1) Laws made by a government must respect the division of powers of section 91 and 92 of the Constitution Act 1867 but do not have to respect the principles of the Charter. True or False ?

2) A person who commits a negligent act will always be held liable for all damage which results from this negligent act. True or False ?

3) Why are Courts of Appeal normally unwilling to change findings of fact made by a trial judge or a jury?

A) Because of the operation of the principle of stare decision

B) Because transcripts submitted are normally deficient.

C) Because not having seen the witnesses they cannot apply the relevant law

D) Because not having seen the witnesses they are not well placed to assess the credibility of the testimony given

E) Because the Constitution limits their ability to investigate facts

4) Because the Charter is a part of the constitution and the Constitution is supreme law, statutes which violate a fundamental right specified in the Charter will always be declared unconstitutional by the Courts. True or False ?

5) Which of the following statements is true of appeals in the Canadian court system?

A) The parties are only allowed to challenge findings of fact made by a trial court

B) An appeal against the decision of a Trial Court of a province can be filed in the Court of Appeal of any other province

C) Appeals are based on matters of law or fact

D) Appeal court judges do not normally have the power to reverse the decision of a lower court

E) All of the above

6) Betty Groper and Susan Mikel had a big quarrel. In order to get revenge on Susan, Betty posted the following statement to her Facebook page: "Susan Mikel is a thief. She will steal anything that is not chained down.". Based on the facts presented, which of the following statements most accurately describes the legal position?

A) Betty has committed slander against Susan.

B) If Susan sues Betty for defamation, Betty can rely on the defense of fair comment.

C) Betty has not committed any torts against Susan because it is not likely that anyone will take her words seriously.

D) Susan can sue for defamation if the statements made about her are not true

E) If Susan sues Betty for defamation, Betty can rely on the defense of justification

7) Pablo persuaded his grandmother, Gerty, to sell him her car for $1,000. They both knew the car was worth much more than that. However, Gerty did not need the car anymore and loved her grandson, so she agreed to sell him the car. The next day Gerty found out that Pablo was planning to sell the car to a friend for $8,000. If Gerty wishes to get out of the contract with Pablo, which of the following issues would likely become most relevant?

A) Misrepresentation B) Duress C) Lack of consideration D) Illegality E) Undue influence

8) Under the Constitution Act of 1982, Provincial Governments have been given the power to make laws concerning matters of a local and private nature in the Province. True or False ?

9) ) Rudolph and Randy are about to exit a store in a shopping mall when the store manager approaches them and accuses them of having stolen something. Rudolph tells the Manager that she is mistaken and indicates to Randy that he is going to leave. In a loud voice the Manager tells them "if you dare leave this store before the police gets here, I will ensure that everyone in this mall know that you are a bunch of thieves" Rudolph and Randy decide to wait until the police get there at which time the police conduct a search of their bags and discover that they had in fact stolen something from the store. Which of the following is correct?

A) Rudolph and Randy were not falsely imprisoned as they were never physically restrained B) No tort has been committed by the manager. C) Rudolph, but not Randy can sue for false imprisonment as only he (Rudolph) had expressed a desire to leave the store. D) Rudolph and Randy can successfully sue the store owners for false imprisonment. E) The tort of false imprisonment does not arise on the facts as police personnel were involved.

10) Over which of the following subjects does the Federal Government not have jurisdiction?

A) Unemployment insurance B) Criminal law C) The regulation of trade and commerce D) The postal service E) Education

11) The Federal Government has just passed a law which makes it an offence for anyone to publicly declare that there is no God. The stated purpose of the law is to ensure that Canada remains a Christian oriented society. Which of the following statements best describes the correct legal position?

A) The law cannot be justified under Section 1 of the Charter because the objective of the law is unreasonable and is not for the greater good of the country. B) The law does not violate any provision of the Charter C) The law cannot be justified under Section 1 of the Charter unless any criminal penalties are reasonable. D) The law violates Section 2 of the Charter but can be justified under Section 1. E) The law violates the division of powers reflected in sections 91 and 92 of the Constitution Act 1867.