Law Exam Multiple Choice Flashcards
- “Stare Decisis” is an important part of Common Law.
True
False
True
- MADD is a type of:
Royal Commission
Lobby Group
Ad Hoc Organization
Political Party
None of the above
Lobby Group
- The rule of law was formulated in the:
Criminal Code
Canadian Charter of Rights and Freedoms
British North America Act
Magna Carta
None of the above
Magna Carta
- The “Book of Punishments” was created in:
France
China
Rome
Greece
All the above
China
- This Babylonian King created a law code that was based on the premise of “an eye for an eye” justice.
Justinian
Moses
Hammurabi
Napoleon
None of the above
Hammurabi
- A board of inquiry created by the government to investigate and report on a particular issue is called a(n):
Royal Commission
Lobby Group
Legal Scholarship
Ad hoc Organization
All the above
Royal Commission
- Private law does not include which of the following categories?
Tort Law
Wills & Estates
Criminal Law
Family Law
All the above
Criminal Law
- Our legal system was influenced by ancient Greece in what way?
Mythology
Fingerprinting
Democracy
Retribution & Restitution
None of the above
Democracy
- Which of the following is not considered a secondary source of law?
Statute Law
Case Law
Morals and Religion
Constitutional Law
All the above
Morals and Religion
- Law is difficult to define because:
there are many theories that relate to law
different societies define law differently
different philosophers have their own interpretations of what law is
All the above
All the above
- Which philosopher supports the concept of civil disobedience?
Thomas Hobbs
John Rawls
Mary Wollstonecraft
John Locke
John Locke
- Political Demonstrations are a type of civil disobedience where people peacefully refuse to obey a particular law.
True
False
True
- Changes in values can be defined as; A persons principles or standards of behaviour or one’s judgment of what is important in life.
True
False
True
- Technological changes have very little impact on why laws are created or changed in Canada.
True
False
False
- The school of legal philosophy that examines law in a realistic rather than a theoretical fashion is known as:
Positive Law
Legal Formalism
Dialectic
Legal Realism
All the above
Legal Realism
- Which philosopher(s) believed in utilitarianism?
John Lock
Socrates & Aristotle
Jeremy Bentham & John Austin
Thomas Hobbs
John Rawls
Jeremy Bentham & John Austin
- Many of Canada’s legal customs and conventions come from which country?
Britain
Greece
China
France
None of the above
Britain
- Law, which can only be enforced within a states jurisdiction, is referred to as
International Law
Domestic Law
Positive Law
Natural Law
All the above
Domestic Law
- What important legal defence was created due to Feminist Legal Scholarship?
Voting Rights for Women
Battered Women’s Syndrome
Sexual Assault Laws
Rape Shield Laws
Battered Women’s Syndrome
- What 3 conditions need to exist in order for us to change the law?
Positive Law, Natural Law & Legal Scholarship
Primary, Secondary & Constitutional Law
Mosaic, Mesopotamian & Justinian Law
Democracy, Independent Judiciary & the Rule of Law
Democracy, Independent Judiciary & the Rule of Law
- A constitution:
provides the basic framework for a nation’s legal system
is often said to be the most important law of any country
provides the basic framework for a nation’s form of government
all of these
all of these
- “Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter”. What section of the Charter is this describing?
Section 33
Section 2
Section 6
Section 25
Section 33
- “Citizens agree to adhere to the laws of society and, in return, are guaranteed equality and protection under the law in a social contract” Which philosopher said this?
John Locke
Harriet Taylor-Mill
JJ Rousseau
Thomas Hobbs
JJ Rousseau
- The Constitution Act, 1867 gave the most sweeping powers to which level of government?
Provincial
Federal
Municipal
Territorial
Federal
- Freedom from arbitrary arrest, search and seizure, and protection of impartial adjudication reflects;
Democratic rights
Legal rights
Fundamental freedoms
Mobility rights
All the above
Legal rights
- Prime Minister Pierre Elliot Trudeau was instrumental in the passing of the:
Canadian Charter of Rights and Freedoms
Canadian Bill of Rights
Canadian Declaration of Independence
none of these
Canadian Charter of Rights and Freedoms
- Treating a person differently or adversely for no valid reason is an example of:
Discrimination
Prejudice
Stereotyping
none of the above
Discrimination
- “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”. Which section of the Charter supports the above rights?
