31) 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

32) 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.

33) A lawyer signs a contract to complete legal work for a company in exchange for $30,000 in legal fees. The company pays a retainer of $5,000 to the lawyer. The next day the company shuts down. Based on these facts, what is the legal position of the contract the lawyer signed?

A) The lawyer has a valid contract and should be paid.

B) The lawyer has an invalid contract and is not entitled to further compensation.

C) The lawyer has a frustrated contract.

D) The lawyer has not completed the services they were hired for and should return the retainer.

E) The lawyer has breached the contract

34) The Ontario Legislature has recently passed a new law reforming the education system in Toronto. Which of the following statements best describes the legal position?

A) The law was validly passed pursuant to Section 91 of the Constitution Act 1867.

B) The law is ultra vires the powers of the Ontario Legislature

C) The law was validly passed pursuant to Section 91 of the Constitution Act 1982

D) The law was validly passed pursuant to Section 92 of the Constitution Act 1867

E) The law breaches the Charter of Rights and Freedoms

35) In which of the following circumstances would it not be appropriate to use mediation?

A) Both sides are prepared to make serious efforts to resolve the issues in dispute between them

B) Both sides wish to keep sensitive information relevant to the dispute confidential

C) Both sides wish for the resolution of the dispute to become a precedent for the settlement of future disputes

D) Both sides are concerned about the costs associated with litigation

E) Both sides wish to maintain control over the process

36) Louisa Knuckles and her neighbour Edith Rumen have been involved in a boundary dispute for many years. One day, Edith called the police and reported that Louisa had destroyed her ornamental plants. Louisa is arrested and spends a night in jail. She is subsequently convicted for the alleged offence. Two months later, Edith and Louisa get into another argument concerning their properties, in the course of which Edith mocks her by saying: "I made up a story that got you convicted. Keep bothering me and I will do it again."Which of the following statements is true?

A) Louisa can sue Edith for libel.

B) Louisa can sue Edith for the tort of malicious prosecution.

C) Edith cannot be sued for malicious prosecution.

D) Edith has committed the tort of false imprisonment.

E) None of the above

37) John was convicted for murder and sentenced to life imprisonment. Mary had been the main witness for the prosecution. When the police was taking him from the court room, John broke free, grabbed a chair and rushed at Mary intending to hit her. On seeing this, Mary became extremely nervous and fainted. The police took John down before he reached Mary. On these facts, which of the following statements is most true?

A) John has committed the tort of battery

B) John has committed the tort of causing mental distress

C) John has not committed any torts

D) John has committed the tort of negligence

E) None of the above

38) Which of the following were created by the Constitution?

A) Superior Court of Justice, Ontario Court of Justice, Ontario Court of Appeal, Supreme Court of Canada

B) Superior Court of Justice, Ontario Court of Justice, Federal Court of Appeal, Supreme Court of Canada

C) Ontario Court of Justice, Federal Court, Federal Court of Appeal, Superior Court of Justice, Supreme Court of Canada

D) The Legislative Branch, the Executive Branch and the Judicial Branch

E) Federal Court, Superior Court of Justice, Ontario Court of Appeal, Ontario Court of Justice, Supreme Court of Canada

39) In accordance with which of the following torts would Loco Cola be held legally responsible if Tom drank a contaminated bottle of its cola drink and got sick as a result?

A) Negligence

B) Occupiers Liability

C) Intentional Interference with Economic Interests

D) Passing Off

E) Nuisance