Question: MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) Which of the following is true regarding categories of
MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question.
1) 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) Substantive law determines how procedural laws will be enforced.
D) Procedural law establishes the limits on an individual's conduct.
E) Criminal law involves the rules that govern our personal, social, and business arelations.
2) In terms of the development of the common law legal system, which of the following is true?
A) Trial by ordeal involved armed combat between the litigants or their champions.
B) The courts of the nobles grew in power, eventually evolving into the modern courts of today.
C) Trial by battle involved some psychological test.
D) Travelling courts, established by weak kings, provided a relatively unattractive method of resolving disputes.
E) Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility.
3) Which one of the following statements is not accurate with respect to the Canadian legal system?
A) The traditional supremacy of parliament to make law has been limited to some extent by the Charter of Rights and Freedoms.
B) The three major components of present Canadian law are the common law, equity, and statutes.
C) The original Canadian Constitution is now known as the Constitution Act (1867).
D) The principle of stare decisis provides that courts within a province are bound to follow previous decisions on the same legal point from the courts of other provinces.
E) The full normal route of a civil action is from a provincial trial court to a provincial Court of Appeal to the Supreme Court of Canada.
4) Which of the following is correct with respect to the law of Quebec?
A) The Civil Code used in Quebec is a direct copy of the Napoleonic code used in France.
B) The Quebec Civil Code was most recently revised in 1985.
C) The code is binding and prior cases are just persuasive.
D) The code used in Quebec is a variant of Justinian's code rather than the Napoleonic Code.
E) Once judges make decisions based on the code, it is those decisions that are binding on other judges faced with similar problems.
5) Which of the following is true with regard to our legal system?
A) Our constitution can be amended by the federal parliament acting alone.
B) If a case were heard before a provincial trial level court, the judge could apply legal principles and award only cash remedies.
C) Case law overrides the statute law on the same point.
D) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal.
E) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.
6) With regard to the Constitution of Canada, which of the following is false?
A) The Constitution Act, 1867 (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures).
B) Our Constitution provides for a federal system of government (i.e., for two levels of government, federal and provincial).
C) The Constitution Act, 1867 was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended.
D) The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
E) Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms.
7) Which of the following is true regarding delegation between the federal and provincial governments?
A) There is no practical way for governments to overcome the prohibition against delegation.
B) Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business.
C) The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government.
D) The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government.
E) Federal and provincial governments can delegate their powers to inferior bodies, such as their boards and individual civil servants.
8) Which of the following is correct with respect to the Charter of Rights and Freedoms?
A) The parliament or provincial legislature cannot override a section of the Charter.
B) Section 33 (the notwithstanding clause) applies to all protections in the Charter.
C) The federal or provincial legislature cannot override a person's right to free speech.
D) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
E) The effect of the notwithstanding clause is to shift the power back to the judges.
9) Which of the following statements is correct?
A) Goodwill is most likely maintained in litigation.
B) Privacy is maintained in a court adjudication.
C) The parties to a dispute lose control in negotiations.
D) There is a great deal of flexibility in negotiation/mediation.
E) ADR agreements are enforceable or appealable.
10) When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which of the following courts will we get the most authoritative precedent (i.e., the most binding ruling)?
A) The Supreme Court of Canada
B) The Superior Court of Justice
C) The Federal Court of Appeal
D) The Ontario Court of Appeal
E) The Ontario Court of Justice
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