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 bmresponse bmto bmthe bmgrowing bmnumber bmof bmtraffic bmdeaths bmresulting bmfrom bmalcohol-related bmaccidents,
bmmany bmprovinces bmamended bmexisting bmlaws bmto bmpermit bmtheir bmpolice bmforces bmto bmconduct bmarbitrary
bmroadside bmchecks bmto bmtry bmto bmdiscourage bmdrunk bmdriving. bmWhen bmthis bmpractice bmwas bmchallenged bmin
bmthe bmcourts bmas bman bminfringement bmof bms. bm9 bmof bmthe bmCharter,
Acounsel bmfor bmthe bmCrown bmwould bmsuccessfully bmargue bmthat bmthe bmpractice bmcould bmbe bmcontinued
bmindefinitely
. bmbecause bmof bms. bm33 bmof bmthe bmConstitution, bmwhich bmallows bmthe bmprovinces bmto bmexempt bmthe bmlegislation
bmfrom bmthe bmapplication bmof bmthe bmCharter.
B. bmcounsel bmfor bmthe bmCrown bmwould bmargue bmthat bmthe bmroadside bmchecks bmare bmpermissible bmon bmthe bmbasis
bmof bms. bm1 bmof bmthe bmCharter.
Cthe bmchallenging bmparty, bma bmmotorist bmwho bmhad bmbeen bmstopped bmand bmfound bmto bmhave bmexcessive bmblood
bmalcohol
. b m levels, bmwould bmsuccessfully bmargue bmthat bmthe bmlegislation bmviolates bmhis bms. bm6 bmmobility bmrights.
D. b m the bmCrown bmwould bmargue bms. bm33 bmand bms. bm1.
E. b m All bmof bmthe bmanswers bmare bmcorrect.
11. The bmgovernment bmof bmSaskatchewan bmpassed bma bmstatute bmthat bmallocates bmwater bmon bmthe bmNorth
bmSaskatchewan bmRiver. bmThe bmfunction bmof bmthis bmlegislation bmis bmto
A. settle bmdisputes.
B. establish bmrules bmof bmconduct.
C. provide bmprotection bmfor bmindividuals.
D. settle bmdisputes bmand bmestablish bmrules bmof bmconduct.
E. All bmof bmthe bmanswers bmare bmcorrect.
12. Nova bmScotia bmhas bmrules bmof bmcourt bmthat bmstate bma bmparty bmwho bmcommences bma bmlawsuit bmmust bmprovide
bmthe bmother bmparty's bmto bmthe bmlawsuit bmwith bma bmcopy bmof bmthe bmdocument bmsetting bmout bmtheir bmclaim. bmThe
bmfunction bmof bmthe bmrules bmof bmcourt bmis
to
A. settle bmdisputes.
B. establish bmrules bmof bmconduct.
C. provide bmprotection bmfor bmindividuals.
D. settle bmdisputes bmand bmestablish bmrules bmof bmconduct.
E. All bmof bmthe bmanswers bmare bmcorrect.
13. Which bmCanadian bmprovinces bmutilize bmthe bmCommon bmLaw bmsystem?
A. British bmColumbia, bmAlberta, bmSaskatchewan bmand bmManitoba
B. Newfoundland, bmNew bmBrunswick, bmPrince bmEdward bmIsland, bmNova bmScotia bmand bmQuebec
C. Ontario, bmQuebec, bmNova bmScotia bmand bmManitoba
D. New bmBrunswick, bmQuebec bmand bmManitoba
E. All bmCanadian bmprovinces
14. The bmAlberta bmCourt bmof bmAppeal bmwrote bma bmjudicial bmdecision bmdefining bma bmVespa bmgas-powered
bmscooter bmas bma bmmotor bmvehicle bmpursuant bmto bmthe bmHighway bmTraffic bmAct. bmAccording bmto bmthe
bmprinciple bmof bmstare bmdecisis, bmwhich bmof bmthe bmfollowing bmcourts bmwould bmhave bmto bmapply bmthis
bmdecision bmin bmdetermining bmwhether bmVespa bmscooters bmrequired bma bmlicence bmplate?
A. Supreme bmCourt bmof bmCanada
B. Ontario bmCourt bmof bmAppeal
C. Ontario bmSupreme bmCourt
D. Alberta bmProvincial bmCourt
E. All bmCanadian bmprovincial bmcourts
15. Under bmthe bmCanadian bmConstitution bmthe bmfederal bmgovernment bmhas bmexclusive bmjurisdiction bmover
bmwhich bmtypes bmof bmlaws:
