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Chapter 1

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) A sophisticated client A) does not require the services of a lawyer. B) is someone with formal legal training. C) distrusts and derides lawyers. D) understands the importance of the solicitor-client relationship. E) should represent themselves, rather than paying for legal services. 2) Raman is a sophisticated client. This means that she A) understands how to manage a lawyer-client relationship. B) is a small business owner. C) manages her legal affairs without assistance from a lawyer. D) has a law degree. E) will probably never find herself in a situation necessitating legal advice.

3) In the context of a sophisticated client, "sophisticated" can best be defined as A) complicated, self-reliant, and cosmopolitan. B) confident, knowledgeable, and up-to-date. C) aggressive, dynamic, and forceful. D) refined and cultured. E) simple and naïve.

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4) Which of the following best describes the likelihood of a student becoming involved in a situation necessitating legal advice? A) A student, or someone close to the student, will always become involved in such a situation B) Because students cannot be sophisticated, they will often become involved in such situations. C) Legal advice is not available to students. D) A student, or someone close to a student, sometimes becomes involved in such a situation. E) Because students are not business people, they never become involved in such situations.

5) Becoming a sophisticated client will A) ensure that a business person never needs a lawyer. B) relieve a business person from having to conduct legal research. C) protect a business person from needing legal advice. D) result in a business person developing a bias against lawyers. E) help a business person manage her legal affairs more efficiently and effectively. 6) Having a good lawyer on your team is A) a legal requirement prior to incorporating a business. B) a critical component of being a sophisticated client. C) only necessary for large companies. D) a good alternative to becoming a sophisticated client. E) usually too expensive to be worthwhile. 7) William Shakespeare's Henry VI, Part II includes the line "The first thing we do, let's kill all the lawyers." The president of the Canadian Bar Association interpreted this quotation as A) a threat to all members of the legal profession. B) an offence meriting severe legal consequences. C) a comment on the importance of the "rule of law".

D) a lawyer-bashing joke. E) a humorous attempt to embarrass lawyers everywhere. 8) Which of the following best describes the role of the lawyer? A) The lawyer is simply one of the experts the businessperson consults. B) The client makes decisions regarding civil matters; the lawyer makes decisions regarding criminal matters. C) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. D) The client must follow the lawyer's instructions, as long as they are lawful. E) The lawyer makes the legal decisions for the client. 9) Which of the following statements best describes solicitor-client privilege? A) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. B) The lawyer makes the legal decisions for the client. C) The lawyer is the only expert a client should consult. D) Refers to the duty of the lawyer to keep the information provided by the client confidential. E) The lawyer must follow the client's instructions, even if they are illegal in nature.

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10) Which of the following is NOT a good reason for a business person to seek advice from a lawyer? A) The businessperson cannot understand the necessary legal information. B) The businessperson is facing criminal charges. C) The businessperson cannot find the necessary legal information. D) It would take too long for the businessperson to find the necessary legal information. E) The necessary legal information is available online.

11) For sophisticated clients, the availability of an abundance of legal information online is A) a negative development, because accessing this information tends to be more costly than retaining a lawyer. B) a negative development, because online information is rarely accurate or helpful. C) a neutral development, because lawyers are still the only ones able to access this information. D) a positive development, because it provides greater access to information they can use as part of their decision-making process. E) a positive development, because it means that they will no longer need to retain lawyers as part of their team. 12) When searching online for legal information, it is best to A) trust that if it is published online, it must be accurate. B) use American sources, as they tend to be more comprehensive than Canadian ones. C) gauge the accuracy of the information by the look of the website. D) never trust the information found on a website. E) seek advice from a lawyer when answers cannot be readily found. 13) Sophisticated clients A) know that it is better to hire a lawyer than to conduct research on one's own. B) are willing to pay for legal advice at any cost. C) have the skill and confidence to find basic legal information. D) tend to be embarrassed to request legal advice. E) do not need to retain a lawyer. 14) One reason for the general lack of respect for lawyers is that

A) many people do not understand the role of the lawyer in the solicitor-client relationship. B) the cost of legal advice generally outweighs its benefit. C) lawyers who breach their duties are generally not subject to any punishment. D) lawyers are rarely able to provide information or advice relevant to business matters. E) lawyers are not bound by a Code of Professional Conduct. 15) The role of the lawyer is to A) provide legal advice relevant to the client's situation, which the client has no choice but to follow. B) provide legal advice relevant to the client's situation, which the client is free to ignore. C) delay the client's decision-making process. D) tell their clients what they must do. E) tell their clients what they must not do. 16) The primary purpose of an initial consultation with a lawyer is A) for the prospective client to decide whether to retain the lawyer. B) for the prospective lawyer to help mediate the current dispute. C) to discuss the availability of Legal Aid. D) to develop strategies for dealing with the legal situation in question. E) to arrange payment of the lawyer's fees up front.

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17) The decision to enter into the lawyer-client relationship should be A) a mutual decision made primarily on the basis of trust. B) made primarily on the basis of cost. C) solely up the client, as he or she is the one paying for the services. D) solely up to the lawyer, as he or she is the one with the legal training. E) made quickly to ensure that no one else can retain your lawyer.

18) When setting up a small business, the best approach to follow is to assume that after the business has been set up and commences operating A) a lawyer will no longer be required. B) the lawyer you chose to assist you in the start-up of the business will provide free legal services for the duration of the business's operation. C) the lawyer you chose to assist you in the start-up of the business will continue to represent you. D) the lawyer you chose to assist you in the start-up of the business will refer you to a different lawyer. E) you will not need legal advice, as long as you are a sophisticated client. 19) Which of the following is NOT an advantage to maintaining an ongoing relationship with your lawyer? A) The lawyer will know and understand you and your business. B) The lawyer will view you as her client, giving you and your requests priority. C) The lawyer will automatically track your business activities, so that he or she can provide constant advice and guidance. D) The lawyer will be able to customize his or her legal advice, so it will be even more useful to you. E) The lawyer will be able to provide legal advice more efficiently, thereby reducing your legal costs. 20) When someone refers you to a particular lawyer, you should A) retain the lawyer regardless of their area of practice. B) ignore the referral as irrelevant. C) ensure the referral is being given by someone you trust. D) ensure the referral is from a family member, rather than a mere friend. E) retain the lawyer regardless of who gave you the referral. 21) A lawyer referral service

A) provides the names and phone numbers of lawyers who practice in a particular area of law. B) regulates the legal profession in the interest of the public. C) will enable a businessperson to retain a lawyer without need for an initial consultation. D) is an online fee-based service providing guaranteed results. E) is also known as "Legal Aid". 22) A provincial law society A) operates primarily to enhance the commercial interests of its members. B) has as its mandate the provision of free legal services, in the public interest. C) is a self-governing body for businesspeople seeking legal advice. D) is a self-governing body for lawyers. E) operates primarily to offer low-cost legal advice to members. 23) The Canadian Bar Association is A) an organization responsible for reviewing lawyers' accounts. B) a disciplinary body for members of the legal profession. C) a professional organization that represents judges and lawyers. D) focused on enhancing public safety in the liquor distribution industry. E) the national society for legal aid services.

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24) Legal aid is A) universally available, regardless of subject matter or financial need. B) available to anyone who can demonstrate financial need, regardless of subject matter. C) only available for business law issues. D) available subject to substantive and financial eligibility requirements. E) available exclusively for criminal law issues, subject to demonstrated financial need. 25) Which of the following statements is most accurate? A) If you have a legal problem and cannot afford a lawyer, one will be provided for you. B) If you qualify for legal aid, you will automatically be exempt from all legal costs. C) Everyone qualifies for legal aid. D) Everyone can afford a lawyer. E) If you have a legal problem and cannot afford a lawyer, you may be eligible for legal aid.

26) If you collect money as a result of a settlement or judgment obtained through the assistance of legal aid, you will A) probably be able to keep the full amount of the settlement of judgment. B) probably have to repay some or all of the legal aid benefits you received. C) probably be ineligible to enforce the settlement or judgment if the debtor refuses to pay. D) be required to turn the amount of the settlement or judgment over to legal aid. E) be required to turn the amount of the settlement or judgment over to the court. 27) Legal Aid Ontario will NOT cover any of the following except A) defamation. B) wrongful dismissal. C) change of name. D) criminal matters. E) personal bankruptcy. 28) The BC Legal Services Society may pay for a lawyer for a low-income client if the client has a legal problem involving any of the following except A) serious family problems.

B) mental health or prison issues. C) commercial litigation. D) criminal charges. E) immigration problems. 29) A small business owner A) is wise to obtain legal aid for its business matters, rather than having to incur legal costs. B) should always use duty counsel, rather than having to retain a lawyer. C) is usually not able to receive legal aid with respect to the legal issues involving the business. D) should retain duty counsel to draft contracts outlining legal duties. E) is automatically entitled to legal aid assistance. 30) Which of the following statements regarding duty counsel is accurate? A) There is an advantage to using duty counsel rather than retaining one's own lawyer. B) There is a lengthy application process to obtain duty counsel. C) Duty counsel typically take on your entire case and represent you at trial. D) Duty counsel are available to assist in a wide range of business law issues. E) Duty counsel can provide limited assistance in certain court matters.

31) Duty counsel are typically available A) in criminal courts, family courts, or immigration courts. B) to review and draft a variety of contracts. C) in superior court bankruptcy matters. D) for small claims and real estate disputes. E) for commercial litigation.

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32) Duty counsel are A) court lawyers who assist individuals who are not represented by a lawyer. B) retired lawyers and judges who volunteer through legal aid societies. C) non-lawyers who provide advice to those in financial need. D) legal assistants who offer legal services at rates significantly lower than those charged by lawyers. E) law students who are fulfilling requirements established by a provincial law society.

33) Legal fees A) are always calculated in a single, specified way. B) are typically negligible. C) should not be discussed with a lawyer until a bill has been prepared. D) should be discussed during the initial consultation with the lawyer. E) are rarely the subject of confusion or misunderstanding. 34) Which of the following statements is true? A) Some people don't retain lawyers even when they need them because they are afraid of the cost. B) It is a popular misconception that legal services can be very costly. C) Lawyers should always be retained, regardless of the cost. D) It is considered unprofessional to raise the issue of fees during a consultation with a lawyer. E) All lawyers bill clients on an hourly basis. 35) Contingency fee agreements A) may result in a lawyer not receiving any legal fees for the work done on a file. B) are not subject to any restrictions. C) must be prepared for all lawyer-client relationships. D) are typically used for real estate purchases, the drafting of wills, and incorporations.

E) are synonymous with retainer agreements. 36) Which of the following statements regarding provincial law societies is false? A) Provincial law societies may set maximum contingency fees for certain types of cases. B) Provincial law societies may restrict the use of contingency fee agreements. C) Provincial law societies provide free legal services to people in need. D) Provincial law societies may offer a fee mediation service. E) Provincial law societies provide online information on lawyers' fees. 37) Typically, lawyers bill on the basis of which of the following? A) A fixed fee, a stipend, or a pro rata distribution. B) A fixed fee, an hourly rate, or a contingency fee. C) A fixed fee, a pro rata distribution, or a contingency fee. D) A stipend, a pro rate distribution, or an hourly rate. E) A stipend, an hourly rate, or a contingency fee.

38) Which of the following statements regarding retainers is false? A) The lawyer may require the client to "top up" the retainer as funds are withdrawn from the trust account. B) A retainer helps ensure that a lawyer will be paid for his or her legal services. C) Provincial law societies typically restrict the use of retainers to personal injury or product liability cases. D) A retainer is deposited into a trust account, to the credit of the client. E) Before commencing work on a matter, a lawyer usually requests that a retainer be paid.

