Business Law in Canada, 11e (Yates)
Chapter 2 Introduction to the Legal System
1) 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?
A) Legal realism
B) Legal positivism
C) The law of the sea
D) Natural law
E) The law of equity
Answer: D
Diff: 2 Type: MC Page Ref: 21
Topic: Ch. 2 - What Is Law?
Skill: Applied
Objective: Chapter 2: 1. Define"law" and identify the types of law that exist in Canada.
Bloom's Taxonomy: Knowledge
2) Which of the following is correct with respect to the definition of law?
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.
Answer: D
Diff: 2 Type: MC Page Ref: 21
Topic: Ch. 2 - What Is Law?
Skill: Applied
Objective: Chapter 2: 1. Define"law" and identify the types of law that exist in Canada.
Bloom's Taxonomy: Knowledge
3) 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) It is most useful to us to define law in terms of what people do.
C) We must define law in terms of what the courts or other government bodies will enforce.
D) We must define law in terms of what society needs people to do.
E) We must define law in terms of what people used to do.
Answer: C
Diff: 1 Type: MC Page Ref: 21
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Define"law" and identify the types of law that exist in Canada.
Bloom's Taxonomy: Knowledge
1
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4) Which of the following is an example of substantive law?
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
Answer: D
Diff: 1 Type: MC Page Ref: 21
Topic: Ch. 2 - Categories of Law
Skill: Applied
Objective: Chapter 2: 1. Define"law" and identify the types of law that exist in Canada.
Bloom's Taxonomy: Knowledge
5) Which of the following is true regarding categories of law?
A) Substantive law establishes the rights an individual has in society.
B) Private law includes constitutional law.
C) Criminal law involves the rules that govern our personal, social, and business relations.
D) Substantive law determines how procedural laws will be enforced.
E) Procedural law establishes the limits on an individual's conduct.
Answer: A
Diff: 1 Type: MC Page Ref: 21
Topic: Ch. 2 - Categories of Law
Skill: Recall
Objective: Chapter 2: 1. Define"law" and identify the types of law that exist in Canada.
Bloom's Taxonomy: Knowledge
6) Which of the following is true regarding the history of the legal system used in England?
A) Strained relations between the English and French kingdoms explain why England adopted
Roman civil law as its system of justice.
B) Historically, kings and nobles worked together to establish a common system of justice.
C) The early Norman kings failed to establish a feudal system, which allowed Roman civil law
to take hold in England.
D) England alternately used common law and civil law legal systems, depending on the strength
of the reigning king.
E) During times when power was decentralized, local nobles would administer justice.
Answer: E
Diff: 3 Type: MC Page Ref: 24
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 2. Distinguish between the civil law and common law legal systems found
in Canada.
Bloom's Taxonomy: Knowledge
2
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7) In terms of the development of the common law legal system, which of the following is true?
A) Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility.
B) Trial by battle involved some psychological test.
C) Trial by ordeal involved armed combat between the litigants or their champions.
D) Travelling courts, established by weak kings, provided a relatively unattractive method of
resolving disputes.
E) The courts of the nobles grew in power, eventually evolving into the modern courts of today.
Answer: A
Diff: 2 Type: MC Page Ref: 24
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 2. Distinguish between the civil law and common law legal systems found
in Canada.
Bloom's Taxonomy: Knowledge
8) The custom of following already decided cases is called
A) stare decisis.
B) a civil law system.
C) a common law.
D) res judicata.
E) ultra vires.
Answer: A
Diff: 1 Type: MC Page Ref: 24
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 2. Distinguish between the civil law and common law legal systems found
in Canada.
Bloom's Taxonomy: Knowledge
9) Which of the following will override a particular province's common-law rule as articulated
by a trial-court judge of the highest trial level court in the province?
A) A contrary subsequent ruling by the Court of Appeal of the province
B) A new provincial statute to the contrary in another province
C) A contrary ruling by a small claims court judge
D) A similar subsequent ruling by a trial-court judge in another province
E) A contrary ruling by an appeal court judge in another province
Answer: A
Diff: 2 Type: MC Page Ref: 24
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 2. Distinguish between the civil law and common law legal systems found
in Canada.
Bloom's Taxonomy: Knowledge
3
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