A. Trade bmand bmcommerce, bmcriminal bmlaw bmand bmbankruptcy bmand bminsolvency bmlaw.
B. Trade bmand bmcommerce, bmcriminal bmlaw bmand bmincorporation bmof bmcompanies.
C. Trade bmand bmcommerce, bmthe bmsolemnization bmof bmmarriage bmand bmlocal bmworks bmand bmundertakings.
D. Criminal bmlaw, bmincorporation bmof bmcompanies, bmsolemnization bmof bmmarriage.
E. Trade bmand bmcommerce, bmincorporation bmof bmcompanies bmand bmbills bmof bmexchange.
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 bmresponse bmto bmthe bmgrowing bmnumber bmof bmtraffic bmdeaths bmresulting bmfrom bmalcohol-related bmaccidents,
bmmany bmprovinces bmamended bmexisting bmlaws bmto bmpermit bmtheir bmpolice bmforces bmto bmconduct bmarbitrary
bmroadside bmchecks bmto bmtry bmto bmdiscourage bmdrunk bmdriving. bmWhen bmthis bmpractice bmwas bmchallenged bmin
bmthe bmcourts bmas bman bminfringement bmof bms. bm9 bmof bmthe bmCharter,
Acounsel bmfor bmthe bmCrown bmwould bmsuccessfully bmargue bmthat bmthe bmpractice bmcould bmbe bmcontinued
bmindefinitely
. bmbecause bmof bms. bm33 bmof bmthe bmConstitution, bmwhich bmallows bmthe bmprovinces bmto bmexempt bmthe bmlegislation
bmfrom bmthe bmapplication bmof bmthe bmCharter.
B. bmcounsel bmfor bmthe bmCrown bmwould bmargue bmthat bmthe bmroadside bmchecks bmare bmpermissible bmon bmthe bmbasis
bmof bms. bm1 bmof bmthe bmCharter.
Cthe bmchallenging bmparty, bma bmmotorist bmwho bmhad bmbeen bmstopped bmand bmfound bmto bmhave bmexcessive bmblood
bmalcohol
. b m levels, bmwould bmsuccessfully bmargue bmthat bmthe bmlegislation bmviolates bmhis bms. bm6 bmmobility bmrights.
D. b m the bmCrown bmwould bmargue bms. bm33 bmand bms. bm1.
E. b m All bmof bmthe bmanswers bmare bmcorrect.
11. The bmgovernment bmof bmSaskatchewan bmpassed bma bmstatute bmthat bmallocates bmwater bmon bmthe bmNorth
bmSaskatchewan bmRiver. bmThe bmfunction bmof bmthis bmlegislation bmis bmto
A. settle bmdisputes.
B. establish bmrules bmof bmconduct.
C. provide bmprotection bmfor bmindividuals.
D. settle bmdisputes bmand bmestablish bmrules bmof bmconduct.
E. All bmof bmthe bmanswers bmare bmcorrect.
12. Nova bmScotia bmhas bmrules bmof bmcourt bmthat bmstate bma bmparty bmwho bmcommences bma bmlawsuit bmmust bmprovide
bmthe bmother bmparty's bmto bmthe bmlawsuit bmwith bma bmcopy bmof bmthe bmdocument bmsetting bmout bmtheir bmclaim. bmThe
bmfunction bmof bmthe bmrules bmof bmcourt bmis
to
A. settle bmdisputes.
B. establish bmrules bmof bmconduct.
C. provide bmprotection bmfor bmindividuals.
D. settle bmdisputes bmand bmestablish bmrules bmof bmconduct.
E. All bmof bmthe bmanswers bmare bmcorrect.
13. Which bmCanadian bmprovinces bmutilize bmthe bmCommon bmLaw bmsystem?
A. British bmColumbia, bmAlberta, bmSaskatchewan bmand bmManitoba
B. Newfoundland, bmNew bmBrunswick, bmPrince bmEdward bmIsland, bmNova bmScotia bmand bmQuebec
C. Ontario, bmQuebec, bmNova bmScotia bmand bmManitoba
D. New bmBrunswick, bmQuebec bmand bmManitoba
E. All bmCanadian bmprovinces
14. The bmAlberta bmCourt bmof bmAppeal bmwrote bma bmjudicial bmdecision bmdefining bma bmVespa bmgas-powered
bmscooter bmas bma bmmotor bmvehicle bmpursuant bmto bmthe bmHighway bmTraffic bmAct. bmAccording bmto bmthe
bmprinciple bmof bmstare bmdecisis, bmwhich bmof bmthe bmfollowing bmcourts bmwould bmhave bmto bmapply bmthis
bmdecision bmin bmdetermining bmwhether bmVespa bmscooters bmrequired bma bmlicence bmplate?
A. Supreme bmCourt bmof bmCanada
B. Ontario bmCourt bmof bmAppeal
C. Ontario bmSupreme bmCourt
D. Alberta bmProvincial bmCourt
E. All bmCanadian bmprovincial bmcourts
15. Under bmthe bmCanadian bmConstitution bmthe bmfederal bmgovernment bmhas bmexclusive bmjurisdiction bmover
bmwhich bmtypes bmof bmlaws:
A. Trade bmand bmcommerce, bmcriminal bmlaw bmand bmbankruptcy bmand bminsolvency bmlaw.
B. Trade bmand bmcommerce, bmcriminal bmlaw bmand bmincorporation bmof bmcompanies.
C. Trade bmand bmcommerce, bmthe bmsolemnization bmof bmmarriage bmand bmlocal bmworks bmand bmundertakings.
D. Criminal bmlaw, bmincorporation bmof bmcompanies, bmsolemnization bmof bmmarriage.
E. Trade bmand bmcommerce, bmincorporation bmof bmcompanies bmand bmbills bmof bmexchange.
