1) The tort of nuisance protects against:

A) Careless action on the part of drivers

B) Unwanted environmental or religious advocacy groups that come onto property without

permission

C) Unreasonable interference with the use and enjoyment of property

D) Unreasonable interference with Charter rights and freedoms

E) Careless action on the part of professionals such as accountants and auditors

2) A woman testified in court that a celebrity sexually assaulted her. In fact, she said this only so that she could blackmail the celebrity for money. The celebrity is considering suing her for defamation. Which of the following is true?

A) The defense of qualified privilege would apply.

B) Since the testimony was false the woman would have no defense.

C) The defense of fair comment would apply because the celebrity is a public figure.

D) The defense of absolute privilege would apply.

E) Both B and C

TRUE/FALSE.

3) 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.

False

TRUE / FALSE

4) A decision of the Federal Court of Appeal is binding in all provinces in Canada.

True

5) Mary is an immigrant. She orally (verbally) asked Michael to marry her in exchange for $10,000 so that she can become a citizen. If Michael sues to enforce the promise, which of the following will be true:

A) As the agreement was made orally it is not enforceable.

B) The agreement will only be enforceable if Michael can use independent witnesses to prove the existence of the contract.

C) The agreement is fully enforceable

D) Michael will not be able to enforce the agreement unless he can show that he has performed his side of the bargain.

E) The agreement is unenforceable.

6) A 70 year old woman was using the escalator at the airport when she dropped a glove. When she attempted to pick it up, she lost her balance and fell. As a result of the accident, she broke her leg.If she brings a claim in negligence against the company which had the responsibility of maintaining the escalator, the defendant company would argue which of the following as its best defense?

A) There were no damages suffered.

B) Voluntary assumption of risk.

C) It did not owe her a duty of care.

D) It did not act below the standard of care.

E) All of the above

7) Which of the following contracts will likely not be enforced by the courts:

A) A contract to distribute child pornography

B) A contract to provide services to a terrorist organization

C) A contract between a prostitute and her client.

D) A and B

E) A, B and C

8) Marlon and Peter are alone in an office together. They are having an argument during the course of which Marlon says to Peter: "You are a thief and a murderer". Marlon does not have any knowledge of Peter being a thief or a murderer.Which of the following is true?

A) Peter can sue Marlon for defamation because Marlon has made an untrue statement about him.

B) If Peter sues Marlon for defamation, Marlon can successfully rely on the defense of absolute privilege.

C) If Peter sues Marlon for defamation, Marlon can successfully rely on the defense of qualified privilege.

D) Marlon has not committed a tort because words said in the heat of an argument are not actionable.

E) Marlon has not committed a tort.

9) Which of the following statements is not true with respect to arbitration proceedings?

A) Arbitration proceedings are often chosen as an alternative to having the dispute being adjudicated in a legal system that the parties do not want it to be adjudicated in.

B) Arbitration proceedings normally take more time than it does to litigate a matter in the regular court system

C) Arbitration proceedings are normally conducted without many of the procedural requirements of a formal trial.

D) An arbitrator must be neutral

E) An arbitrator's decision is binding and can be enforced as a court judgment

TRUE / FALSE

10)A person who commits a negligent act will always be held liable for all damage which results from this negligent act.