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39) A retainer A) works as a deposit. B) is the amount a client must pay that is in addition to regular legal fees and disbursements. C) is the amount a lawyer will receive when charging based on a contingency fee agreement. D) refers to the costs incurred by a lawyer on a client's behalf. E) works to secure the release of an arrested person.

40) Provincial law societies A) exist primarily to assist clients with complaints concerning fees. B) deal with complaints regarding a lawyer's conduct. C) provide compensation to clients who are unhappy with legal services. D) guarantee success in litigation matters. E) are non-profit law firms offering a range of legal services. 41) If you have a complaint about the fees being charged by your lawyer A) you can have your bill reviewed by a court official. B) your provincial law society represents your only course of action. C) you must participate in a fee mediation service. D) you should not discuss your concerns with your lawyer directly. E) you should begin by commencing a court action. 42) Fee mediation A) is compulsory whenever a client raises a concern about a lawyer's bill. B) involves a neutral mediator who tries to facilitate a mutually acceptable resolution of a dispute over fees charged by a lawyer. C) involves a review of a lawyer's bill by a court official. D) involves a judge who determines whether or not a lawyer's bill is reasonable. E) is offered by every provincial law society as the primary means of dispute resolution for complaints

regarding

lawyers' fees.

43) A client who is unable to resolve a fee dispute with a lawyer can have the lawyer's bill reviewed by a court official. These court officials have the power to A) impose fines on either the client or the lawyer. B) require that the client and lawyer attend fee mediation. C) decide that the bill is too high and reduce it accordingly. D) authorize compensation to be paid by the provincial law society. E) order that a lawyer be taken into custody. 44) A provincial law society's complaint-resolution process usually begins with A) a hearing before a panel. B) a formal investigation. C) oral submissions by legal counsel. D) a review of the complaint by a court official. E) an attempt at mediating the dispute between the client and the lawyer.

45) Complaints made to the provincial law society regarding a lawyer's conduct may result in a hearing. This hearing A) involves the testimony of witnesses and the entering of other evidence. B) is held before a superior court judge. C) is held in the absence of legal counsel. D) results in compensation being paid to the client who made the complaint. E) can result in a finding of misconduct, although the law society does not have the power to impose penalties.

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46) If you cannot resolve a fee dispute with your lawyer, you should A) sue your lawyer for non-payment. B) refuse payment on legal grounds. C) make a formal complaint to the bar association. D) have your bill reviewed by the appropriate court official. E) refuse payment on ethical grounds.

47) If a law society panel finds a lawyer guilty of misconduct, the penalty could include all of the following except A) a suspension. B) incarceration. C) disbarment. D) a fine. E) costs of the hearing. 48) If you believe that you have suffered a financial loss because of your lawyer's misconduct A) you should wait as long as possible before you proceed. B) you should have the matter reviewed by a taxation or assessment officer. C) you may be compensated by the bar association at the end of their investigation. D) you will automatically be awarded compensation by the provincial law society at the end of their hearing. E) you may need to seek legal advice from another lawyer. 49) Lawyers' rules of professional conduct A) are recommended guidelines only. B) establish professional and ethical obligations of lawyers.

C) are generally not taken seriously by members of the legal profession. D) will, if breached, automatically result in a lawyer facing criminal charges. E) are established by the Canadian Bar Association. 50) Which of the following statements best describes the difference between law and ethics? A) Ethics tells us what we must do; law tells us what we should do. B) A person need not worry about acting legally, as long as she acts ethically. C) Law tells us what we must do; ethics tells us what we should do. D) If a person acts unethically, he has broken the law. E) Law and ethics are interchangeable. 51) Many people lack trust or confidence in lawyers because A) most lawyers are unethical. B) lawyers who act unprofessionally are not subject to any penalty. C) few provincial law societies have established rules for professional conduct. D) a few well-publicized cases involving lawyers has tainted the reputation of the whole profession. E) lawyers have no professional or legal obligations.

52) The Canadian "Code of Professional Conduct" for business people A) is the same as the lawyers' code of conduct. B) establishes the professional and ethical obligations of businesspeople. C) was created by the provincial business society. D) has been used to prosecute a number of high-profile cases. E) does not exist.

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53) Sophisticated clients who are starting a business should A) opt not to prepare a code of conduct, because of potential liability exposure in the event of a breach. B) only concern themselves with ethical behaviour that is required by law. C) make a commitment to ethical behaviour and prepare a statement of values. D) consult a lawyer about how to engage in unethical behaviour undetected. E) refrain from reporting illegal or unethical behaviour.

54) You can enhance the success of your business by A) personally adopting core values and incorporating them into a code of conduct for the business. B) relying on the Canadian Code of Professional Conduct for Businesspeople. C) retaining a lawyer who is willing to engage in unethical conduct on your behalf. D) not seeking legal advice in cases where your conduct may be questionable, as you will then be bound by the lawyer's code of professional conduct. E) incorporating core values into a code of conduct, regardless of whether or not you adopt those values personally. 55) Which of the following does NOT represent a core ethical value identified by the Josephson Institute for Ethics? A) Courage B) Respect C) Caring D) Fairness E) Citizenship 56) According to the Josephson Institute for Ethics, the core ethical value of trustworthiness has as its supporting ethical principles A) respect, autonomy, courtesy, self-determination. B) citizenship, philanthropy, voting. C) caring, kindness, compassion. D) justice, fairness, impartiality, equity. E) truthfulness, sincerity, candor, integrity, promise keeping, loyalty, honesty.

99) What is the Canadian Bar Association and what is its purpose? 100) What is a provincial law society and what is its mandate? 101) What is "duty counsel"? 102) Why should a business owner not assume that legal aid will be available to him or her? 103) What may occur if you collect money as the result of a settlement or judgment obtained through assistance from legal aid? 104) List the three main ways in which lawyers may charge their clients. 105) When is the fixed fee method of billing most often used? 106) In addition to legal fees, what other costs is a client responsible for paying? 107) What are disbursements and what do they generally include?

108) What is a retainer?

109) What is a contingency fee arrangement?

110) When is a contingency fee agreement most often used?

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111) When should a client ideally first discuss the issue of fees with a lawyer? 112) Is it more cost-effective to hire a senior lawyer with a high hourly rate, or a junior lawyer with a low hourly rate? Explain. 113) How does a contingency fee agreement potentially benefit a client? 114) What is disbarment?

115) For lawyers who are found guilty of misconduct, what penalties might they face? 116) What can you do if you cannot resolve a fee dispute with your lawyer? 117) What should clients do if they believe they have suffered a financial loss because of their lawyer's misconduct? 118) Outline the steps of the law society's typical complaint-resolution process. 119) Distinguish between law and ethics. 120) Provide three examples of conduct that fail to meet the standards of professional responsibility for lawyers. 121) In addition to penalties from the provincial law society, in what else may a lawyer's misconduct result? 122) Provide three examples of issues that ought to be addressed in a business person's code of ethics.

123) What are the six core values identified by the Josephson Institute for Ethics? 124) What is a code of business conduct? 125) Why should a code of business conduct be used by a small business? 126) What format must a code of business conduct take? 127) What is a good way to ensure the long term adoption of ethical behaviour of employees of a business? ESSAY. Write your answer in the space provided or on a separate sheet of paper. 128) Explain what makes someone a "sophisticated client". 129) Explain, using examples, what advice and information a lawyer can provide to a person starting a business. 130) Explain how a business person would go about finding an appropriate lawyer, including a discussion of what makes a lawyer appropriate for a particular client. 131) Explain the concept of legal aid.

132) Explain the different ways in which a lawyer may calculate the legal fees to charge a client, providing examples of when each might be used. 133) Outline the types of complaints a client may have about a lawyer, and how the client should proceed in each instance.

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134) Do business people make good ethical choices? Explain, providing examples.

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1) D 2) A 3) B 4) D 5) E 6) B 7) C 8) A 9) D 10) E 11) D 12) E 13) C 14) A 15) B 16) A 17) A 18) C 19) C 20) C 21) A 22) D 23) C 24) D 25) E 26) B 27) D 28) C 29) C 30) E 31) A 32) A 33) D 34) A 35) A 36) C 37) B 38) C 39) A 40) B 41) A 42) B 43) C 44) E 45) A 46) D 47) B 48) E 49) B 50) C 51) D

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52) E 53) C 54) A 55) A 56) E 57) TRUE 58) TRUE 59) TRUE 60) FALSE 61) TRUE 62) TRUE 63) FALSE 64) TRUE 65) FALSE 66) FALSE 67) TRUE 68) FALSE 69) TRUE 70) TRUE 71) FALSE 72) FALSE 73) TRUE 74) FALSE 75) TRUE 76) TRUE 77) FALSE 78) TRUE 79) TRUE 80) FALSE 81) FALSE 82) FALSE 83) TRUE 84) A sophisticated client. 85) Kill all the lawyers . 86) Taking into consideration time and expense, businesspeople generally ought to consult their lawyers when they cannot find the legal information relevant to their decision on their own, or when they cannot understand the information they find. 87) The client. 88) When those instructions are lawful. 89) The time and cost, and whether the client could effectively find and understand the relevant information on his or her own. 90) Because this can be prohibitively expensive, and can result in delays in the client's decision-making. 91) Consult a lawyer. 92) Whenever she requires legal information to make a business decision and it is not appropriate to hire a lawyer. 93) The tremendous increase of legal information available online. 94) There is now an abundance of legal information accessible to non-lawyers, making it possible for non-lawyers to conduct some legal research without the assistance of a lawyer. 95) To provide legal advice relevant to a client's situation. 96) Given the growing complexity of the law, more lawyers are specializing. If a businessperson faced a wide variety of legal issues (such as both civil and criminal matters), more than one lawyer might be needed. 97) The phone book (e.g. Yellow Pages), other advertisements, referrals from friends and relatives and trusted colleagues, the relevant law society.

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98) The lawyer will know and understand the client and his business. This will enable the lawyer to provide legal advice more efficiently (thereby reducing legal costs) and to customize legal advice (making it more useful). In addition, the lawyer will be more inclined to give priority to the longstanding client. 99) The Canadian Bar Association is a professional organization representing judges and lawyers. One of its purposes is to enhance the profession and the commercial interests of its members. 100) A provincial law society is a self-governing body for lawyers in a province. Its mandate usually involves regulating the legal profession, in the public interest. 101) Duty counsel refers to court lawyers who assist individuals who are not represented by a lawyer. 102) A business owner is usually not able to receive legal aid with respect to the legal issues involving the business, due to both substantive and financial eligibility requirements. 103) You will probably have to repay some or all of the benefits received from legal aid. 104) Fixed fee, hourly rate, and contingency fee. 105) For specific tasks, such as preparing a will, purchasing a house, or incorporating a business. 106) Disbursements (out-of-pocket costs incurred by the lawyer on the client's behalf). 107) Disbursements are out-of-pocket costs incurred by the lawyer on the client's behalf. They typically include court filing fees, long distance telephone charges, courier charges, expert fees, and photocopying costs. 108) A retainer works as a deposit. It is an amount paid by a client and deposited into a lawyer's trust account, to the credit of the client. When the lawyer bills the client, the amount owing is taken from the retainer. 109) The lawyer is paid a percentage of the amount a client collects from settlement or judgment. If the client does not collect anything, the lawyer does not receive anything. 110) In personal injury or product liability cases. 111) During the initial consultation. 112) It depends. For example, if the senior lawyer is able to work more efficiently than the junior lawyer, the overall fee might be lower for the senior lawyer. 113) The client does not need to pay any legal fees unless and until a settlement or judgment is obtained. Without contingency fee arrangements, some clients would not be able to afford a lawyer at all. 114) Termination of membership in the law society. 115) A reprimand, fine, suspension, disbarment, costs of the hearing. 116) You may be able to participate in a fee mediation service. If any mediation is unsuccessful, you can have your lawyer's bill reviewed by a court official. 117) They should not procrastinate, and may need to seek legal advice from another lawyer. 118) There is usually an attempt at mediation which, if unsuccessful, is usually followed by a formal investigation. This may result in a hearing before a panel. If the panel finds the lawyer guilty of misconduct, the lawyer faces a number of possible penalties. 119) Law tells us what we must do, while ethics tells us what we should do. 120) There are numerous possible responses. Examples provided in the text include: failing to serve a client in a timely fashion, failing to respond to clients, failing to disclose to a judge that another judge had previously refused the same application, swearing a false affidavit, poor accounting of a trust account, improper transfers from trust accounts, and misappropriation of trust funds. 121) If the behaviour is also criminal, the lawyer may face criminal charges. If the behaviour results in a client suffering a financial loss, the lawyer may also be sued. 122) Examples could include: conflicts of interest; protection and proper use of corporate assets and opportunities; confidentiality of corporate information; fair dealing; compliance with laws, rules, and regulations; and the reporting of any illegal or unethical behaviour. 123) Trustworthiness, respect, responsibility, fairness, caring, citizenship. 124) A formal statement adopted by a company that sets out its values and standard of business practices, essentially codifying a company's organizational values and establishing procedural norms and standards of expected behaviour. 125) An effective code of conduct is one of the best ways to ensure the long-term adoption of ethical behaviour by employees. 126) There is no prescribed format. 127) Creating and modeling an effective code of conduct.

