Test Item File- Practice Test Bank - Legal Fundamentals for Canadian Business,Yates,4e

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CH. 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.
Ans: C
Diff: 1 Type: MC Page#: 2
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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."
Ans: B
Diff: 2 Type: MC Page#: 3, 18, 23
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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.
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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.
Ans: D
Diff: 2 Type: MC Page#: 3, 24
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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.
Ans: B
Diff: 2 Type: MC Page#: 4
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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.
Ans: E
Diff: 2 Type: MC Page#: 4, 5
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6. Which of the_ following is false with respect to our court system? (Note: B.C. is used as an example here..
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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.
Ans: E
Diff: 2 Type: MC Page#: 4, 5
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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.
Ans: D
Diff: 1 Type: MC Page#: 5
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8. Which of the_ following statements is correct with respect to the_ sources of our law?
A. The_ Courts of Chancery developed the_ law of contracts.
B. Equity is a system of law developed by the_ provincial legislatures.
C. The_ term stare decisis refers to the_ practice of following precedent, which forms the_ basis of our
common law system.
D. The_ only province in which a judge is required to follow a comprehensive civil code is Ontario.
E. The_ common law derived aspects of the_ law of families and estates from the_ French Civil Code.
Ans: C
Diff: 1 Type: MC Page#: 5
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9. Which of the_ following is correct with respect to stare decisis in the_ common law?
A. Statutes play the_ same role as the_ code used in the_ French system.
B. It prevents a higher court from overruling a lower one.
C. It is based on trial by battle and trial by ordeal.
D. This term refers to the_ role played by the_ law of equity in our system.
E. It allows decisions of the_ courts to be set by precedent.
Ans: E
Diff: 2 Type: MC Page#: 5
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10. Which of the_ following was not one of the_ factors that led to the_ creation of the_ law of equity?
A. the_ need for a supplement to the_ common law
B. the_ adherence to precedent
C. the_ unpredictable outcome in the_ common law courts
D. stare decisis
E. rigidity in the_ common law courts
Ans: C
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