof mthis mlegislation mis mto
A. settle mdisputes.
B. establish mrules mof mconduct.
C. provide mprotection mfor mindividuals.
D. settle mdisputes mand mestablish mrules mof mconduct.
E. All mof mthe manswers mare mcorrect.
12. Nova mScotia mhas mrules mof mcourt mthat mstate ma mparty mwho mcommences ma mlawsuit mmust mprovide mthe mother
mparty's mto mthe mlawsuit mwith ma mcopy mof mthe mdocument msetting mout mtheir mclaim. mThe mfunction mof mthe
mrules mof mcourt mis
to
A. settle mdisputes.
B. establish mrules mof mconduct.
C. provide mprotection mfor mindividuals.
D. settle mdisputes mand mestablish mrules mof mconduct.
E. All mof mthe manswers mare mcorrect.
13. Which mCanadian mprovinces mutilize mthe mCommon mLaw msystem?
A. British mColumbia, mAlberta, mSaskatchewan mand mManitoba
B. Newfoundland, mNew mBrunswick, mPrince mEdward mIsland, mNova mScotia mand mQuebec
C. Ontario, mQuebec, mNova mScotia mand mManitoba
D. New mBrunswick, mQuebec mand mManitoba
E. All mCanadian mprovinces
14. The mAlberta mCourt mof mAppeal mwrote ma mjudicial mdecision mdefining ma mVespa mgas-powered mscooter mas ma
mmotor mvehicle mpursuant mto mthe mHighway mTraffic mAct. mAccording mto mthe mprinciple mof mstare mdecisis,
mwhich mof mthe mfollowing mcourts mwould mhave mto mapply mthis mdecision min mdetermining mwhether mVespa
mscooters mrequired ma mlicence mplate?
A. Supreme mCourt mof mCanada
B. Ontario mCourt mof mAppeal
C. Ontario mSupreme mCourt
D. Alberta mProvincial mCourt
E. All mCanadian mprovincial mcourts
15. Under mthe mCanadian mConstitution mthe mfederal mgovernment mhas mexclusive mjurisdiction mover mwhich
mtypes mof mlaws:
A. Trade mand mcommerce, mcriminal mlaw mand mbankruptcy mand minsolvency mlaw.
B. Trade mand mcommerce, mcriminal mlaw mand mincorporation mof mcompanies.
C. Trade mand mcommerce, mthe msolemnization mof mmarriage mand mlocal mworks mand mundertakings.
D. Criminal mlaw, mincorporation mof mcompanies, msolemnization mof mmarriage.
E. Trade mand mcommerce, mincorporation mof mcompanies mand mbills mof mexchange.
Student:
1. Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created
a computer virus that would erase key accounting data if Maxine's name was removed from the payroll.
This is a crime under the Criminal Code. If Maxine is caught, she will be
A. prosecuted by the Crown because the Code is public law.
B. sued by the Crown because the Code is private law.
C. sued by her employer under the Criminal Code because it is a civil law matter.
D. sued by her employer under the Criminal Code because it is a private law matter.
E. prosecuted by the Crown for breach of the Civil Code.
2. The federal government placed new legislation before Parliament regarding the regulation of
telecommunication companies. Which of the following statements is not true?
A. This proposed legislation is called a "bill."
B. This legislation must be brought before the House of Commons three times and then it will be law if it
is passed.
C. Once the proposed legislation has been passed by the Parliament of Canada; it must be given royal
, assent and be proclaimed.
D. Once the proposed legislation has been passed by the Parliament of Canada it can be amended by
another statute.
E. All of the answers are correct.
3. The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer
licence for their new restaurant. Which of the following is not true?
A. The board is an administrative tribunal, not a court of law.
B. The decisions of the board become part of the administrative law of the province.
C. Agencies and boards such as this one are part of the expanding government regulation of private
citizens and businesses.
D. The Simpsons will deal with civil servants rather than elected representatives while applying for their
licence.
E The right to make its own rules and procedures is delegated to the board, but these are subject to the
. approval of the provincial legislature.
4. The government of the province has introduced a bill into the legislature to make the recycling of
household garbage mandatory. Once it has passed third reading, the next step is that it must be
A. sent to the relevant committee for clause-by-clause study.
B. given royal assent by the Lieutenant-Governor.
C. debated in principle by the members of the legislature.
D. sent to the Senate for approval.
E. amended and prepared for its final reading.
5. When judges apply the principle of stare decisis in deciding a case before them they are, in effect,
applying the
A. substantive law.
B. doctrine of precedent.
C. principles of equity.
D. rules of public administrative law.
E. doctrine of precedent and substantive law.
,6. The Big Time Construction Company is erecting a large office tower for a major commercial property
developer. In the course of construction, a dispute arises as to the timing of cash advances from the
developer to finance the next stage of construction. The parties had executed a contract between them
which stated that each cash advance from the developer would be provided to the builder after the work
on the previous stage had been completed and inspected by the developer. The builder now says that
the developer is delaying the inspections and that it cannot carry on to the next stage without the cash
advance. The developer says that the builder is deliberately delaying the progress of the construction by
not beginning the next stage while it waits for the inspection required to release the next cash advance.
The developer intends to take legal action against the builder.
A. The developer must use procedural law to sue the builder.
B. The dispute between the parties will be resolved by substantive law.
C. The contract which the parties made will be interpreted by private law.
D. The court will reach a decision in the case using administrative law.
E. All types of law except administrative law will apply.
7. If it were decided to amend the Constitution to make ownership of property a right, it would be necessary
to have the agreement of
i. at least two-thirds of the provinces, which together make up at least half of the population of Canada.
ii. at least half of the provinces, which together make up at least two-thirds of the population of Canada.
iii. more than half of the members of the federal Parliament.
iv. at least two-thirds of the members of the federal Parliament.
v. all ten provinces.