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128) A sophisticated client is someone who understands the role a lawyer plays, when to represent himself or herself, when and how to hire a lawyer, the costs associated with hiring a lawyer, what to expect from the solicitor-client relationship, and what to do if dissatisfied with a lawyer's conduct. A sophisticated client puts aside negative attitudes associated with lawyers and seeks timely legal advice. Here students would be expected to discuss the ways in which a lawyer can help a business person make good business decisions. 129) Here students are expected to provide a variety of examples, including with regard to: forms of business organization; purchase of another business or its assets; compliance with relevant municipal, provincial, or federal laws; lease negotiations; review of financing documents; review or preparation of other contracts; advice regarding intellectual property issues; etc. 130) Here students should outline the search process, including suggesting sources of names of potential lawyers (from advertisements, referrals, the law society, etc.), and setting up a meeting for an initial consultation. Reference should be made to the importance of establishing mutual trust as the foundation for the lawyer-client relationship. It is not enough for a lawyer to be knowledgeable and successful; the lawyer must also practice in the relevant area and be someone who the businessperson feels they can trust. 131) Legal aid is available in limited cases to assist those with legal problems who cannot afford a lawyer. The provision for legal aid varies across the country and students may be required to provide details as to financial and substantive eligibility requirements specific to their own province. In any event, students ought to note that not everyone qualifies for legal aid, that even those who qualify may have to pay some legal costs, and that benefits must be repaid in some circumstances. Of particular relevance, a small business owner is usually not able to receive legal aid with respect to the legal issues involving the business. 132) There are three main ways that lawyers calculate their fees. First, a lawyer may charge a fixed fee for the work required, regardless of the time spent. This is often used for specific tasks, such as purchase or sale of real estate, preparation of a will, an incorporation, etc. Second, the lawyer may bill on the basis of an hourly rate for time actually spent. This is very common. Third, the lawyer may receive a percentage of the amount the client collects through a settlement or judgment. This is often appropriate for personal injury claims or in product liability cases. 133) A client may have complaints regarding the fees charged by the lawyer. In this case, the client could attempt to deal with the lawyer directly, may have access to a fee mediation service, and can ultimately have the lawyer's bill reviewed by a court official. A client may have complaints about a lawyer's conduct (other than related to fees). In this case, the client can go through the law society's complaint resolution process. Finally, a client may have suffered financial loss due to the lawyer's misconduct. In this case, the client should act quickly, and may need to seek legal advice from another lawyer. 134) Explain your answer, providing examples. Here students should recognize that while many businesspeople do conduct themselves in an ethical manner, not all businesspeople make good ethical choices. There is no general code of professional conduct for businesspeople, and there have been many recent cases of businesspeople engaging in questionable activities. Students could draw upon any one of a number of potential examples, including WorldCom, Enron, Martha Stewart, Conrad Black, to name only a few.

Chapter 2

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) In a CBC interview, a noted environmentalist said that if he were forced to choose between the lives of the last breeding pair of whales and those of a boatload of men who were out to kill them, he would sacrifice the men to save the whales. He cited the war-crimes trials after World War II for the principle that immoral laws should be resisted to protect "the higher good." This position exemplifies which one of the following? A) Legal realism B) The law of equity C) Natural law D) Legal positivism E) The law of the sea

2) Which of the following is correct with respect to the role of statutes in our legal system? A) In Canada, most new law follow the Civil Code legal system. B) Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he disagrees with it. C) A statute, if it is clear and concise and properly passed, will always override common law and equity. D) Where a properly passed provincial statute is in conflict with a well-established common-law principle, the statute will be void. E) Only the federal parliament may enact statutes.

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3) Which of the following statements is correct with respect to the sources of our law? A) The only province in which a judge is required to follow a comprehensive civil code is Ontario. B) The common law derived aspects of the law of families and estates from the French Civil Code. C) The Courts of Chancery developed the law of contracts. D) Equity is a system of law developed by the provincial legislatures. E) The term stare decisis refers to the practice of following precedent, which forms the basis of our common-law system.

4) With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true? A) The statute law never overrides the case law on the same point. B) A provincial statute cannot be struck down by the courts for being contrary to the Charter of Rights and Freedoms. C) The Supreme Court of Canada cannot strike down any statute passed by the federal parliament because "Parliament is supreme." D) The Supreme Court of Canada has the power to find the province didn't have the power to pass the statute, with the result that the statute would no longer be law. E) The courts cannot affect the meaning of the statute through subsequent interpretation. 5) Which of the following is true with regard to Canada's Constitution? A) Our Constitution consists of only the Charter of Rights and Freedoms. B) The Charter of Rights and Freedoms is a part of the BNA Act (1867). C) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone. D) The Constitution Act (1982) requires British Parliament to amend it. E) The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal parliament. 6) Uncle Max just immigrated to Canada and learned some things about our laws and constitution on the plane.

Which of the following things he heard is true? A) The Charter of Rights and Freedoms, part of the Constitution Act (1982), has been entrenched in our constitution and therefore cannot be changed. B) There are many aspects of our constitution we have inherited from the United States. C) Our federal parliament is supreme in enacting laws concerning municipalities. D) The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by the Queen Victoria. E) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning education and property in the province. 7) Which of the following statements about statutes is true? A) Statutes only apply when there is no common law covering the situation. B) Government regulations are considered supreme to statute law. C) Statutes often summarize or modify canon law. D) A statute may be only federal. E) Statutes are laws created by legislative bodies.

8) Which of the following is a legal right under the Charter? A) Everyone has the right to be employed. B) Everyone has the right not to be exposed to any unreasonable search and seizure. C) Everyone has the right to freedom of expression regardless if it interferes with the freedom of others. D) Everyone has the democratic right to vote regardless of age or mental capacity. E) Everyone has the right to not to be deprived of their property.

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9) 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 following statements he made is correct? A) Judge-made law in England came from two traditions, civil law and parliamentary supremacy. B) Today, we are governed by statutes passed by our elected representatives as well as by judge-made law. C) 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. D) The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law. E) All the provinces follow law that stemmed from the English common law. 10) Which of the following statements is correct with respect to our constitutional law? A) Neither the Federal or Provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process. B) The Constitution Act (1982) is the supreme law of Canada and overrides statutes. C) The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government. D) The Constitution Act (1982) was passed only by the English parliament. E) The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867). 11) Which of the following is correct with respect to the impact of the passage of the Charter of Rights and Freedoms in Canada? A) The Charter applies only to private disputes between individuals. B) The passage of the Charter has placed no limits on the supremacy of parliament. C) Section 33 allows parliament or the legislature to override any provision of the Charter providing they clearly state they are doing so "notwithstanding" the specific provision of the Charter. D) Section 1 of the Charter divides the powers between the federal and provincial governments. E) The passage of the Charter has given the judges more power than they had before its passage.

12) Which of the following is correct with respect to the Charter of Rights and Freedoms? A) The effect of the notwithstanding clause is to shift the power back to the judges. B) The parliament or provincial legislature cannot override a section of the Charter. C) Section 33 (the notwithstanding clause) only applies to all specified provisions of the Charter. D) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion. E) The federal or provincial legislature cannot override a person's right to free speech. 13) Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms? A) The provisions of the Charter only apply to government and to any government representative exercising a statutory power. B) The Charter does not specifically prohibit discrimination on the basis of sexual preference. C) Any provincial human rights legislation must comply with the provisions of the Charter. D) The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees. E) The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments.

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14) Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms? A) The passage of the Charter has increased the power of the courts. B) The passage of the Charter has shifted power from the federal to the provincial government. C) The passage of the Charter has led the provincial and federal legislatures to become more activist in making law. D) The passage of the Charter has shifted power from the courts to parliament. E) The passage of the Charter has placed significant limitations on the power of the judiciary.

15) Which of the following is true with regard to our legal system? A) Our constitution can be amended by the federal parliament acting alone. B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. C) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. D) If a case were heard before a provincial trial level court, the judge could apply legal principles and award only cash remedies. E) Case law overrides the statute law on the same point. 16) Which of the following is correct with respect to the definition of law? A) Law defined in practical terms as to what the court will do is a reflection of legal positivism. B) Law defined in terms of morality is a reflection of natural law theory. C) Law defined in terms of authority is a reflection of natural law theory. D) Law defined in moral terms is a reflection of legal positivism. E) Law defined in terms of authority is a reflection of legal realism. 17) Which of the following is the most usable definition of law? A) We must define law in terms of what people used to do. B) It is most useful to us to define law in terms of what we think people ought to do. C) We must define law in terms of what society needs people to do. D) It is most useful to us to define law in terms of what people do. E) We must define law in terms of what the courts will enforce. 18) Which of the following is an example of substantive law? A) The rule that hearsay evidence is not permitted in a trial

B) The rule that establishes the type of document by which an action is commenced C) The rule that a victim of fraud can sue D) The rule that any action under $10,000 must be brought in the small claims court E) The rule that a tort action must be commenced within 2 years of the action complained of 19) Which of the following is true regarding categories of law? A) Substantive law determines how procedural laws will be enforced. B) Criminal law involves the rules that govern our personal, social, and business relations. C) Procedural law establishes the limits on an individual's conduct. D) Private law includes constitutional law. E) Substantive law establishes the rights an individual has in society.

20) Which of the following is true regarding the history of the legal system used in England? A) Historically, kings and nobles worked together to establish a common system of justice. B) The early Norman kings failed to establish a feudal system, which allowed Roman civil law to take hold in England. C) Strained relations between the English and French kingdoms explain why England adopted Roman civil law as its system of justice. D) England alternately used common law and civil law legal systems, depending on the strength of the reigning king. E) During times when power was decentralized, local lords, barons, or sheriffs would administer justice.

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21) In terms of the development of the common law legal system, which of the following is true? A) Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility. B) Traveling courts, established by weak kings, provided a relatively unattractive method of resolving disputes. C) The courts of the nobles grew in power, eventually evolving into the modern courts of today. D) Trial by battle involved some psychological test. E) Trial by ordeal involved armed combat between the litigants or their champions.

22) The custom of following already decided cases is called A) common law. B) Ultra vires. C) Res judicata. D) civil law system. E) Stare decisis.

