Q1

What does the division of powers found within Canada's Constitution dictate?

• Which powers are provided to Quebec through the civil code and the rest of Canada through the common law
• Which powers are statutory and which are derived from the common law
• Which powers are territorial, provincial and municipal
• Which powers are federal and which powers are exclusively porvincial

QUESTION 2

Which of these is true of the mediation process?

• The mediator guides the discussion and imposes a decision after hearing from both sides
• The mediator guides discussion to bring the parties together
• The mediator always keeps the parties apart while hearing their arguments
• It is not applicable if the parties are in an adversarial relationship

10 points

QUESTION 3

You have a client whose neighbour likes to have loud pool parties until 4am at the earliest end time. This makes your client's ability to sleep very difficult, as it does his husband and their children. In tort law, which area for a claim would you tell him best applies to his situation?

• Nuisance
• Tresspass to land
• Harassment
• Negligence

10 points

QUESTION 4

A reason why you mightNOTstart a civil lawsuit again another individual is the following:

• The law is inconsistent. Therefore, I have no convincing idea as to how my case will be decided
• My opponent has far more money than I do, therefore I will inevitably lose
• The law currently does not recognize myclaim as a field of tort law
• I have other options such as arbitration

10 points

QUESTION 5

Select which of these sources of law does not apply to businesses?

• Provincial Human Rights Codes
• Administrative decisions
• The Canadian Charter of Rights and Freedoms when individual claims are involved
• The common law

10 points

QUESTION 6

The benefit of Alternative Dispute Resolution is:

• The parties get to see their parties documents as a matter of public record
• Parties still have to follow the Ontario Rules of Civil Procedure
• It helps to maintain on-going business relationships
• All of the above

10 points

QUESTION 7

Which of the following is not part of the civil litigation process in Ontario

• Multiple depositions
• Documentary discovery
• Pleadings
• Default judgment

10 points

QUESTION 8

To succeed in a defence of fair comment a defendant must prove:

• Their behaviour was reasonably suposrted by evidence
• Not be motivated by malice
• Be on a matter of public interest
• All of the above

10 points

QUESTION 9

Which of the following is correct with respect tostare decisisin the common law?

• It can supercede legislation
• It requires courts to follow precedent
• This term refers to the role played by the law of equity in our system.
• It prevents higher courts from overrulling lower courts

10 points

QUESTION 10

Which of the following actions constitutes an assault in tort law?

• Threatening to beat someone up 3 days from now
• Hitting someone with your shopping bags on the subway because they are in your way
• Pointing an unloaded gun at another who does not know whether or not the gun is loaded
• A rude gesture directed so someone on the street

10 points

QUESTION 11

Which of the following would be considered an administrative agency?

• The Royal Canadian Legion
• Canada Post
• Shoppers Drug Mart
• The National Power Board

10 points

QUESTION 12

Which of the following would not be considered an intentional tort

• Allowing my mail delivery person to slip and fall on my walkway due to not shovelling snow
• Building a fence on my neighbour's land even though I did not know it was my neighbour's land
• Going door to door to my neighbours to be on the lookout for one of our neighbours who I sispect of being a dangerous killer
• Throwing a lit cigar on to my neighbour's law causing her cedar hedge to burn down

10 points

QUESTION 13

Which of the following best describes substantive law?

• It defines international legal standards
• it defines relationships between levels of government
• It defines the process by which the rights guaranteed by the Charter are to be applied
• It defines rights and limits within society

10 points

QUESTION 14

In law, an individual who commits a tort may be referred to as:

• The plaintiff
• The wrongdoer
• The tortfeasor
• The bad guy

10 points

QUESTION 15

• Which of the following would not be considered a defence to an intentional tort
• Self-Defence
• It was also a crime. I can't be charged with both
• Medical justification
• Consent

10 points

QUESTION 16

Which of the following would not be a defence to false imprisonment?

• A store owner asks to inspect my bags because I set of an alarm only to find that the protective tags had not been removed
• Contractual duty
• As a concerned citizen I suspect someone of stealing. I take hold of them and drag them to the mall manager's office to be dealt with appropriately
• In a case of mistaken identity I report an individual to a store owner

10 points

QUESTION 17

A decision of the Alberta Court of Appeal is binding

• All Alberta courts
• All courts in Canada where the Supreme Court of Canada has not issues a decision
• In other provinces where the facts of the matter are the same
• Alberta Courts and the Federal Court

10 points

QUESTION 18

Which of the following is not true of remedies in tort law?

• Damages are the usual form of compensation
• Injective relief is another form of remedy
• An act can be both criminal and tortius
• Decisions concerning liability are fact driven

10 points

QUESTION 19

Which of the following best describes the primary purpose of tort law?

• To punish wrongdoers
• To prevent minor crimes
• To restore a party to the positionn that they would have been in had the wrong not occurred
• To ensure people do good such as recuring those in danger

10 points

QUESTION 20

Which of the following would not be considered correct?

• Laws can be changed at any time to meet chaning social and political norms
• Procedural law only applies to those who are already in civil disputes
• Parliament and the provincial legislatures must follow certain procedural laws
• The rule is designed to ensure that the governed are required to follow the law