Multiple Choice (2% each, total of 30% for this section)

Your answers for the multiple-choice questions are to be highlighted in yellow.

16. Identification of a factual difference that renders a prior precedent inapplicable to the case before the court is known as:

A. Strict interpretation

B. Overruling

C. Distinguishing the facts

D. Stare decisis

E. Parliamentary sovereignty

17. Which of the following is NOT an element of contract formation?

a. Consideration

b. Duty of care

c. Meeting of the minds

d. Offer

e. Acceptance

18. Which one of these fits into the general category of private law?

a. Racial discrimination

b. Criminal assault

c. Decisions made under the Charter

d. Social custom

e Suing a contractor who installed a defective product

19. Which of the following statements is INCORRECT?

a. A Supreme Court of Canada decision is binding on all courts across the country

b. A provincial trial court is bound to follow the decisions of a Court of Appeal in a neighbouring province

c. A decision of a court from another province may be considered persuasive

d. A court does not have to obey a court that is below it in hierarchy but does not to have to obey one that is above it

e. The Federal Court applies to federal law

20. The elements of negligence do NOT include

a. Proof of loss

b. Duty of care

c. Consideration

d. Foreseeability

e. Standard of care

21. Mediation is defined as

a. An independent third party who facilitates the parties coming together to settle a dispute by providing suggestions with respect to each partys position and then offering recommendations

b. An independent third party who makes a decision that binds both parties

c. Two parties coming together to try to resolve a dispute

d. Lawyers sit down together to decide the dispute on behalf of their clients

e. A judge asks parties into chambers to issue a decision in the case without hearing any more arguments.

22. Which of the following can be used as consideration?

a. A promise to give up a legal right

b. A kilogram of green beans

c. A promise to deliver three tons of steel

d. 50 cents

e. All of the above

23. Which of the following would be considered an administrative body?

a. The local church

b. A community watchdog group

c. Canada Post

d. The Royal Canadian Legion

e. A Business Interest Association

24. Which aspect of privacy law applies in Ontario tort law?

a. False but positive publicity

b. Public disclosure

c. The right to keep all documents private from regulators/ government

d. Intrusion upon seclusion

e. The right not to be criticized by others

25. Roberta asks her neighbour Eric to find her dog. If he does so she will pay him $100. This is an example of one of the following?

a. A bilateral contract

b. An invitation to treat

c. An offer

d. A gratuitous promise

e. A unilateral contract

26. As a business person, to avoid being successfully sued for negligence you exercise a duty of care in relation to

a. Only people with whom you have a contractual relationship

b. Friends and family members

c. Everyone

d. Anyone who seeks your thoughts while talking at a bar

e. Anyone you could reasonably foresee harming

27. Frustration is

a. A contact that is automatically terminated due to market conditions

b. What a party faces when faced with a contract that they cannot fulfil

c. A contract that a party cannot fulfill because of being threatened to enter into a particular contract

d. A contract that cannot be fulfilled because an outside even makes it impossible to fulfill the terms of the contract

e. A consumer refuses to accept delivery of a product due to delays in shipping

28. A tort is:

a. A decadence that can be used if you are being sued in contract

b. A legal expert that is either a lawyer or an approved agent to act on your behalf

c. A failure to meet private social obligations to others

d. A legal problem not worth pursuing

e. A means by which someone commences a court proceeding

29. A company has opened a mushroom operation in your neighbourhood that has been emitting fumes that smell so bad that no one in your family wants to be in the yard. Your children refuse to play outside, and you haven't been able to use the barbecue or your deck since they started operations. If you sue, which of the following torts is the most likely to be succeed?

a. Battery

b. Nuisance

c. Assault

d. Trespass

e. Breach of privacy

30. Which of the following would NOT be considered an intentional tort?

a. Your mail carrier slips and falls on your property while delivering the mail

b. You post on the internet statements about your neighbour running a pornography studio out of his basement

c. Tired of hearing your neighbours you blast heavy metal music from you home from 8pm to 3am every night

d. Although not knowing it, you build a fence that in fact uses you neighbours land as the foundation for the fence

e. All of the above