23) Which of the following will override a particular provincial common-law rule as articulated by a trial-court judge of the highest trial level court in the province? A) A contrary subsequent ruling by the Court of Appeal of the province B) A new provincial statute to the contrary in another province C) A contrary ruling by an appeal court judge in another province D) A similar subsequent ruling by a trial-court judge in another province E) A contrary ruling by a small claims court judge 24) Which one of the following statements is not accurate with respect to the Canadian legal system? A) The full normal route of a civil action is from a provincial trial court to a provincial Court of Appeal to the Supreme Court of Canada. B) The three major components of present Canadian law are the common law, equity, and statutes. C) The principle of stare decisis provides that courts within a province are bound to follow previous decisions on the same legal point from the courts of other provinces. D) The traditional supremacy of parliament to make law has been limited to some extent by the Charter of

Rights and

Freedoms. E) The original Canadian Constitution is now known as the Constitution Act (1867).

25) Which of the following is correct with respect to the civil law system? A) The code is persuasive only and the judges are free to disregard it where the situation warrants. B) The Civil Code governs all legal matters arising in Quebec including criminal actions. C) The system used in Quebec is based on Justinian's code rather than the Napoleonic Code. D) The Civil Code as used in Quebec covers private disputes between individuals. E) Quebec and New Brunswick use a system based on the French Civil Code. 26) Which of the following is correct with respect to the characteristics of stare decisis in the common law? A) It is based on trial by battle and trial by ordeal. B) It allows decisions of the courts to be predictable by the parties. C) Our statutes play the same role as the code used in the French system. D) This term refers to the role played by the law of equity in our system. E) It prevents a higher court from overruling a lower one.

27) Which of the following is correct with respect to the law of Quebec? A) The code used in Quebec is a variant of Justinian's code rather than the Napoleonic Code. B) The Quebec Civil Code was most recently revised in 1985. C) The code is binding and prior cases are just persuasive. D) The Civil Code used in Quebec is a direct copy of the Napoleonic code used in France. E) Once judges make decisions based on the code, it is those decisions that are binding on other judges faced with similar problems.

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28) Which one of the following is not generally recognized as a source of the common law? A) Local British customs and traditions B) The law merchant C) The law of equity D) Roman civil law E) Church (or canon) law

29) Which of the following statements best describes the law merchant? A) The law merchant is another name for the Sale of Goods Act. B) The law merchant is a body of law designed to control trade practices. C) The law merchant was designed to protect consumers from unscrupulous merchants. D) The law merchant is a body of law created by merchant guilds, which was incorporated into the common law. E) Our laws relating to consumer protection are derived from the law merchant. 30) Which of the following will a judge not apply in a Canadian court? A) Equitable principles B) Common law principles C) Constitutional law D) Roman law E) Statute law 31) The common-law courts refers to A) the court of common pleas, the court of king's bench, and the chancery court. B) the court of king's bench, the chancery court, and the court of equity. C) the court of king's bench, the chancery court, and the exchequer court. D) the court of common pleas, the chancery court, and the exchequer court.

E) the court of common pleas, the court of king's bench, and the exchequer court. 32) Which of the following was not one of the factors that led to the creation of the law of equity? A) The need for a supplement to the common law B) The adherence to precedent C) Stare decisis D) The outcome in the common law courts was unpredictable E) Rigidity in the common law courts 33) Which of the following is correct with respect to the law of equity? A) Equity refers to the amount still owing on a debt. B) Equity means fairness in our legal system. C) The Court of Equity was one of the original common law courts along with the Court of King's Bench and the Court of the Exchequer. D) Equity no longer exists; the courts were merged. E) Equity refers to the body of law created by the Courts of Chancery.

34) In R. v. Keegstra, the Supreme Court of Canada stated that A) the decision of a sub-ordinate court must always be followed, regardless of the specific facts of the case. B) decisions of the Supreme Court of Canada ought only be applied in federal cases. C) although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms. D) the doctrine of stare decisis no longer applies. E) provincial Court Judges have no authority to impose sentences in matters involving freedom of expression.

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35) In R. v. Clough, the BC Court of Appeal stated that A) the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided. B) decisions of the Supreme Court of Canada ought only be applied in federal cases. C) the decision of a senior court must always be followed, regardless of the specific facts of the case. D) the doctrine of stare decisis no longer applies. E) provincial Court Judges have no authority to impose sentences in matters involving criminal offences such as drug trafficking. 36) Which of the following is true in respect of delegation between the federal and provincial governments? A) The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government. B) The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government. C) Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business. D) Federal and provincial governments can delegate their powers to inferior bodies, such as boards and individual civil servants. E) There is no practical way for governments to overcome the prohibition against delegation. 37) With regard to the Constitution of Canada, which of the following is false? A) Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms. B) The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures. C) Our Constitution provides for a federal system of government, i.e., for two levels of government,

federal and

provincial. D) The Constitution Act (1867) (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures). E) The Constitution Act (1867) was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended.

38) With regard to the Constitution of Canada, which of the following is true? A) Our Constitution provides for a single system of government. B) The British Parliament can continue pass legislation that affects Canada. C) The Constitution Act (1982) provides which matters can be dealt with only by the federal government. D) The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures. E) Federal judges have been given the sole power to amend the Charter of Rights and Freedoms.

39) Jake was charged with an offence. Which of the following could not be a legitimate defence in any circumstances? A) He had a legal excuse for doing what he did. B) He did not do the act complained of. C) The legislative branch of government is the proper body to hear criminal cases. D) The legislation violated his Charter rights. E) The legislation creating the offence is beyond the authority of the body that created the offence.

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40) In which one of the following cases can the Supreme Court of Canada not override the will of the federal parliament? A) Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms. B) Parliament enacts legislation that is ultra vires. C) Parliament enacts legislation in an area outside their jurisdiction. D) The Supreme Court of Canada disagrees with the substance of the legislation. E) Parliament enacts legislation that is not clear.

41) Which of the following is true with regard to Canada's Constitution? A) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone. B) The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal parliament. C) Our Constitution consists of only the Charter of Rights and Freedoms. D) The Charter of Rights and Freedoms is a part of the BNA Act (1867). E) The Constitution Act (1982) requires British Parliament to amend it. 42) Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true? A) The decision to prorogue Parliament is specified in the Charter of Rights and Freedoms. B) The Queen has exclusive power to prorogue Parliament. C) The decision of whether to prorogue Parliament, or not rests with the Prime Minister. D) The decision of whether to prorogue Parliament, or not rests with the Governor General. E) The Governor General has the power to prorogue Parliament, but only if the Opposition party agrees. 43) In Chatterjee. v. Ontario, the Supreme Court of Canada A) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply. B) unanimously upheld the provincial law, since the dominant feature related to "property and civil rights", a provincial matter. C) held that only the federal legislation was invalid.

D) held that only the provincial legislation was invalid. E) held that both the federal and provincial legislation were invalid. 44) Which of the following is not a legal right under the Charter? A) Everyone has the right not to be deprived of life, liberty, and security. B) Everyone has the right to be presumed innocent until proven guilty. C) Everyone has the right not to be arrested or detained without being told why. D) Everyone has the right not to be subjected to any cruel and unusual punishment. E) Everyone has the right, if acquitted of an offence, not be tried for it again.

45) Ms. Lott was required by a provision in the B.C. school act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is false with regard to this situation? A) The federal legislature is the proper body to decide if the provincial school act is lawful. B) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms. C) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society. D) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination. E) The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act), can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.

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46) Regarding the Charter of Rights and Freedoms, which of the following statements is true? A) The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada. B) The Charter protects fundamental freedoms that apply only to relations between private citizens. C) Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians. D) Neither the federal and the provincial governments can change the provisions of the Charter without going through the constitution amending process. E) Any action by a government official violating the provisions of the Charter is not actionable under the Charter.

47) Which among the following was not a purpose of the Constitution Act (1982)? A) To protect individuals against acts of governments or their agencies that infringe on their rights B) To guarantee individual rights C) To list government enactments having constitutional status D) To redefine the role of the queen and her representative, the Governor General E) To place some limitations on the supremacy of parliament 48) Which of the following is correct with respect to limitations on the Charter? A) It only applies to the federal government. B) Interference with rights must be justifiable in a free and democratic society. C) It cannot be used by a resident who is not a citizen of Canada. D) It does not protect the rights of aboriginal people. E) It only applies to government employees. 49) Which of the following statements is correct with respect to human rights laws in Canada? A) All employers have an obligation to accommodate all of the religious practices and disabilities of their employees. B) Human rights in the federal area are protected by the federal human rights commission, which enforces

the Canadian

Bill of Rights. C) Federal and provincial human rights commissions are courts, and the commissioners are superior court judges with the rights and powers associated with that office. D) Protection against discrimination on the basis of sexual orientation is recent and not yet specified in some human rights statutes. E) From a business point of view, the Charter is much more important than the provincial human rights legislation.

50) Which of the following is correct with respect to the Charter of Rights and Freedoms? A) The federal or provincial legislature cannot override a person's right to free speech. B) The effect of the notwithstanding clause is to shift the power back to the judges. C) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion. D) The parliament or provincial legislature can only override a section of the Charter under the notwithstanding clause if they clearly state they are doing so and then wait 5 years before implementing the provision. E) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.

51) The Charter of Rights and Freedoms does not apply to which of the following? A) A human rights commission B) A restaurant C) The police D) The provincial cabinet E) A municipal council

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52) Which of the following statements is incorrect with respect to the application of the Charter of Rights and Freedoms? A) The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments. B) The provisions of the Charter only apply to government and to any government representative exercising a statutory power. C) Any provincial human rights legislation must comply with the provisions of the Charter. D) The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees. E) The Charter does not specifically prohibit discrimination on the basis of sexual preference. 53) Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated? A) When evidence is obtained in violation of a person's Charter rights, the court may exclude that evidence. B) The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter. C) The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor. D) The court is free to impose any remedy for a Charter violation that it considers appropriate. E) The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right. 54) Which of the following is a right or freedom guaranteed in the Charter? A) The right to have your children educated in any language B) The right to bear arms C) The right to vote in federal and provincial elections

D) The right to own property E) The right to be assured of a minimum level of income 55) Which of the following is correct with respect to language rights as set out in the Charter? A) Everyone in Canada has the right to have all federal and provincial government services provided in both English and French where numbers warrant. B) Everyone in Canada has the right to have their child educated in their choice of English or French where numbers warrant. C) Only Canadian citizens have the right to have their children educated in their choice of English or French where numbers warrant. D) Only federal government services must be provided in both English and French. E) Everyone in Canada has the right to have all federal and provincial government services provided in both French and English no matter where they are.

56) Which one of the following is a Charter right that the provinces could not override through the use of the notwithstanding clause (Section 33 of the Charter)? A) The right to be told why you are being arrested B) The right to move anywhere you want in Canada C) The right to worship who, how, or what you wish D) The right not to be subjected to any cruel or unusual punishment E) The right to not be discriminated against because you are black

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57) Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms? A) The passage of the Charter has shifted power from the courts to the parliament. B) The passage of the Charter has increased the power of both parliament and the provincial legislatures. C) The passage of the Charter has increased the power of the courts. D) The Charter has shifted power from the provinces to the federal government. E) The passage of the Charter has shifted power from the federal to the provincial government.

58) In Maple Ridge District v. Meyers, the Supreme Court of Canada A) struck down the legislative competence of Maple Ridge bylaw down as ultra vires. B) held that there was no gender discrimination. C) found that neither section 1 nor section 15 of the Charter could be applied to actions of the government. D) determined that the section 15 equality rights of females had not been infringed. E) concluded that the Maple Ridge District government was well within its Constitutional rights. 59) In Rothmans, Benson & Hedges Inc. v. Saskatchewan, the Supreme Court of Canada A) concluded that the federal and provincial legislation were not in conflict; one simply went further than the other. B) held that only the provincial legislation was invalid. C) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply. D) held that only the federal legislation was invalid. E) held that both the federal and provincial legislation were invalid. 60) Which of the following is true regarding human rights? A) There is still no legislative protection against sexual harassment. B) Human rights protection applies to all areas, without restriction. C) Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies. D) All remaining legal issues concerning human rights protection of same-sex relationships have been resolved.

E) Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations. 61) In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada A) determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred. B) found that the employer was required to take reasonable steps to accommodate the religious practices of an employee. C) decided that only certain religions are worthy of protection under human rights legislation. D) concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer. E) held that religious discrimination is acceptable in the workplace.

62) Which of the following is true regarding human rights legislation? A) Canada's first-ever human rights complaint concerning an Internet hate site involved Ernst Zundel. B) Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant. C) Human rights commissions cannot deal with complaints arising from business interactions. D) Material on the Internet is exempt from the application of human rights legislation. E) The mandate of human rights commissions is to encourage the government to follow principles of equality. TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 63) Law and morality are the same thing.

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64) The legal philosophy that defines law in terms of the authority of the person who passed it is called legal realism. 65) Substantive law deals with rules that establish a structure for enforcing rights and obligations. 66) Civil law is based on a codified system.

67) Judges in a common-law system base their decisions on other judges' decisions.

68) Stare decisis is the Latin term for following the Code.

69) A British Columbia judge is required to follow the decisions of a higher court in Alberta. 70) The common-law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people. 71) In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it. 72) Stare decisis can contribute to stagnation. 73) Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law. 74) Common law is also known as judge-made law. 75) Canon law refers to the law created by the Church.

76) The law of equity was developed in the Court of Chancery. 77) The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts. 78) Although the Courts of Chancery and common-law courts were merged, the bodies of law remain separate today. 79) The law of equity simply means fairness in our legal system. 80) Subordinate legislation includes regulations and municipal bylaws. 81) Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes. 82) Parliamentary supremacy is no longer completely in effect in Canada today. 83) Transfer payment schemes can allow the federal government to exercise some control over how a provincial government operates certain programs that fall with provincial jurisdiction.

84) Once a bill has received royal assent, it may be effective immediately or it may be effective on later proclamation. 85) All provincial bills require royal assent of the Governor General before they can become law.

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86) While the Charter of Rights and Freedoms protects individuals' rights from government abuses, there is still no legislation to protect individuals' rights from abuse by the public. 87) Sexual harassment is regarded as a form of discrimination on the basis of gender. 88) Legislation prohibiting all prison inmates from voting in federal elections was found to constitute an unjustified denial of the right to vote. 89) Everyone in Canada has the right to freedom of conscience and religion.

90) There are no limitations to the right of freedom of expression.

91) Laws which restrict collective bargaining are not subject to the Charter of Rights and Freedoms. 92) The Charter of Rights and Freedoms ensures Canadians can travel and live anywhere within Canada. 93) The Charter of Rights and Freedoms expressly prohibits discrimination on the basis of sexual preference. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 94) Why is law important? 95) The type of law that depends on a moral code or morality to define what the law is, is called ________. 96) The legal theory that defines law in terms of a command by someone in authority is called ________. 97) The theory of law that defined law in terms of what the courts actually do is called ________.

98) Contrast substantive law and procedural law. 99) Contrast public law and private law. 100) What role does the civil code system of law play in Canada? 101) Explain what role precedent plays in the civil code legal system. 102) When was the last time Quebec revised its Civil Code? 103) Explain what is meant by stare decisis. 104) Is the B.C. Supreme Court judge bound to follow an Ontario Court of Appeal decision? 105) What role does the decision made by an Ontario Court of Appeal judge have on a B.C. Supreme Court judge? 106) Indicate the three courts that together made up the common-law courts.

107) The body of rules developed by the Court of Common Pleas, Court of King's Bench, and Exchequer Court became known as ________. 108) What gives judges flexibility in deciding whether or not to apply a particular precedent? 109) Give two examples of other areas of law from which the common-law judges borrowed in order to create the common law.

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110) Explain why the law of equity developed.

111) The body of law developed by the Courts of Chancery is called ________. 112) The law of equity was developed by ________.

113) "If somebody did not like the decision of the judge in the common-law court, they could appeal to the Court of Chancery." Indicate what is wrong with that statement. 114) "The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement. 115) What is meant by a statute? 116) Explain the relationship between regulations and statutes. 117) Explain why statutes override the common law. 118) Which province in Canada continues to use a civil code system? 119) "Canada's Constitution is embodied in the British North America Act." Comment on the accuracy of that statement. 120) What is the significance of the Constitution Act (1867)? 121) Explain what is meant by the principle of the rule of law.

122) When we speak of parliamentary supremacy in Canada, which is based on a confederation between federal and provincial government, which level of government is supreme? 123) Give examples of areas that fall under federal jurisdiction. 124) Give an example of powers that are given to the Provincial government under Section 92 of the Constitutional Act (1867). 125) When an individual is faced with federal legislation and provincial legislation both dealing with the same subject matter, which should he obey? 126) How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers? 127) What is meant by the Revised Statutes of Canada? 128) How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy? 129) Why did we need the Charter of Rights and Freedoms?

130) What is the effect of the passage of Charter of Rights and Freedoms on the principle of supremacy of parliament? 131) Explain the limitations on the application of the Charter of Rights and Freedoms.

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132) "An individual who is refused service at a restaurant because of his race has had his Charter rights violated." Comment on the accuracy of this statement. 133) What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms? 134) Indicate what kind of personal freedoms are protected under the Charter. 135) Indicate the kind of democratic rights protected under the Charter.

136) What kind of rights are protected under the heading of mobility rights in the Charter? 137) What kind of legal rights are protected under the Charter?

138) Explain what is meant by the term "principles of fundamental justice." 139) What kind of equality rights are protected by the Charter of Rights and Freedoms? 140) How are language rights protected by the Charter of Rights and Freedoms? 141) Explain how the rights set up in the Charter of Rights and Freedoms are limited. 142) Explain how Section 1 of the Charter of Rights and Freedoms limits those rights and freedoms. 143) How does Section 33 limit the rights set out in the Charter of Rights and Freedoms? 144) "The Charter of Rights and Freedoms is separate from, and therefore has no bearing on, other human rights

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126) Through such schemes, the federal government can exercise influence over how a provincial government operates programs under provincial control. 127) Every so many years the statutes are summarized and brought up to date. When this happens, it is referred as the Revised Statutes. The last time this was done in Canada was 1985. Hence the Revised Statutes of Canada (1985). 128) Prior to 1982, in theory at least, parliament was supreme. Either the federal government or the provincial government had the power to pass all types of legislation. After 1982, however, the Charter placed limitations on that power, thus redirecting power to the courts and limiting the principle of supremacy of parliament. 129) Although we relied on the parliamentarians, before the passage of the Charter, to protect basic rights and freedoms, there are enough examples of violations of those basic rights and freedoms in recent times to cast doubt on whether there were sufficient safeguards. Thus, the Charter of Rights and Freedoms was passed to place a check on the power exercised by the parliamentarians. 130) Prior to passage of the Charter, reliance was placed on the parliamentarians to protect basic rights and freedoms. Subsequent to the Charter, that same reliance is now placed on the judges in the court. There has been a transfer of power from the parliamentarians to the courts, and to that extent at least it can be said that parliament is no longer supreme. 131) The Charter only applies to public matters such as government and the laws they create. This applies to the federal, provincial and municipal levels of government. 132) The Charter of Rights and Freedoms is not intended to cover this situation; it's not a public matter involving government, rather, a private matter between citizens. That must be dealt with by the local human rights legislation in the province. However, if that local human rights legislation does not counter this situation, then that human rights legislation, which is an act of the government, can be challenged under the Charter. 133) A "sunset clause" is applied to the operation of section 33. If the notwithstanding clause is invoked, the statute must be re-enacted by that legislative body every five years. 134) Freedom of conscience, religion, freedom of belief, opinion, expression, freedom of peaceful assembly and association. 135) The right to vote, the requirement that elections be held on a regular basis, and that the legislature be elected and sit at least once a year. 136) The rights of Canadians to travel and live anywhere within the geographical limitation of Canada, and the right to earn a livelihood in those areas. 137) The rights to life, liberty and security of person and not to be deprived thereof, except in accordance with the principles of fundamental justice; the right to be free from any unreasonable search and seizures; the right to be free of arbitrary imprisonment; the right to be informed about why we are arrested; the right to retain counsel; the right to be tried within a reasonable time; the presumption of innocence; the right not to be tried twice for the same offence; the right not to be subjected to any cruel and unusual punishment. 138) This is similar to the American "due process" or the rules of natural justice. A person is entitled to a fair hearing, including an opportunity to have notice of the charges that are brought against him, an opportunity to speak to those charges, to present his side of the case, the right to cross-examine witnesses if necessary to determine the validity of the accusation or charges, the right to be tried by somebody free of bias. 139) The Charter prohibits discrimination of the bases of sex, religion, race, age, colour, mental or physical disability, and national or ethnic origin. It also states that equality of male and female is guaranteed and that aboriginal rights of the Native peoples are not affected in any way. (NOTE: Section 15 of the Charter is really broader than this and prohibits any form of discrimination.) 140) The Charter gives French and English equal status and protects the right of minorities to use those languages, including the right to have your children educated in one of those languages providing it is the first language of the parents or they received their primary education in that language. 141) 1. The Charter only applies to public matters and government relations. 2. Section 1 of the Charter limits the rights and freedoms so that they can be interfered with where to do so could be "demonstrably justified in the free and democratic society." Section 33, the "notwithstanding clause," allows the provinces or the federal government to override Section 2 or Sections 7-15 by so declaring in the legislation. 142) Legislation can be passed inconsistent with the rights set out in the Charter of Rights and Freedoms where to do so can be justified in a free and democratic societyin other words, where it is reasonable to do so. 143) This is the "notwithstanding clause"; it allows the government, for a period of five years, to override the rights set

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out Sections 2 and 7-15 of the Charter by so stating in the legislation. At the end of five years, such overriding legislation in lapses and must be passed again. 144) The statement is inaccurate. Because the Charter requires that every individual have "equal protection and equal benefit of the law", the courts will essentially rewrite human rights legislation that is found to be under-inclusive (such as in Vriend v. Alberta with respect to sexual orientation). 145) Students should note that is not possible to define law in a single, all-inclusive way, and that philosophers have been trying to define law for centuries. Students should identify the different ways in which law has been defined. In particular, law has been defined in moral terms (natural law theorists), defined by looking at its source (legal positivists), and defined in practical terms (legal realists). For purposes of studying business law, law can be defined as the body of rules that can be enforced by the courts or by other government agencies. Students ought to recognize that this definition of law has limitations, as it does not suggest what is just or moral. 146) The student should relate how equity developed and why. The inadequacies of the common law led to the need for equity. Problems with the common law included the fact that stare decisis caused stagnation, and the remedies provided in common law were inadequate. This led to people petitioning the king for relief. Eventually this is taken over by the chancellor, and the Court of Chancery developed. The body of law called equity was developed by the Court of Chancery. It supplements the common law. But the Chancery Courts also became stagnant. Equity also became inadequate and unfair. Eventually the courts merged but not the separate bodies of law. Equity is the body of law developed by the Courts of Chancery and, although the courts were merged, the bodies of law remain distinct. Today the law of equity is applied by judges along with the common law and statutes. 147) Students should point out that equity is that body of law developed by the Courts of Chancery and may or may not be fair in modern terms. This requires a discussion of how equity developed and why as discussed above. The student should comment on the inadequacies of the common law, including the use of stare decisis causing the development of law to stagnate, and the inadequate common-law remedies. This led to people petitioning the king for relief. This was taken over by the chancellor and eventually the Court of Chancery developed. Equity then is the body of law developed by the Court of Chancery and it is intended to supplement the common law. But the Chancery Courts also became stagnant with their own serious problems, so much so that the law as administered in those courts was not much better than in the common law courts. Equity then does not mean fairness but that body of law developed in the Courts of Chancery, and it may or may not be fair by today's standards. The two courts' structures were merged but not the bodies of law. The answer should show that students understand that the law of equity was developed by the Chancery Court and hopefully is fairer than the common law, but that it is a mistake to equate equity with fairness in our legal system. 148) Students should explain how equity and common law are judge-made law and that statutes are made by parliament or by the provincial legislatures. They should also explain that equity was created as a supplement to the common law to overcome its harshness and rigidity. Since parliament is supreme, its acts override judge-made law, and thus statutes override common law and equity. If there is no overriding statute, a judge will apply either equity or common law, depending on the subject matter and what is asked for in a given case. The constitutional authority of the body passing the statute with reference to the Constitution Act (1867) and the Charter will determine its validity. The statute will normally only override judge-made law if its provisions are specific and unambiguous. Students' answers should show that they understand not only what statutes, equity, and common law are as the components that make up our law, but also where they come from and how they are applied in our courts today. 149) Students should describe the nature of Canada's constitution and the place of the BNA Act in it. They should point out that Canada has a constitution similar to Great Britain's, that it is unwritten in the sense that it is not contained in just one document, and that all of the great English constitutional traditions are also part of our constitution. These traditions include the rule of law, the Magna Carta, and the supremacy of parliament. Students should also state that the BNA Act was an act of the British Parliament; that it created Canada as a confederation; that its primary significance today is that it divides powers between the federal and provincial governments; and that today it is called the Constitution Act (1867). Students' answers should show that they know not only what the BNA Act is but also how it relates to the other elements of Canada's constitution and just what the overall nature of that constitution is. 150) Students should describe how the Constitution Act (1867) assigns different powers to the federal government (under

