1) Canadian law comes from a variety of sources including all of the following EXCEPT

a) the constitution or basic law.

b) legislation or statutory law.

c) regulations.

d) court decisions.

e) elections.

2) The charter applies to governments and governmental activities. It has limited application

a) to municipal governments.

b) between private persons.

c) to Courts of Appeal.

d) to Small Claims Court.

e) to Human Rights hearings.

3) Section 33 of the Charter allows the legislature to pass legislation that overrides the fundamental freedoms specified in the Charter only if

a) the legislation expressly declares that it "shall operate notwithstanding" a provision included in the Charter.

b) a court determines that the freedoms can be overridden.

c) two-thirds of the provinces having at least 50 percent of the total population of Canada approve

.d) the legislation in question does not violate the Human Rights Act.

e) five years have passed since the legislation was first proposed.

4) Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute. Section 1

a) enables Parliament to override decisions of the courts regarding the Charter.

b) allows the courts to decide whether it is necessary to infringe on rights in order to maintain the values of a free and democratic society.

c) permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society.

d) enables provincial legislatures to override decisions of the courts regarding the Charter.

e) none of the above.

5) Janet recently learned that her credit card company charged her an unauthorized amount of 94 cents on her credit card bill. She reviewed the matter and determined that this charge had been made on a monthly basis for several months. She consulted with a lawyer who told her that in the circumstances the best procedural approach to addressing the problem was for her to

a) issue a claim in Small Claims Court for the few dollars that she had been improperly charged.

b) commence court proceedings in Superior Court seeking a greater amount for legal costs.

c) do nothing given the small amount at stake and the costs of litigation.

d) seek to have the action against the credit card company certified as a class action thereby allowing her to represent the entire group of possible class members, i.e. those who likewise were billed an unauthorized amount by the credit card company.

e) forget any court proceedings but try to attract media attention.

6)Specific performance and contempt of court are examples of

a. common law rules.

b) rules of the law merchant.

c) rules of canon law.

d) equitable remedies.

e) subordinate legislation.

7)Philip suffers serious injuries as a result of a slip and fall which took place after he had consumed a significant amount of alcohol. His lawyer told him that he has a serious risk of losing the case. Additionally, Philip has very little money. The lawyer agrees that his fees will take the form of a percentage of the damages Philip collects if he wins. The lawyer's fee arrangement is referred to as

a) contingent fee arrangement.

b) flat fee arrangement.

c) solicitor-client fee arrangement.

d) sliding scale fee arrangement.

e) party and party costs.

8) A hardware store employee locking up on a Saturday night forgot to remove the keys from one of the large riding mower machines parked outside. It was later stolen by a group of teens who drove it into a nearby lake. A tugboat struck the partially submerged riding mower the following morning and sank. The claim for damages by the owner of the tugboat against the hardware store and its employee will

a) fail because marine law does not permit non-marine tort claims.

b) succeed because "but for" the keys being left in the riding mower the tugboat would not have sunk.

c) succeed because the lake was only 400 yards from the hardware store.

d) fail because the risk of the tugboat accident was not reasonably foreseeable even if the theft was.

e) succeed because all of the elements required to establish a negligence claim are present.

9)A doctor makes a serious error during the course of diagnosing a patient. The patient subsequently dies. The deceased patient's family members bring a lawsuit against the doctor. All the experts who testify agree that the doctor failed to meet the standard of care but that if appropriate care had been provided, the patient would have died in any event. The family members' case against the doctor will

a) succeed because all the experts agree the doctor provided substandard care.

b) fail because the doctor likely provided the patient with informed consent.

c) succeed because the law imposes strict liability upon doctors in similar circumstances.

d) fail because the plaintiff cannot prove causation which is an essential element of the tort of negligence.

e) succeed because the doctor owed a fiduciary duty to the plaintiff.

10)Chad is employed as an IT manager at Megabytes Inc. He has important information about the workings of the computer system and he is a key part of the management team. His written contract therefore requires him to give at least 60 days' notice of his intention to terminate his employment. Megabytes' main competitor, Geeks R Us, attempts to hire Chad away. The president of Geeks R Us convinces Chad to accept their employment offer and leave Megabytes Inc. immediately without providing any notice pursuant to the agreement. Geeks R Us has committed the tort of

a) passing off.

b) negligence.

c) malicious prosecution.

d) inducing breach of contract.

e) libel.