Section 1
Section 25
Section 24
Section 3
none of the above
Section 3
- What was the name given to the failed attempt to right the wrongs of the Indian Act?
The Peace & Friendship Treaty
The Truth & Reconciliation Commission
The White Papers
The Royal Proclamation
The White Papers
- An amending formula is:
a political tactic
an important function of the judiciary
a method of making changes to a constitution
a way for a person to change a law
a method of making changes to a constitution
- “This” federal government policy has been viewed as the single most controlling legislation passed upon the First Nation population?
The Indian Act
TRC
The Royal Proclamation of 1763
The White Papers
The Indian Act
- Formal Equality is:
Equality of treatment of an individual
Equality of the results of the law
Equity, taking into account historical group differences
Laws that protect people and define the rights of an individual
Equality of treatment of an individual
- Judicial activism is:
the perception that a judge has been unbiased in their decision
the perception that a judge has actively done their duty
a judges duty to the Attorney General of Canada
the perception that a judge is imposing personal values on a ruling
the perception that a judge is imposing personal values on a ruling
- Constructive Discrimination involves a policy or regulation that:
involves intentional differential treatment of a person or group
appears neutral but results in the exclusion of a group protected under the code
is viewed as a comparison between two groups
is achieved when one group is treated differently but does not contain an undue hardship
None of the above
appears neutral but results in the exclusion of a group protected under the code
- Once you are convicted of a criminal offence, you lose your rights under the Charter.
True
False
False
- Naturalists see human rights as flowing from universal moral norms.
True
False
True
- Mobility rights make it easier for Canadians to:
possess mobile phones
move from one province to another
get a motorcycle license
Speak freely without government interference
move from one province to another
- The Ontario Human Rights Code applies to all BUT which one of the following?
No Frills
Pizza Pizza
Canada Post
Go Transit
Canada Post
- Capitalist ideology incorporates the idea that; The use of law should ensure a fair distribution of social and economic wealth.
True
False
False
- Section 25 of the Charter makes it clear that other rights in the Charter must not interfere with the rights of First Nation peoples.
True
False
True
- Criminal Law is overseen by this level of government:
Federal
Provincial
Municipal
All the above
Federal
- What is the basic purpose of Criminal law?
Protection of the public
Rehabilitation of offenders
To put offenders in jail
All of the above
Protection of the public
- Police have the right to seize any evidence in a crime scene and keep the area secure until it is released by the Coroner.
True
False
True
- An alternative measure program that involves a process of healing for both the victim and the offender.
a victim-offender panel
a victim-impact panel
a sentencing circle
none of the above
a sentencing circle
- Which one of the following scenarios shows Mens Rea?
Thinking of stealing a car
Not feeding your children until they starve
Hating your neighbour
none of the above
Thinking of stealing a car
- Once a criminal takes some action towards the commission of a crime, a crime has been committed.
True
False
True
- The Supreme Court of Canada:
is the highest court in the country
consists of eight Justices and a Chief Justice
is comprised of federally appointed justices
All the above
All the above
- Which of the following could be a form of non-culpable homicide?
killing your wife/husband
killing your neighbour
killing your son
killing an intruder in your house
killing an intruder in your house
- The following statement is an example of hearsay evidence: Fred testified that he saw Carol hit Bruce.
True
False
False
- Can you be charged for killing someone unintentionally?
No
Yes, it is called First Degree Murder
Yes, it is called Second Degree Murder
Yes, it is called Manslaughter
Yes, it is called Manslaughter
- In a criminal trial the:
Crown must prove the accused’s guilt beyond a reasonable doubt
accused must convince the court he or she should be acquitted
accused must testify in court
all of the above
Crown must prove the accused’s guilt beyond a reasonable doubt
- In a strict liability case the Mens Rea is not taken into consideration but a defendant could mount the defense of reasonable care.