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s. 91) ncial governments (under s. 92). The key to this question is a discussion of the prohibition on direct delegation. and Students should explain how indirect delegation can be used to overcome the problems this creates. Agreements to to share powers, such as transfer payment schemes, should also be discussed. Good students will also raise the the possibility of constitutional amendment, and the process required to accomplish this. Students would be expected provi to refer to certain historical examples, such as employment insurance. 151) Students should summarize the traditional passage of bills from both a provincial and a federal perspective, making note of key differences. Provincially, bills are introduced in the Legislative Assembly with a first reading(usually without debate), followed by a second reading (and debate), then review (and possible amendment) by the Committee of the Whole, and a third reading (with final debate and vote). Mention should be made of the requirement of royal assent by the Lieutenant-Governor, noting that some legislation is effective immediately while other legislation is not effective until later proclamation. Federally, the process is similar, but not identical. Students should point out that federal bills are subject to three readings in each of two houses (the House of Commons and the Senate), that there are variations involving review by Committee, and that royal assent for federal legislation falls to the Governor General. 152) Students should describe the nature of the Charter of Rights and Freedoms, why it was needed, and how it affected the rest of Canada's legal system. Before the Charter, there were few restrictions on government because of supremacy of parliament. There was a need for overall entrenched rights that controlled the actions of government and government officials and agents including the police. It is important that they indicate that the Charter only applies directly to governments but indirectly affects individuals' relations with each other because provincial and federal human rights legislation and other statutes must conform to the Charter. They should show that the Charter shifts power to the courts, that parliament is no longer supreme, but also that there is an exception with the notwithstanding clause. Students' answers should show that they know what the Charter of Rights and Freedoms is, why it was passed, and that it fundamentally altered the relationship between the courts and parliament in this county. 153) Here students are expected to discuss the three major limitations on the Charter (Sections 33, 32, and 1), but also to explain how those limitations work with respect to the application of the Charter in our courts. They should indicate that the purpose of the Charter was to limit the power of government. Section 32 limits the application of the rights and freedoms specified in the Charter to the federal and the provincial governments. The Charter applies to legislation, regulations, and bylaws passed by all levels of government, and it also applies to actions by government officials carrying out their official functions. The Charter applies to all representatives of the government exercising statutory authority, including police and other law enforcement bodies. The Charter does not apply to private relations between individual persons. Section 33 allows the parliament or legislature through legislation to override certain sections of the Charter, but they can only override Section 2 and Sections 7 to 15. These are important provisions of the Charter. To override the Charter in this way, they must clearly state that the provision applies notwithstanding the specific provision of the Charter. This must be repeated every 5 years. Section 1 allows reasonable exceptions to the application of the rights and freedoms listed. They must be reasonably necessary (justified) and must not go further than necessary to accomplish the reasonable goal. Therefore, the rights and freedoms set out in the Charter are not absolute. Students' answers should show that they understand that the rights and freedoms set out in the Charter are not absolute, that it only applies to government action, and that power has been given to the provinces and federal government to specifically override some important provisions of the Charter. 154) Students should identify the legislation currently in force in your jurisdiction and explain how this legislation applies to general public. The protected areas (such as public services, employment practices, etc.) should be outlined, and examples of prohibited grounds of discrimination should also be raised. Students should explain how the duty to accommodate those facing discrimination applies, along with exceptions to this rule (e.g. bona fide occupational requirements, etc.). Students' answers should reveal that they understand that compliance with such legislation should be regarded as a necessary cost of doing business.

Chapter 3

MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) (Modify this question for your province.) Fred sold Carole his old MacIntosh computer and the printer with eight programs for $2900. After she paid $1000, Carole quit paying. When she had no complaint about the computer, printer or programs but just wouldn't pay, Fred decided to sue. He would most likely begin his action in: A) Criminal Division, Provincial Court B) B.C. Court of Appeal C) Small Claims Division, Provincial Court D) B.C. Supreme Court E) Federal Court

2) With regard to the process of a civil law suit, which of the following is true? A) A "counterclaim" is an action by the defendant back against the plaintiff. B) The plaintiff must prove his case on the balance of probabilities, not beyond a reasonable doubt. C) Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. D) The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. E) All of the above.

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3) Which one of the following statements with regard to the characteristics of civil and criminal actions is true? A) If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. B) The prosecutor must prove his case based "upon a balance of probabilities". C) In a criminal case, an individual person is taking the action against the accused. D) A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. E) The person who begins a civil action is usually called the "prosecutor."

4) Which of the following is correct with respect to the litigation process? A) A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. B) A counterclaim is brought by the plaintiff who is then claiming against the defendant. C) Even though a judgment is obtained, payment is not assured. D) An offer to settle brings to an end the parties' right to proceed to trial. E) An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial. 5) Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1 000. Ewen agreed to lend him this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce had recently completed some plumbing work for Martinson for which he was owed $2 000. If Bruce failed to pay Ewen on June 14, which of the following is true? A) Ewen could sue Martinson for violation (breach) of the contract. B) Ewen could execute against Bruce even if he had not obtained judgment against him. C) Ewen could serve Martinson with a garnishing order after obtaining judgement commanding him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. D) Ewen does not have to wait to obtain a judgment before executing against Bruce's assets. E) If Ewen obtained a judgment against Bruce, he could compel him to be examined about Martinson's income, property, and debts.

6) With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true? A) The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts. B) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. C) Common law overrides case law on the same point. D) The courts cannot affect the meaning of the statute through subsequent interpretation. E) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 7) When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which one of the following courts will we get the most authoritative precedent, i.e., the most binding ruling? A) The Federal Court of Appeal B) The Manitoba Court of Queen's Bench C) The Supreme Court of Canada D) The Ontario Court of Appeal E) The Supreme Court of B.C.

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8) (Modify this question for your province.) James sued XYZ Company for $100,000 for negligence in the construction of an airplane. James alleged that because of this negligence the plane crashed and he sustained a serious back injury. In which one of the following courts should he bring this action? A) Small Claims Court B) Federal Corporation Court C) B.C. Supreme Court D) County Court E) B.C. Court of Appeal

9) Which of the following is false with regard to our legal system? A) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. B) Our constitution can be amended but not by the federal parliament acting alone. C) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. D) Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning. E) If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 10) (Modify this question for your province.) Which of the following is false with respect to our court system? A) The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both the legal and equitable principles and remedies. B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. C) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case. D) A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. E) There is no monetary limitation on the B.C. Supreme Court; i.e., the case may involve any amount of money. 11) With regard to the process of a civil law suit in a superior court, which of the following is true? A) An action is usually commenced by issuing a chambers application. B) The writ is a document issued by the defendant to indicate that he or she will defend against the action.

C) 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. D) The plaintiff must prove his case on the balance of probabilities. E) Once a statement of claim is served, the next step is the trial. 12) Which of the following is true with regard to our court system? A) At the court of appeal level, judges are only bound by statute law. B) There is no maximum monetary limit on a matter before the superior trial court of the province. C) Only the plaintiff could appeal a decision of a judge of the provincial court. D) The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. E) If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity.

13) In which of the following situations would the court likely be closed to the public or the press barred from publishing the proceedings? A) When the matter involves sexual misconduct and is embarrassing to the accused B) When the matter involves drunk driving C) When the government is one of the parties D) When large corporations are involved and the testimony involves economically sensitive material E) When children are involved

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14) Which of the following is correct with respect to the function of our court system? A) The court must be satisfied that it was more probable that the accused committed the crime than not. B) The victim of the crime is the one who prosecutes the action in the court. C) The court must be satisfied that the plaintiff's position is correct on the balance of probabilities. D) A victim is the plaintiff in a criminal matter. E) A jury can only be used in a criminal matter.

15) June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have? A) If she is charged criminally and acquitted, she can still be sued for negligence by the injured driver. B) If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. C) The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally. D) She can opt for a jury trial only if the criminal trial proceeds in the provincial court. E) If she is charged criminally for drunk driving and acquitted, that is the end of the matter. She cannot be tried again criminally or sued civilly. 16) Which of the following is correct with respect to our courts? A) All criminal matters are dealt with in the Federal Court and Federal Court of Appeal. B) The appointment of a Court of Appeal judge is a matter for the federal government. C) All judges are appointed by the federal government. D) All courts are the same, province to province. E) All judges are appointed by the provincial cabinet. 17) Which of the following is correct with respect to the jurisdiction of the various courts mentioned? A) At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. B) The procedure used in small claims courts is identical to that used in superior level courts. C) Young offenders are now tried in the adult criminal court. D) Divorce is a matter for a superior court.

E) At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge. 18) Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action? A) The surrogate court B) The small claims court C) The family court D) The superior trial court E) The provincial youth court 19) (Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up when joy riding. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province? A) The superior trial court B) The small claims court C) The family court D) The youth court E) The surrogate court

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20) Mildred and Sam's marriage breaks up, and a creditor is suing Mildred for $5,000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province? A) The family court B) The small claims court C) The surrogate court D) The superior trial court E) The provincial youth court 21) Mildred and Sam's marriage breaks up, and Mildred wants possession of the house to raise the kids. Which court would deal with this action in your province? A) The family court B) The surrogate court C) The small claims court D) The provincial youth court E) The appellate court

22) Which of the following involves a question of law rather than a question of fact? A) James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names. B) James owed Joe money, and Joe claimed he had paid it back two years ago. C) James and Joe were in an automobile accident, and Joe claims that James was speeding. D) James was accused of fighting and causing injury to Joe, but James claims that Joe was the aggressor. E) James claimed that Joe called him nasty names and sued for slander. Joe says that he did make some negative statements, but that they were all true. 23) Which of the following accurately reflects a recent change to the court system? A) The Nunavut Court of Justice is Canada's first single-level court. B) Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. C) Sentencing circles are "circuit courts" which travel throughout rural areas to hear cases. D) Unified family courts have made the court process significantly more complicated, because of added court procedure and complex rules. E) Drug treatment courts have been established in certain jurisdictions, where the emphasis is on lengthy

jail time and

other severe penalties.

