PLEASE ANSWER ASAP
At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the student's statements, below, is correct? Select one: a. Judge-made law in England came from two traditions, civil law and parliamentary supremacy. O b. All the provinces follow law that stemmed from the English common law O c. The chief characteristic of the common law is the theory of precedent. That is, judges are bound by decisions of judges of the same or higher courts in that jurisdiction on the same point of law. d. Today, we are governed by statutes passed by our elected representatives as well as by judge-made law. O e. With the creation of our court system, the equitable tradition was lost. Today a judge of our superior court does not apply principles or remedies developed by the courts of equity.The Charter of Rights and Freedoms does not apply to which of the following? Select one: O a. A restaurant O b. A municipal council O c. The police O d. A human rights commission O e. The provincial cabinetIn January, a driver accidentally caused a snow plow to go off the road, crash into a house, and enter the living room. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snow plow was charged with the crime of driving while impaired, and convicted, which of the following would be true? Select one: a. The owners of the house could not proceed in a civil action because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action. b. The owner of the house could proceed with a claim of negligence against the driver. O c. The owners of the house could also proceed in a civil action against the driver for the tort of nuisance. d. The owners of the house would have no civil action against the driver because no one was hurt. e. The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.When Mr. P dropped his wife off at work, Mr. H, the driver behind him, was angered by the slight delay in traffic. Mr. H approached Mr. P's car, called him names, and then punched Mr. P in the nose and mouth area with a closed fist. Mr. H was convicted and sentenced in criminal proceedings for his actions. Given these facts, which of the following is true? Select one: a. Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance. O b. Mr. P could also proceed in a civil action against Mr. H for the tort of battery. O c. Mr. P could not take a civil action because a criminal action had taken place, and the same behaviour or action cannot be the subject matter of both types of proceedings. d. None of the above is true. O e. Mr. P could ask for special damages, but not for general or punitive damages.Conversion takes place in all of the following instances except: Select one: O a. a person comes into possession of goods lawfully but refuses to return them after a proper request. O b. a person intentionally takes the goods of another person for her own purposes. O c. a person steals goods belonging to another. O d. a person acquires possession of goods through deceit and the goods are destroyed. e. a person sells or wrongfully disposes of goods belonging to someone else.Mary bought a new computer and advertised her old computer for $1500. Mr. Jones offered to pay $1000. Mary said no, she wanted $1500. Mr. Jones offered $1250. Mary rejected that and said she wanted $1500, but then said to him, "I withdraw my offer, I've decided to give it to a school and apply for the tax benefit." Mr. Jones said, "All right, I'll accept your offer of $1500." Which of the following is true? Select one: O a. There is a contract and Mr. Jones has to pay a reasonable price for Mary's old computer. O b. There is a contract because at some point in time Mary was willing to sell and Mr. Jones was willing to buy the computer system for $1500. c. There is no contract because the last offer had lapsed. d. There is a contract, because once a seller makes an offer she cannot change her mind; she is bound to receive an acceptance. O e. There is no contract because Mary revoked the offer before Mr. Jones attempted to accept it.A provision that restricts the seller from competing with the buyer in a contract for the sale of a business is Select one: a. always enforceable because the parties to a contract have the freedom to contract as they see fit. O b. enforceable if it is reasonable between the parties and not contrary to public policy. O c. always unenforceable because any attempt to restrict competition is an illegal restraint of trade. O d. fatal to the whole contract (i.e., it causes the whole contract to fail). O e. enforceable if it is reasonable between the parties, which means that it must be limited in time (e.g., one year) but need not be limited in area.Which of the following is a right or freedom guaranteed in the Charter? Select one: O a. The right to bear arms O b. The right to own property O c. The right to vote in federal and provincial elections O d. The right to have your children educated in any language O e. The right to be assured of a minimum level of incomeWith regard to the process of a civil law suit in a superior court, which of the following is true? Select one: a. Once a statement of claim is served, the next step is the trial. O b. An action is usually commenced by issuing a chambers application. O c. The writ is a document issued by the defendant to indicate that he or she will defend against the action. O d. The plaintiff must prove his case on the balance of probabilities. O e. Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded.Which of the following statements best describes solicitor-client privilege? Select one: a. The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. O b. The lawyer must follow the client's instructions, even if they are illegal in nature. O c. The lawyer makes the legal decisions for the client. O d. It is the duty of the lawyer to keep the information provided by the client confidential. O e. The lawyer is the only expert a client should consult.Jed played hockey for his company's team. During the playoffs, three seconds after a play, he was deliberately hit in the back with a stick by Ed, a player on the opposing team. The hit broke Jed's rib. If Jed sued Ed, which of the following would be true? (Keep in mind the legal meanings of the words.) Select one: O a. The defendant's best defence would be that the plaintiff consented to the hit. O b. The plaintiff's most likely cause of action would be negligence. O c. The defendant's best defence would be qualified privilege. O d. The plaintiff's most likely cause of action would be malicious prosecution. e. The defendant's best defence would be fair comment.Anmool verbally agreed to build a deck for Nikki for $1000 by the 15th of September, in time for a lavish backyard barbecue she was planning. On September 13th, Nikki became concerned at Anmool's lack of progress. Anmool told Nikki he would complete the deck on time, for an additional $200. Nikki agreed and Anmool completed the deck on time. Which of the following is correct? Select one: O a. Nikki owes Anmool $1000 and there is no binding obligation with respect to the additional $200 because Anmockhad an existing duty to complete the deck on time. O b. Nikki does not owe Anmool anything because his lack of professionalism vitiated the contract. O c. Problems of consideration can be raised only in the commercial context, not when the parties involved are both individuals. O d. Nikki owes Anmool $1200, because that is what she agreed to, and such contracts are binding. e. No legal obligations arise because the agreement is not in writing.Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law? Select one: a. Contributory negligence O b. Strict liability O c. Vicarious liability O d. Defamation O e. False imprisonmentMrs. Johnson is thinking of selling some property to her son. Which of the following is correct with respect to intention when entering into such a contract? Select one: O a. Commercial contacts are always binding, no matter what the stated intention. O b. When intention is the issue, there is never ally presumption for or against intention; the courts will always apply the reasonable person test. O c. In commercial arrangements, there is always an intention to be bound by agreements no matter what the parties state to the contrary. O d. In domestic agreements, there is a presumption that there is no intention to be legally bound. O e. Since domestic relationships are serious, there is a legal presumption that in such relationships there is an intention for the parties to be legally bound by their agreements.For his Superbowl Sunday party, Jack bought, among other things, some Francisco mustard. Even before the game began, one of the guests, Fred, made himself a sandwich using that mustard. When Fred saw another guest, Tad, making a sandwich with the mustard, Fred warned him that the sandwich did not taste right and that he (Fred) didn't feel too well. Tad ate everything else on his plate, but left the sandwich. Fred became quite ill and had to go to the hospital. It was determined that the mustard was contaminated when it was made. Jack had bought the mustard just an hour before game time from Big Store, which had bought it from DB Distributors Lid., which had bought it from the manufacturer New Foods Ltd. On these facts, which of the following is true? Select one: O a. Tad could successfully sue Jack for negligence. O b. Fred could successfully sue the distributor for negligence because the distributor delivered the case of mustard to Big Store. c. Since Fred did not buy the mustard himself, he must suffer his loss; i.e., he cannot sue anyone. d. Fred could successfully sue the manufacturer New Foods Ltd. for negligence but could not successfully sue Big Store for negligence. O e. Fred could successfully sue Jack for negligence because Jack bought the mustard