Question 2(1 point)

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1. The legal principle where a Court follows the decision of a higher Court is called:

Question 2 options:

A)

ultra vires

B)

judicial discretion

C)

precedent

D)

none of the above

Question 3(1 point)

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1. Which of the following is the best example of a "private" or "civil" lawsuit:

Question 3 options:

A)

A lawsuit concerning a construction company that damaged a house on an adjoining construction site.

B)

A murder trial in the Court of Queen's Bench

C)

A hearing before Calgary City Council

D)

A trial relating to a breach of the Traffic Safety Act

E)

A complaint before the Human Rights Commission

Question 4(1 point)

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1. The Civil Division of the Provincial Court of Alberta (the "Small Claims Court") can deal with cases:

Question 4 options:

A)

in which the claim is for an amount not more than $27,500.00

B)

in which the claim is for an amount not more than $50,000.00

C)

for claims of any amount

Question 5(1 point)

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The Plaintiff is:

Question 5 options:

A)

the party who starts a lawsuit

B)

none of the other answers

C)

the party who is being sued in court

D)

the party who prosecutes the accused in court

Question 6(1 point)

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1. You were recently involved in a car accident, which was your fault.The driver of the other car was injured.If that other driver wants to sue you in court, that other driver must file a claim no later than:

Question 6 options:

A)

2 years from the date of the injury

B)

6 years from the date of the injury

C)

2 months from the date of the injury

D)

6 months from the date of the injury

Question 7(1 point)

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1. John lives on an acreage just outside the city limits.After cleaning out his garage, John has a truck load of junk that he wants to get rid of.Rather than taking all of this junk to the city dump (and having to pay a fee) he decides to simply dump it in a wooded area of his neighbour's acreage.This situation would be an example of which tort?

Question 7 options:

A)

Passing off

B)

Nuisance

C)

Trespass

D)

Defamation

Question 8(1 point)

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1. Which of the following is a defense to the intentional tort of battery?

Question 8 options:

A)

Consent

B)

Self-defence

C)

Both a. and b.

Question 9(1 point)

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1. A guest in the hotel slips on a loose tile in the lobby and falls.The guest, who has the medical condition called "brittle-bone syndrome" ends up breaking numerous bones as a result of the fall. Which of the following legal principles may be relevant in this situation?

Question 9 options:

A)

Voluntary assumption of risk.

B)

Contributory negligence.

C)

Thin-skull rule.

D)

The right of subrogation.

Question 10(1 point)

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Contributory negligence is:

Question 10 options:

A)

Negligence on the part of the plaintiff that contributed to his/her own injury

B)

Negligence on the part of a 3rd party that contributed to the injury

C)

All of the other answers.

D)

Negligence on the part of the defendant that contributed to the injury

Question 11(1 point)

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The legal process by which the Plaintiff and Defendant exchange and inspect relevant documents in a lawsuit is called:

Question 11 options:

A)

Service of documents

B)

Appeal

C)

Discovery

D)

Garnishment

Question 12(1 point)

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A manager at a store locks the only door and says to his 5 employees, "No one is leaving this room until the person who stole my laptop computer off my desk yesterday admits to it."One of those 5 employees, who says she is completely innocent, would like to sue the manager. This innocent employee could sue for the intentional tort of:

Question 12 options:

A)

Nuisance

B)

Assault

C)

False Imprisonment

D)

Battery

Question 13(1 point)

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Procedural law is law that:

Question 13 options:

A)

defines our rights, duties and obligations under the law

B)

determines what is acceptable under the Charter of Rights and Freedoms

C)

establishes the essential characteristics of the relationship between governments

D)

sets out the method for the enforcement of our rights, duties and liabilities

Question 14(1 point)

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Alexandra, age 12, makes a purchase of $75 worth of groceries on credit from a store while her parents are on vacation. They left her alone in the house, and she had no food.

Question 14 options:

A)

The contract is enforceable against her because the goods are necessaries

B)

The contract is unenforceable against her as the goods are not valued at more than $1,000

C)

The contract is unenforceable against her because the goods are not necessaries

D)

The contract is enforceable against her because the goods are chattels

Question 15(1 point)

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The "duty to mitigate" means that:

Question 15 options:

A)

The innocent party must prove their damages.

B)

The innocent party must sue immediately.

C)

The innocent party must take reasonable steps to minimize their losses

D)

None of the other answers provided.

Question 16(1 point)

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Which of the following contract(s) must be in writing to be enforceable:

Question 16 options:

A)

A contract to sell land

B)

A mortgage contract

C)

A guarantee

D)

All of these contracts

Question 17(1 point)

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An advertisement or display in a store is:

Question 17 options:

A)

An "invitation to treat"

B)

An "invitation to sell"

C)

An "offer"

D)

An "offer to treat"

Question 18(1 point)

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Roslyn was stopped on her way to her seat during the hockey game and asked to show her ticket, which she readily did. Why did Roslyn have to comply with the usher's request to show her ticket?