24) Which of the following is correct with respect to the Supreme Court of Canada? A) The Supreme Court of Canada can make some decisions that bind both the federal parliament and provincial legislatures. B) The Supreme Court of Canada is made up of three judges from each province and one from each territory, although a quorum consists of only nine judges. C) The Supreme Court of Canada has the power to override parliament in all areas. D) The Supreme Court of Canada deals with disputes arising from matters in the federal system (matters given to the federal parliament under the Constitution Act (1867)); anything else must be handled by the provincial courts. E) The Supreme Court of Canada is always subject to decisions made by the federal parliament. 25) In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that A) There is no limitation period to civil cases. B) when a person sues for negligence, there must also be a breach of contract or the action will fail. C) if a claim filed after the expiration of the limitation period, and the special circumstances doctrine no longer applies, the action would be prohibited. D) limitation periods do not apply to negligence claims. E) limitation periods do not apply to claims for breach of contract.

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26) Several provinces have implemented 'mental health courts'. These specialized courts focus on A) single-level courts whereby judges in this court are given the powers of both the superior trial courts and territorial courts for those with mental disorders. B) cases involving aboriginal offenders and victims. C) the treatment and rehabilitation of those who have committed criminal acts due to mental disorders D) the punishment of those who have committed criminal acts due to mental disorders E) domestic violence cases involving spousal, elder, and child abuse.

27) In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes A) only alternative dispute resolution is possible. B) specific performance is the only possible remedy. C) damages and specific performance must both be awarded. D) neither damages nor specific performance will ever be available. E) specific performance should not always be considered the appropriate remedy. 28) Which of the following statements concerning limitation periods is true? A) Government bodies are above the law. B) Limitation periods are invalid, because they are ultra vires. C) The relevant limitation period applies to even government bodies. D) Limitation periods are invalid, because they offend the Charter of Rights and Freedoms. E) Government bodies are exempt from limitation periods. 29) In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which one of the following? A) Default judgment B) The statement of defence C) The appearance D) Stare decisis E) Examination for discovery 30) (Modify this question for your province.) Which of the following is the document that initiates a court action in

this

jurisdiction? A) Appearance B) Statement of defence C) Statement of claim D) Discovery E) Writ of summons 31) If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called A) special damages. B) compensatory damages. C) punitive damages. D) derogatory damages. E) general damages.

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32) Hank sold three properties for Mr. W and had been paid his commission for the first, but not for the last two. Hank had done everything according to the contract and according to the relevant statutes, but Mr. W wouldn't pay. Hank knows that Mr. W has a bank account with the Bank of Montreal and has money owed to him from a Mr. Gregory. If Hank successfully sued Mr. W., which of the following would be false? A) Hank could force the bank to pay into court an amount of money from Mr. W's account to satisfy the debt. B) Hank could personally seize the property of Mr. Gregory to satisfy the debt. C) Hank could examine Mr. W under oath to determine what assets he has. D) Hank could get an order commanding a government official to seize enough of Mr. W's goods to satisfy the judgment debt. E) The lawsuit commenced by Hank against Mr. W would have been for breach of contract.

33) With regard to the process of a civil law suit in a superior court, which of the following is false? A) Court costs are an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. B) Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. C) A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery. D) The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. E) If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial; he merely reads the admissions from the transcript of the examinations. 34) The procedure that allows a judgment creditor to ask a judgment debtor about his income, property, and debts is which of the following? A) Examination in aid of execution B) Seize or sue rule C) Execution D) Secured transaction E) Garnishee procedure 35) Mr. Holden, a program developer, had a successful business helping small firms and shops computerize their businesses. In his spare time, he developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several monthsuntil a competitor came out with a cheaper program. In time, he could not pay his debts when they became due and owing. A

supplier damages and was awarded $21,000. Holden did not pay. With regard to the supplier's position at this time, sued for which of the following is false? A) The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. B) The supplier could examine Holden under oath about his assets and sources of income. C) The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt. D) The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. E) Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 36) Which of the following is incorrect with respect to the function of the small claims court? A) The monetary jurisdiction of the court is limited. B) The recovery of costs to compensate for legal fees is severely limited. C) Lawyers usually don't attend. D) The procedure is the same as the provincial superior trial court. E) The provincial government appoints the judge.

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37) Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada? A) You can sue where you live, where the defendant resides, or where the action arose. B) You can only sue where the defendant resides. C) You can only sue where the action arose. D) You can sue where the defendant resides or where the action arose. E) You can sue in the federal court, where the defendant resides, where the action arose, or where you live.

38) Which of the following is correct with respect to the enforcement of judgments? A) The parties to a contract can specify that the civil law of another jurisdiction is to apply to the transaction. B) Once a judgment is obtained, that judgment can be enforced anywhere in the world. C) To enforce a judgment in another jurisdiction, that case must always be heard all over again. D) Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. E) A judgment can only ever be enforced in the jurisdiction where it is obtained. 39) Which of the following is true with respect to recent litigation reforms? A) The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta. B) Several provinces have started mandatory case management, which involves judicial supervision of the litigation process. C) Mediation is compulsory in every common law province except for Ontario. D) Summary trials in Alberta and British Columbia require all evidence to be presented orally, to save the time associated with document preparation. E) Small claims court procedures are becoming more complicated in all jurisdictions in order to dissuade parties from availing themselves of the court system. 40) Which of the following is correct with respect to the use of a jury in your province? A) A jury can be used only at the court of appeal level. B) Juries are no longer used in Canadian courts. C) A jury can be used at the provincial court level in criminal matters only.

D) Juries may be available in both criminal and civil matters at the superior court trial level. E) A jury can be used at the superior court trial level, but only for criminal matters. 41) Which of the following is not one of the requirements of natural justice? A) Notice of the hearing B) The evidence be heard by the person making the decision C) The decision be made free from bias D) An opportunity to present your side E) The rules of evidence be adhered to 42) Which of the following statements is correct with respect to the functions of government? A) The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. B) The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation. C) The executive branch of government consists of the federal parliament and the provincial legislative assemblies. D) The judicial branch of government consists of the police forces and the RCMP. E) The executive branch of government consists of those senior clerks working for the ministers.

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43) A privative clause is which of the following? A) The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. B) A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. C) Privative clauses are those sections of the charter with respect to personal freedoms. D) A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. E) Privative clauses restrict certain people from participating in administrative tribunals.

44) Which of the following is not a rule of natural justice? A) A person must be given an opportunity to put his side forward. B) A person must be allowed to retain a lawyer. C) A person affected by a decision must be notified that the decision is to be made. D) The decision maker must be impartial. E) A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend himself. 45) When a government administrator refuses to make a decision that she is required to make by statute, which of the following remedies is the appropriate one to obtain from the courts? A) Mandamus B) Injunction C) Declaratory judgment D) Prohibition E) Certiorari 46) Which of the following is false with regard to administrative law? A) A writ of mandamus can force the administrator to perform his or her duty. B) If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. C) A privative clause will always successfully prohibit the courts from reviewing a decision made by a

tribunal. D) A writ of certiorari renders the decision of an inferior body as having no legal effect. E) A court can exercise its right of judicial review when an error of law on the record has been made. 47) Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy? A) With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal. B) Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. C) The federal parliament is now supreme and can override anything done by the provincial legislatures or the courts. D) Now in Canada there is an effective system of checks and balances where the prime minister on some occasions can overrule decisions made by parliament or the Supreme Court of Canada. E) The power of the parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution.

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48) Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways. His application was refused. Which one of the following would not be a ground upon which the decision of that clerk could be challenged? A) The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments. B) The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make. C) The clerk owned his own large truck that operated in competition with Joe in the same small community. D) The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance. E) The clerk exercised a discretionary power given to him under the legislation.

49) In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions? A) The Court confirmed the decision because the immigration officer had acted appropriately. B) The Court declined to hear the case, because Courts have no authority review board decisions. C) The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms. D) The Court set aside the decision, and ordered another hearing be held since there was a reasonable apprehension of bias. E) The Court confirmed the decision because the process followed by the hearing was proper in the circumstances. 50) In Ahumada v. Canada (Minister of Citizenship and Immigration), what did the Federal Court of Appeal decide was the test for bias in those circumstances? A) Is there clear evidence proving bias beyond all reasonable doubt? B) Did the tribunal willfully and deliberately make a decision from a position of bias? C) Considering the matter subjectively, would a panel member have believed he or she was capable of bias at the time of the decision? D) Did the person alleging actually feel that the tribunal was biased? E) Would a reasonable person informed of the facts think it more likely than not that the tribunal was biased? 51) In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question? A) Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms?

B) Is the tribunal acting within the power given to it by statute? C) Did the tribunal follow the rules of natural justice? D) Is the statute that created the tribunal ultra vires under the Constitution Act (1867)? E) Did the tribunal make the same decision that a court would have made? 52) Which of the following statements regarding administrative law is true? A) Administrative tribunals are part of the legislative branch of government when they make rules, and are part of the judicial branch of government when the hold hearings. B) Administrative tribunals tend to be less efficient, slower, and more costly than the courts. C) Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards. D) A government bureaucrat acting in a regulatory capacity can do anything incidental to the performance of her job. E) As long as government agents administer government policy, individuals have no right to challenge their authority.

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53) In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal? A) Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it. B) Joe, a student, was refused a graduate research grant to study the Moslem religion by a government funding body because it was inappropriate, Joe being Jewish. C) Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality. D) Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee. E) Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.

54) Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to dat e on the relevant legal issues facing her business, but she always acted ethically and treated her customers well. After a number of notices from the municipality went unanswered, Sandamali had her business licence withdrawn. Which of the following would not be grounds upon which she might challenge the decision? A) The regulations relied on were not authorized by statute. B) The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power. C) The legislation was invalid under the Charter of Rights and Freedoms. D) The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act (1867). E) The legislation was intra vires. 55) Sam operated a restaurant and George, a health inspector, visited the premises. Finding that one of the waiters had AIDS, George ordered the restaurant closed, using a section of the regulations allowing such closures to prevent the spread of contagious diseases. Sam was very unhappy about the loss of business but didn't want to fire his waiter. He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS, even though AIDS had been

specifical ly included in the regulations. Which of the following is incorrect with respect to Sam's legal position? A) Sam can reopen the restaurant. B) Sam can challenge the action even though the closure was authorized in the regulations. C) Sam can ask for an order of prohibition to prevent any similar action in the future. D) Sam can bring a court action for certiorari to have the decision of the health inspector quashed. E) If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do.

56) Max operated a video store in a small community, and because of financial problems, decided to show pornographic movies. The citizens were outraged when they learned about the change and demanded that the police close down the store. The police refused, saying there was no law against it. The citizens then persuaded the town council to pass a bylaw making such immoral activities a crime. This was done, and Max was ordered by the police to close down the theatre. Which one of the following accurately describes Max's legal position? A) Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants. B) He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. C) He can stay open but cannot advertise in any way to promote this activity. D) He must close down the theatre because the town council has the power to require him to conform with such a provision. E) He can stay open because the town council had no power to make such activities a crime.

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57) Consider the following statements with respect to the exercise of governmental powers. Identify the false statement. A) The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. B) Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. C) Statutes often restrict the power of government officials. D) The exercise of governmental power is subject to a number of constitutional limitations. E) The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 58) Jones operated a local movie theatre in a small town that had fallen on hard times. As a last ditch effort to attract customers, he decided to show pornographic movies. From the week the change was made, the theatre had to turn away customers on a regular basis. The local town council was quite upset, however, especially since a number of them represented a conservative and religious constituency. They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that. They then decided to increase the licence fee from the regular $50 per year to $15,000 per year. Jones was notified of the fact that this course of action was being considered, and he was given a chance to appear before the council to state his case. He did so, but the council decided to go ahead with the decision in any case. This, of course, would force Jones out of business, and so Jones, after exhausting any local remedies and appeals, took the matter to court. Which of the following accurately indicates the legal position of the parties? A) The municipal council's decision will stand since this is a proper use of their licensing power. B) Jones will be successful and will seek an order of mandamus. C) Jones will not be successful since the decision has been made and he has exhausted his remedies. D) Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction. E) Jones will be successful and will seek an order of prohibition.

