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1. Sue and Bill have a contractual disagreement and agree to hire a mediator to resolve their dispute. Which statement is most accurate? The mediator

1. Sue and Bill have a contractual disagreement and agree to hire a mediator to resolve their dispute. Which statement is most accurate?

  1. The mediator can rule in favour of Sue
  2. The mediator can rule in favour of Bill.
  3. The mediator can render a decision that balances both Sue and Bill's arguments.
  4. The mediator can't render a decision in this case.
  5. None of the above

2. Which statement best characterizes jurisprudence?

  1. Jurisprudence is a source of law that can best be described as written commentaries on the law
  2. Jurisprudence is a source of law accepted by courts provided it does not conflict with an existing statue.
  3. Jurisprudence is a source of law that can best be described as case law.
  4. All of the above are accurate in describing jurisprudence
  5. None of the above.

3.Which of the following is not an example of government as it related to the application of the Canadian Charter of Rights and Freedoms?

  1. A nurse
  2. A police officer
  3. A public pool lifeguards
  4. A teacher
  5. All of the above may be examples of government.

4. Which of the following statements is most accurate?

  1. a prospective employer cannot ask you about a criminal record
  2. a prospective employer cannot ask you about a criminal record if it is not related to the job.
  3. A prospective employer can ask you about a criminal record.
  4. A prospective employer can ask you about a criminal record only if it is related to the job.
  5. None of the above.

5. Can an employer pay two employees, performing the same work, different levels of salaries?

  1. Yes because of aptitudes
  2. Yes because of qualifications
  3. Yes because of pay equity plan
  4. Yes, but only for (A) and (B) reasons
  5. Yes, for (A), (B), (C) reasons

6. Which case deals with the effects of a pardon?

  1. Syndical Northcrest v. Amselem
  2. British Columbia vs. BCGSEU
  3. R vs. Kapp
  4. Multani Sing v. Commission scolaire Marguerite-Bourgeoys
  5. None of the above.

7. What is the main purpose(s) of Quebec's no fault car insurance?

  1. To allow for certainty
  2. To allow for security
  3. To prevent Quebecers from ever having to pay, even when at fault.
  4. To achieve societal objectives
  5. All of the above.

8. Which of the following allows for an employment application form to require a person to give personal information such as age, gender, social condition, and civil status, even though requiring such information is contrary under section 10 of the Quebec Charter?

  1. When it is useful for the implementation of an affirmative action program.
  2. When it is useful for the implementation of a pay equity plan
  3. Both a) and b)
  4. An application form can never ask personal information found in section 10 of the Quebec Charter
  5. None of the above

9. Which of the following can the Quebec government use to impose a law banning the wearing of religious symbols by all private and government paid employees?

  1. The Notwithstanding Clause
  2. The Oakes test
  3. Both A and B
  4. None of the above because it can only impose such a ban on government paid employees.
  5. None of the above

10. Arguing financial cost as a reason to deny a right to an individual would be closest associated to which of the following principles?

  1. Security principle
  2. Reasonably justified principle
  3. Undue hardship principle
  4. Public order principle
  5. Public law principle

11. Which of the following organizations can make a question asking age and gender in application form obligatory?

  1. A potential employer
  2. An insurance company
  3. Both A and B
  4. None of the above because an obligatory question on age and gender is considered discriminatory because it violates section 10 of the Quebec Charter.
  5. None of the above because it is not listed in section 10 of the Quebec Charter.

  1. The case discussed during our lecture about the defendant who was found guilty and sentenced to mandatory jail for possession of a firearm that did not belong to him, but was found in at his place, related to which of the following concepts?
  2. The law is written
  3. The law is enforced by judges
  4. The law is decided by majority rule
  5. All of the above
  6. None of the above

12. Dan just lost his case in Small Claims Court. He feels justice was not served because the law was applied too subjectively. Who or what is Dan blaming?

  1. The law
  2. The judge
  3. The majority
  4. All of the above
  5. None of the above

13. All of the following courts follow the adversarial principle except for:

  1. Municipal court
  2. Small claims court
  3. Quebec court
  4. Superior court
  5. None of the above

14. What principle(s) did the Supreme Court find in the Syndical Northcrest v. Amselem (condo) case?

  1. Religious rights can't be waived
  2. Contracting parties can use section 9.1 of the Quebec Charter
  3. Singing building by-laws equal to waiving rights
  4. Rights may be waived only if done clearly and express
  5. None of the above

15. Arguing financial cost as a reason to deny a right to an individual would be closest associated to which of the following principles?

  1. Security principle
  2. Reasonably justified principle
  3. Undue hardship principle
  4. Public order principle
  5. Public law principle

16. All of the following are characteristics of the Notwithstanding Clause, except:

  1. Must be shown to be justifiably reasonable
  2. Has a sunset clause
  3. Allows government to limit rights found in s.2 and s.7-15 of the Canadian Charter
  4. All of the above are characteristics
  5. None of the above

17. Doctrine is best characterized by which statement?

  1. Doctrine is a source of law accepted by courts provided it doesn't conflict with existing statutes.
  2. Doctrine is a source of law that can best be described as case law
  3. Doctrine is a source of law that can best be described as written commentaries on the law
  4. All of the above are accurate in describing doctrine
  5. None of the above

18. The Constitution Act of 1982 resulted in which of the following?

  1. Parliamentary supremacy
  2. Constitutional supremacy
  3. Political activism
  4. Juridical activism
  5. Both B and D

19. In which case are the principles of the Oakes Test applied?

  1. R v.Kapp
  2. Therrien vs. The Minister of Justice
  3. Multani Sing v. Commission scolaire Marguerite-Bourgeoys
  4. British Columbia v. BCGSEU
  5. None of the above

20. Which of the following is not a possible source of law in Quebec?

  1. The Quebec Charter of Rights because it is not entrenched in the Constitution
  2. Jurisprudence because Quebec is a Civil law society
  3. Legal commentaries by a retired Member of Parliament
  4. The Housing Board (Rgie du logement)
  5. All of the above are possible sources of law in Quebec

21. Jason sold his hockey card collection to a local collector for $18 000 dollars but has not yet been paid. Which court is it possible for Jason to sue in for his money?

  1. Municipal court
  2. Small claims court
  3. Superior court
  4. Administrative Tribunal
  5. None of the above

22. Arguing financial vost as a reason to deny a right to an individual would be closest associated to which of the following principles?

  1. Security principle
  2. Reasonably justified principle
  3. Undue hardship principle
  4. Public order principle
  5. Public law principle

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