Question 18 options:

A)

to show she had paid for the right to enter the premises

B)

to allow the usher to point out the exclusion of warranty

C)

she could confirm entry for the spectators' benefit

D)

so she could be ushered to the correct seat

Question 19(1 point)

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Which of the following is a distinguishing characteristic of injurious or malicious falsehood?

Question 19 options:

A)

The plaintiff must prove a malicious statement about service or products and its falsehood.

B)

The plaintiff must prove a false statement harming her reputation was intentional.

C)

The burden of proof requires a plaintiff to establish malicious harm to his reputation.

D)

The burden of proof requires a plaintiff to establish a negative product statement is false.

Question 20(1 point)

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Which of the following would be most strongly supported by counsel's presentation of evidence that substantiates the truth of a statement in a defamation action?

Question 20 options:

A)

a qualified privilege

B)

a complete defence

C)

an absolute privilege

D)

an opinion defence

Question 21(1 point)

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Suspecting a burglar was attempting to enter his garage, Hakim let his Dobermans outside to take care of the threat. He was shocked six months later when he was served with a lawsuit claiming damages for the serious injuries inflicted by the Dobermans' bites on the thief's hands and legs. Why has Hakim been named as a defendant in this lawsuit?

Question 21 options:

A)

The injuries result from his reckless disregard for the trespasser's presence.

B)

Hakim owed a generalized duty of care based on the neighbour principle.

C)

Hakim owed a duty of care to restrict the number of bites his dogs could inflict.

D)

The thief must be a child in order for injury to a trespass to be actionable.

Question 22(1 point)

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A promise made without getting anything (value) in return is:

Question 22 options:

A)

called a "gratuitous promise"

B)

both a gratuitous promise and a binding promise

C)

botha gratuitous promise and anon-enforceable promise

D)

a binding promise

E)

a non-enforceable promise

Question 23(1 point)

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A term in an employment contract that says, "The employee is to work for the employer unless her sales drop below $10,000.00 per month" is:

Question 23 options:

A)

A condition subsequent

B)

An entire contract clause

C)

A condition precedent

D)

A limitation of liability clause

Question 24(1 point)

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When a written contract has a seal attached to it, the contract will be enforceable even if it lacks:

Question 24 options:

A)

Consideration

B)

Offer

C)

Any of the other four answers

D)

Acceptance

E)

Intention

Question 25(1 point)

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A person has a car that won't start in cold weather. In sheer frustration he says to a friend, "I would sell my stupid car for $50." His friend responds, "I accept your offer." The court would probably not treat this as an enforceable contract because it lacks

Question 25 options:

A)

Consideration

B)

Offer

C)

Invitation to treat

D)

Acceptance

E)

Contractual intention

Question 26(1 point)

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Which of the following is synonymous in negligence law with the statement "it is not enough to establish some of the steps or even most of them"?

Question 26 options:

A)

the plaintiff's automatic entitlement to damages

B)

the plaintiff's requirement to prove each and every step

C)

the defence ofvolenti non fit injuria

D)

the right to recover a loss of income.

Question 27(1 point)

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What is the most likely outcome of a court's finding of a defendant's libellous conduct as being particularly reprehensible and oppressive?

Question 27 options:

A)

pecuniary damages

B)

punitive damages

C)

general damages

D)

special damages

Question 28(1 point)

If a court finds Rudy's spinal injuries are also the result of Rudy encouraging Benj to drive his boat at the excessive speed that caused the accident, what will immediately come into play?

Question 28 options:

A)

the standard of care

B)

the standard of care

C)

volenti non fit injuria

D)

contributory negligence

Question 29(1 point)

Jarvis Holdings Inc. owns an office building in which it occupies half of the building but leases the other half of the building to a tenant. Who is the occupier of the building?

Question 29 options:

A)

Jarvis is an occupier of the space it uses and controls, and the tenant is the occupier of the leased premises.

B)

The tenant is the sole occupier.

C)

Jarvis and the tenant are both occupiers in relation to the entire building.

D)

Jarvis is the owner and therefore the sole occupier of the building.

Question 30

Jordan was seriously injured while trespassing on an abandoned industrial site. He had been exploring an abandoned building when part of a structure gave way under his weight. Why might Jordan's lawsuit against the site's owner fail?

Question 30 options:

A)

because an injured trespasser cannot sue an occupier

B)

because the site owner did not intentionally or recklessly cause Jordan's injury

C)

because the site owner had posted a sign prohibiting trespassers from entering the property

D)

because Jordan was only a licensee and not an invitee