A. i.
B. ii.
C. i and iii.
D. ii and iv.
E. iii and v.
8. The provincial legislature is about to pass a piece of legislation that conflicts with one of the following
rights. It had intended to do so under s. 33(1), the notwithstanding clause, but has just found out that s. 33
is not effective against this right. Which of the following is it?
A. The right to life, liberty and security of the person.
B. Freedom of speech.
C. Freedom of religion.
D. The right to vote.
E. Equality rights.
9. A small Ontario town passes a bylaw which says that shop signs must be only in English. A butcher's
shop which caters to the local German-speaking population is charged with infringing the bylaw and the
proprietor raises s. 2(b) of the Charter in his defence.
A. Since only political speech is protected by the Charter, he will lose.
B. Since the Charter does not apply to non-government bodies like a butcher's shop, he will lose.
C. Since the Charter protects commercial expression because it helps individuals make informed
economic choices, he will win.
DSince the Charter protects commercial expression, regardless of any value it may have, simply because
. we must all be free to say what we choose, he will win.
E. None of the answers are correct.
, 10. In mresponse mto mthe mgrowing mnumber mof mtraffic mdeaths mresulting mfrom malcohol-related maccidents, mmany
mprovinces mamended mexisting mlaws mto mpermit mtheir mpolice mforces mto mconduct marbitrary mroadside mchecks
mto mtry mto mdiscourage mdrunk mdriving. mWhen mthis mpractice mwas mchallenged min mthe mcourts mas man
minfringement mof ms. m9 mof mthe mCharter,
Acounsel mfor mthe mCrown mwould msuccessfully margue mthat mthe mpractice mcould mbe mcontinued mindefinitely
. mbecause mof ms. m33 mof mthe mConstitution, mwhich mallows mthe mprovinces mto mexempt mthe mlegislation mfrom mthe
mapplication mof mthe mCharter.
B. mcounsel mfor mthe mCrown mwould margue mthat mthe mroadside mchecks mare mpermissible mon mthe mbasis mof ms. m1
mof mthe mCharter.
Cthe mchallenging mparty, ma mmotorist mwho mhad mbeen mstopped mand mfound mto mhave mexcessive mblood malcohol
. m levels, mwould msuccessfully margue mthat mthe mlegislation mviolates mhis ms. m6 mmobility mrights.
D. m the mCrown mwould margue ms. m33 mand ms. m1.
E. m All mof mthe manswers mare mcorrect.
11. The mgovernment mof mSaskatchewan mpassed ma mstatute mthat mallocates mwater mon mthe mNorth mSaskatchewan
mRiver. mThe mfunction mof mthis mlegislation mis mto
A. settle mdisputes.
B. establish mrules mof mconduct.
C. provide mprotection mfor mindividuals.
D. settle mdisputes mand mestablish mrules mof mconduct.
E. All mof mthe manswers mare mcorrect.
12. Nova mScotia mhas mrules mof mcourt mthat mstate ma mparty mwho mcommences ma mlawsuit mmust mprovide mthe mother
mparty's mto mthe mlawsuit mwith ma mcopy mof mthe mdocument msetting mout mtheir mclaim. mThe mfunction mof mthe
mrules mof mcourt mis
to
A. settle mdisputes.
B. establish mrules mof mconduct.
C. provide mprotection mfor mindividuals.
D. settle mdisputes mand mestablish mrules mof mconduct.
E. All mof mthe manswers mare mcorrect.
13. Which mCanadian mprovinces mutilize mthe mCommon mLaw msystem?
A. British mColumbia, mAlberta, mSaskatchewan mand mManitoba
B. Newfoundland, mNew mBrunswick, mPrince mEdward mIsland, mNova mScotia mand mQuebec
C. Ontario, mQuebec, mNova mScotia mand mManitoba
D. New mBrunswick, mQuebec mand mManitoba
E. All mCanadian mprovinces
14. The mAlberta mCourt mof mAppeal mwrote ma mjudicial mdecision mdefining ma mVespa mgas-powered mscooter mas ma
mmotor mvehicle mpursuant mto mthe mHighway mTraffic mAct. mAccording mto mthe mprinciple mof mstare mdecisis,
mwhich mof mthe mfollowing mcourts mwould mhave mto mapply mthis mdecision min mdetermining mwhether mVespa
mscooters mrequired ma mlicence mplate?
A. Supreme mCourt mof mCanada
B. Ontario mCourt mof mAppeal
C. Ontario mSupreme mCourt
D. Alberta mProvincial mCourt
E. All mCanadian mprovincial mcourts
15. Under mthe mCanadian mConstitution mthe mfederal mgovernment mhas mexclusive mjurisdiction mover mwhich
mtypes mof mlaws:
A. Trade mand mcommerce, mcriminal mlaw mand mbankruptcy mand minsolvency mlaw.
B. Trade mand mcommerce, mcriminal mlaw mand mincorporation mof mcompanies.
C. Trade mand mcommerce, mthe msolemnization mof mmarriage mand mlocal mworks mand mundertakings.
D. Criminal mlaw, mincorporation mof mcompanies, msolemnization mof mmarriage.
E. Trade mand mcommerce, mincorporation mof mcompanies mand mbills mof mexchange.