59) Joe owned a house and wanted to make an addition that would double its size. He applied to the city hall for a building permit but was amazed at a new policy instituted by the engineering department, restricting the size of all buildings to 50% of the lot size. This was considerably less than what he wanted, and his request for a building permit was refused. Angry, he decided to proceed anyway. What should Joe do with respect to his legal position? A) If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made. B) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus. C) If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction. D) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari. E) Even if Joe finds out that the city council is planing to take action against him, there is nothing he can do as he did fail to get a permit.

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60) Taisa was a massage therapist who ran a successful business from her home. One of her long-time clients, Greg, owed her a considerable sum of money relating to unpaid massage therapy sessions. Greg was reluctant to pay because he was unhappy with the services he had received. Which of the following is true? A) If her primary concern is the ability to appeal the decision made, Taisa should consider an alternative form of dispute resolution. B) If her primary concern is to keep costs low, Taisa should commence a civil action against Greg as soon as possible. C) Taisa needs to commence a civil action, as alternative forms of dispute resolution are not available in commercial disputes. D) If her primary concern is to preserve her relationship with Greg, Taisa should consider an alternative form of dispute resolution. E) If her primary concern is to ensure the dispute is kept private, Taisa should commence a civil action against Greg.

61) Which of the following cases would be a good one to mediate? A) A case where the parties want to maintain goodwill B) A case where the parties do not trust each other C) A case where the parties want a high degree of public visibility D) A case where the parties want to ensure the right to appeal E) A case where the parties are not concerned about costs and delays 62) Which of the following is an advantage of using ADR? A) Sets a binding precedent B) Ensures full disclosure C) Speedy resolution D) Lengthy process E) More expensive than litigation 63) Which of the following statements is correct? A) The parties to a dispute lose control in negotiations. B) Privacy is maintained in an adjudication. C) Goodwill is most likely maintained in litigation. D) ADR agreements are enforceable or appealable.

E) There is a great deal of flexibility in negotiation/mediation. 64) Which of the following is an advantage of the mediation process? A) Overcomes power imbalances B) Consistent outcomes C) Less expensive than litigation D) Redress for injury E) Full disclosure 65) There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process? A) A less costly method of obtaining a resolution to a dispute B) A speedier method of obtaining resolution of a dispute C) A method of dispute resolution where both parties are more likely to be satisfied with the outcome D) Enforcement of the decision is more likely. E) Confidentiality is protected.

66) Which of the following statements is true? A) The rules of precedent apply to arbitration hearings. B) Use of ADR precludes parties from litigating. C) The public is entitled to know the result of mediated cases. D) ADR methods are less costly than adjudication. E) Mediators have the power to enforce decisions.

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67) A negotiation will most likely lead to agreement when the parties are A) aggressive. B) coercive. C) uncommunicative. D) equal in power. E) vulnerable.

68) Which of the following will contribute to the success of a negotiation? A) One party is more powerful than the other. B) One of the parties uses coercion to get an agreement. C) The parties rely on outsiders to put forward their cases. D) One party dominates or controls discussions. E) All relevant information is brought forward by both sides. 69) Which of the following best describes the process of mediation? A) Cooperative/flexible B) Time-consuming C) Controversial D) Rigid E) Structured

TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false. 70) A case in which a businessperson is being prosecuted for fraud would be held in a criminal court. 71) A case in which one person sues another for breach of contract would be conducted in a civil court. 72) A person has the right to appeal a decision in a civil court.

73) The Supreme Court of Canada only hears appeals of private citizens. 74) Because the federal government has been given power over the courts, the court structure is the same in each province. 75) A jury is not available in civil disputes. 76) A jury is only available in civil disputes. 77) Juries are no longer used in Canada. 78) When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities. 79) In a criminal matter, the judge must be satisfied that the accused probably committed the crime. 80) When a person is acquitted in a criminal matter, he or she can no longer be sued civilly. 81) Being charged with speeding is an example of a civil dispute.

82) When a court has to decide in an assault action whether Joe really did hit James, this is a question of law. 83) When a court has to decide in an assault case whether Joe really did hit James, this is an example of a question of fact.

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84) When, in an assault case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of fact. 85) When, in an assault case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of law. 86) The federal government appoints all judges in Canada.

87) The Supreme Court of Canada only hears appeals from other courts. 88) The emphasis of drug treatment courts is incarceration. 89) The emphasis of mental health courts is punishment. 90) The Tax Court of Canada is considered a superior court.

91) The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial. 92) Juries are limited to criminal matters. 93) The procedure in the small claims court is the same as that used in the superior trial level court of the province. 94) When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

95) Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can sue where the defendant resides or where the cause of action arose. 96) Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides. 97) Where transactions on the Internet are involved, an action can only be brought where the defendant company is actually physically located. 98) Once a judgment has been obtained, it can be enforced in any jurisdiction in the world. 99) Garnishment involves the interception of funds owed to the judgment debtor. 100) All methods of execution or enforcement require that a judgment first be obtained. 101) Solicitor-client costs are those commonly awarded. 102) The executive branch of government is responsible for regulatory bodies created by legislation.

103) Some businesses may be subject to both federal and provincial regulations. 104) Both the federal and provincial governments have administrative tribunals that can affect us. 105) Judicial review is an appeal of the decision to a higher court.

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106) The decision of an administrative tribunal may be challenged because of an abuse of discretionary power. 107) The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings. 108) The decision of an administrative tribunal may be challenged on the basis that the rules of natural justice were not followed in reaching that decision.

109) Mandamus involves the decision maker being required to make a decision that she has been avoiding. 110) The administrative tribunal process is excluded from Charter supervision because of the "notwithstanding clause." 111) Mandamus involves the decision of the decision maker being stopped before the decision is made. 112) Mandamus involves the decision of the decision maker being quashed or of no effect. 113) Prohibition involves the decision of the decision maker being quashed or of no effect. 114) Prerogative writs are the remedies available when a duty to act fairly has not been met. 115) It is generally cost-effective and worthwhile to pursue judicial review. 116) A court will invariably disregard a mediated settlement. 117) Alternative dispute resolution is a way to avoid penalties imposed by the courts.

118) You can always count on a mediated process to be fair. 119) Negotiation only works when both parties are willing to make concessions. 120) A successful negotiation has the potential of enhancing a business relationship. 121) Mediation is a concept developed in the past decade. 122) People are generally more willing to comply with court decisions than mediated agreements. 123) The job of the mediator is to help the parties come to an agreement, not to make a decision for them. 124) Contracts requiring arbitration are becoming more common. 125) Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming. 126) A significant disadvantage of the court system is that there is no way to enforce the judgment. 127) Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation results.

128) Mediation and arbitration are becoming more common in resolving online disputes. . 129) To this date, online dispute resolution programs have not been developed to help resolve disputes between parties.

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SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question. 130) Indicate under what circumstances the public can be excluded from our courtrooms. 131) Distinguish between a criminal and civil trial.

132) What is the standard of proof used in a civil action?

133) What is the standard of proof used in a criminal matter?

135) Who brings a civil action?

134) Who prosecutes a criminal matter?

136) Who are the parties in a civil action? 137) Who are the parties to the appeal of a civil action? 138) Indicate what can be appealed in an appeal court. 139) Distinguish between a question of fact and a question of law. 140) Describe the court structure in place in your province. 141) Indicate the jurisdiction of the Small Claims Court in your area. 142) Describe the limits on the jurisdiction of the superior trial court in your province.

143) What is the highest court in Canada? 144) What is the jurisdiction of the highest court in Canada? 145) How many judges are involved at the Supreme Court of Canada level? 146) Indicate the jurisdiction of the Federal Court. 147) Indicate the jurisdiction of the Federal Court of Appeal. 148) Name the Federal Courts. 149) Explain what power the federal government has to appoint judges. 150) Explain the function and jurisdiction of the Federal Court. 151) Explain any limitations on the superior trial court of the province. 152) Distinguish between the role of the judge and that of the jury in a civil dispute.

153) Explain under what circumstances the courts may be closed to the public and press. 154) Explain under what circumstances a ban on the publication of court proceedings may be imposed. 155) Explain why the courts are open to the public and press.

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156) Indicate the differences in the standards of proof in a civil and a criminal trial. 157) Contrast the position of the victim in a criminal and a civil trial. 158) Explain what the "R" stands for in the citation R. v. Jones.

159) Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

160) Describe the options available to a judgment creditor in respect of the enforcement of judgments. 161) Describe the types of remedies that can be requested by a plaintiff in a civil action. 162) How is the procedure in small claims court different from that followed in superior trial court? 163) How is an action usually started? 164) (Modify this question for your province.) Explain what is meant by filing an appearance. 165) Indicate what a statement of claim is. 166) What does the statement of defence contain? 167) What is a counterclaim? 168) Explain what happens at the discovery of document stage of the discovery process.

169) Explain what is meant by the examination for discovery. 170) Explain why the examination for discovery can be so important in any court action. 171) The pre-trial process is often criticized as causing long delays. Explain why it is necessary. 172) Explain what a lawyer can do on cross-examination that he can't do on direct examination. 173) Explain what is meant by costs when they are awarded in court action. 174) Explain what is meant by a dry judgment. 175) What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment? 176) Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta). 177) Explain what is meant by a garnishee.

178) Indicate any limitations on the operation of the garnishment process. 179) Under what circumstances can a creditor take steps even before judgment to seize property or funds? 180) Explain the effect of a limitation period set out in legislation.

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181) What is the effect of failure to adhere to a limitation period?

182) When a cause of action arises in some other province in Canada, where can the victim bring the action? 183) Explain the difference between a body such as a human rights commission and the superior trial court of the province. 184) Explain the difference between regulatory offences and criminal law.

185) Distinguish between the executive and legislative branches of government. 186) What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged? 187) What is meant by government regulations? 188) What is the major requirement for the rules of natural justice? 189) Indicate three of the requirements of the rules of natural justice. 190) What constitutes a fair hearing? 191) Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief. 192) What is meant by a writ of certiorari?

193) What is meant by prohibition? 194) What is meant by mandamus? 195) Explain what is meant by a privative clause. 196) How do the courts react to privative clauses? 197) Distinguish the prerogative writ certiorari from mandamus. 198) Indicate two alternatives to court action. 199) Distinguish between mediation and arbitration. 200) What does a successful negotiation require? 201) What impact do "without prejudice" statements made during negotiations have if litigation results? 202) What does successful mediation require?

203) What does arbitration require in order to be effective? 204) Hao wants to negotiate a settlement, but he lacks skill and experience as a negotiator. What option is available to him?

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205) Indicate the advantages of mediation and arbitration over judicial process. ESSAY. Write your answer in the space provided or on a separate sheet of paper. 206) Describe recent developments in Canada's court systems made by various governments. 207) Describe the process of obtaining judicial review, including the historical prerogative writs. 208) Describe the process involved when one person sues another in a civil action.

209) "One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement. 210) Discuss the options that are available to a successful litigant in enforcing the judgment against the loser. 211) Discuss the restrictions on the power of government decision makers imposed by the power of judicial review. 212) Discuss privative clauses, parliamentary supremacy, and the role of the courts in supervising government decision makers. 213) Discuss what constitutes a fair hearing. 214) Consider the alternatives that are available to going to court and suing someone, and discuss the relative merits of these different courses of action. 215) Describe business relationships where it would be advantageous to use alternative methods of dispute