True
False
True
- Absolute and conditional discharges are usually used with:
First offenders
Offenders serving less than a 3 year sentance
Offenders that breach one of their conditions
all the above
First offenders
- Factors which decrease criminal responsibility are called:
Aggravating Factors
Evidentiary Factors
Mitigating Factors
Substantive Factors
Mitigating Factors
- The private harm principle was created to:
To present damage to public institutions
To prevent injury to others
To prevent harm to oneself
To prevent and punish sin
To prevent injury to others
- A dangerous offender classification in Canada would most likely be assigned to:
a person who targets elderly victims
anyone convicted of first degree murder
a person convicted of an offence causing serious personal injury and who is likely to re-offend
all persons who use weapons when committing crimes
a person convicted of an offence causing serious personal injury and who is likely to re-offend
- When arriving at a crime scene the officer must:
arrest the suspect
assist the injured
eliminate potential risks
determine and secure the boundaries of the crime scene
all the above
all the above
- Helping, encouraging or supporting someone in the commission of a crime is the act of:
Conspiracy
Criminal Attempt
Councelling
Aiding & Abetting
Aiding & Abetting
- Precedents are used in cases to determine factors such as the admission of evidence or witness testimony. This relates to:
The Charter of Rights & Freedoms
Statute Law
Common Law
Evidence Act
Common Law
- The most serious types of criminal offences are called:
Indictable
Summary Convictions
Hybrid
Writ of habeas corpus
Indictable
- Consular staff is responsible for protecting their national citizens’ rights in a foreign land.
True
False
True
- Canada has a policy of NOT extraditing criminals who face the death penalty in another state.
True
False
True
- A common pattern that has emerged over time to become binding in international Law is know as:
Customary Laws
UNCLOS
Geneva Convention
Universal Declaration
Customary Laws
- One of the earliest examples of War Crimes trials occurred in the Nuremberg Tribunal.
True
False
True
- The concept of state sovereignty includes the following:
authority to apply law to the exclusion of other states
a state’s right to govern its territory
lawful control by a state over its territory
all of the above
all of the above
- War Crimes are seen as which of the following?
Ill treatment of POW’s
Slave Labour
Wanton Destruction of Property
All the above
All the above
- Both states and individuals may bring cases before the International Court of Justice.
True
False
False
- The development of international human rights has often conflicted with the fundamental concept of state sovereignty.
True
False
True
- Which of the following reasons did not contribute to the failure of the League of Nations?
The League had no military force available to help maintain peace.
Unanimous decisions were difficult to reach.
Germany was not allowed to join at first
Canada refused to become a member.
Canada refused to become a member.
- When was the term “Terrorism” first wildly used?
American Revolution
Russian Revolution
Roman Expansion
French Revolution
French Revolution
- The primary purposes of the United Nations, as outlined in the UN Charter, are:
to maintain international peace and security
to stabilize the global economic system
to promote sustainable development
None the above
to maintain international peace and security
- The doctrine of “innocent passage” allows international navigation of territorial seas, provided that no fishing or illegal activities take place.
True
False
True
- The Antarctic Treaty (1959) reserved the southern continent for the benefit of the entire world.
True
False
True
- The doctrine that no state may exercise sovereignty over the high seas is called:
non-jurisdiction
non-appropriation
non-appropriation
- Crucial issues in the evolving law of outer space include:
“space junk”
weapons in space
nuclear-powered satellites
all the above
all the above
- The practice of taking military action without the approval or support of the international community is known as unilateralism.
True
False
True
- Weapons of mass destruction are intended to kill large numbers of soldiers while leaving civilians unharmed.
True
False
False
- This international agreement covers the conduct of war and treatment of combatants:
Helsinki Protocol
Geneva Conventions
Hague Conventions
Paris Protocol
Geneva Conventions
- Asymmetric Warfare consists of:
the use of apparently random/unpredictable violence by an weak military against a stronger military
using unexpected, unconventional tactics in combat
a common tactic used by terrorist organizations
all the above
all the above
- Is Canada a member of the United Nations?
Yes
No
Yes
