Multiple Choice Flashcards
0
Q
Which of the following is usually a feature of criminal worngdoing?
a. the plaintiff can sue the defendant for damages
b. the judge can sentence the defendant to a prison term
c. the person injured has a cause of action against the defendanct
d. one person writes lies about another person
e. the injured person can ask for a remedy from the judge
A
b. the judge can sentence the defendant to a prison term
1
Q
Which of the following is not exclusively a civil wrong.
a. theft
b. breach of contract
c. negligence
d. tort
e. breach of a statute authorizing someone to sue for damages
A
a. Theft
2
Q
which of the following is not a feature of the civil law system?
a. codified las is the ultimate standard for resolving civil disputes.
b. judges are influenced by prior based on similar facts
c. judges are bound by prior decisions of a higher court in their jursidiction
d. Emperor Justinian codified the law for use throughout the Roman Empire
e. the courts in Quebec are subject to it.
A
c.
common-law feature not civil law which is bound by a code.
3
Q
with regard to law and morality, which of the following is the least accurate:
a. law consists of rules enforceable by the courts
b. a legal rule and a moral rule can be the same
c. a broken rule can be a legal wrong, a moral wrong or both
d. law consists of both legal wrongs and moral wrongs
e. murder is both a legal wrong and a moral wrong.
A
D
Moral wrongs are not necessarily legal wrongs
4
Q
which of the following does not belong:
a. tort law vs contract law
b. civil wrong vs criminal wrong
c. breach of contract vs. robbery
d. negligence vs. driving while impaired by alcohol
A
a.tort law vs contract law
5
Q
T/F
In BC our law is based on the civil law system
A
F
Common law
6
Q
T/F
The criminal law is designed to compensate victims injured by criminal acts
A
F
7
Q
T/F
Stare Decisis means to stand by what has already been decided
A
T
8
Q
T/F
Arguing by similarity means using a decision based on facts which are similar to those you are arguing about
A
T
9
Q
T/F
A tort cannot also be a criminal wrong
A
F
10
Q
T/F
Equity is a system of law parallel to the common law that evolved to circumvent the rigidity of the common law
A
T
11
Q
T/F
A legal wrong is not a moral wrong
A
T
12
Q
T/F
Law is enforced by parliament
A
F
13
Q
T/F
Stare decisis is used in court
A
T
14
Q
Civil law can be distinguished from common law by its use of a written body of rules known as the
A
civil code
15
Q
the doctrine of the following precedent is known as
A
Stare decisis
16
Q
a Supreme Court of canada decision will not bind a lower court if parliament subsequently enacts a law that overturns that decision
A
T - statute law can override any court desicion
17
Q
A judge of the alberta court of appeal is free to ignore a manitoba trial court’s decision
A
T - different jurisdiction, level of court
18
Q
Arguing by similarity means trying to persuade a court that the case you are arguing about is based on facts similar to a previous case whose decision you agree with
A
T
19
Q
Equity was a system of law that grew up in England to circumvent the rigidity of the common law
A
T
20
Q
A tort can also be a criminal wrong
A
T
21
Q
The four classifications of civil wrongs are:
A
tort
breech of contract
equitable wrong
statutory wrong
23
Q
Which statement with regard to a hierarchy of law is incorrect:
a. judge made law trumps statute law
b. constitutional law trumps statute law
c. the court of appeal of BC must follow judgements of the Supreme Court of canada if the facts are sufficiently similar
d. statute law trumps equity
e. statute law trumps common law
A
E. Statute law trumps common law
24
Q
Which of the following can be characterized as a branch of public law:
a. common law
b. criminal law
c. administrative law
d. constitutional law
e. b, c and d
A
a. common law
25
Which law brought Canada into being as a Dominion:
a. The Constitutional Act 1867
b. The Canada Act 1931
c. The Constitutional Act 1999
d. The Charter of Rights and Freedoms
e. the Constitutional Act 1982
A. constitutional act
25
What is the effect of the Charter of Rights and Freedoms:
it intrenches the rights of individuals
26
Sections 91 & 92 of the Constitutional Act 1867:
a. create parliament
b. determine how and when elections are to be held
c. divide powers between federal and provincial governments
d. determine the powers of the prime minister and cabinet
e. regulate Canada's relations with foreign governments
c. divide powers between federal and provincial governments
27
T/F
| The Magna Carta of 1215 is no longer part of the Canadian Constitution
F
28
T/F
| The Provincial Legislature in Victoria has the power to pass any law unless it is contrary to the Chart or Rights
T
29
The Court can declare that a law passed by the Federal Parliament is invalid as being contrary to the Charter of Rights
T
30
S.1 of the Charter of Rights and Freedoms enables the Federal parliament to pass any law contrary to the charter as long as parliament announces it's intention to do so
F
31
If the BC legislature passed a law in relation to banking the federal govt. could successfully argue in court that it is ultra vires the provincial govt. law making powers
T?
32
The Provincial Legislature can pass laws in relation to military affairs
F
33
The Supreme Court of BC is bound by the decisions of the BC court of appeal
T
34
The Canadian Constitution specifically incorporates the legal principles set out int he Magna Carta of 1215
t
35
S.33 of the Charter of Rights enables the Provincial Legislature to pass laws that restrict the right to vote
T
36
S33 of the Charter of Rights enables the Provincial Legislature to pass laws that curtail freedom of expression.
T
37
Govt. institutions like universities, schools, hospitals, and the CBC are
Only subject to the Charter when carrying on on-profit activities
38
With regard to the process of a civil law suit in a superior court, which of the following is true?
a. the plaintiff must prove his case on the balance of probabilities
b. an action is usually commenced by issuing a chambers application
c. regardless of whether or not a defendant responds to the plaintiff's claims by filling the required documents a matter must proceed to trial before a judgment can be awarded
d. once a statement of claim is served, the next step is trial
e. the notice of civil claim is a document issued by the defendant to indicate that he or she will defend against the action
a. the plaintiff must prove his case on the balance of probabilities
39
which of the following is the document that initiates a court action in this jurisdiction?
a. notice of civil claim
b. discovery
c. statement of claim
d. appearance
e. statement of defence
a. notice of claim
40
Which one of the following statements with regard to the characteristics of civil and criminal actions is false
:
a. If a person strikes another and 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 beyond a reasonable doubt.
c. 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.
d. In a criminal case, the Crown, not an individual person, is taking the action against the accused.
e. The person who begins a civil action is usually called the "plaintiff.”
a. If a person strikes another and is convicted of a criminal offence, he cannot also be sued in a civil action by the victim.
41
Which of the following is incorrect with respect to the litigation process?
a. Even though a judgment is obtained, payment is not assured.
b. A response to a notice of civil claim is a pleading prepared and filed by a defendant in response to the plaintiff's claims.
c. A counterclaim is brought by the defendant who is then claiming against the plaintiff.
d. An examination for discovery is an opportunity, before the trial takes place, for the parties to ask each other under oath questions relating to the dispute.
e. Once the parties enter into negotiations it brings to an end the parties' right to proceed to trial.
e. Once the parties enter into negotiations it brings to an end the parties' right to proceed to trial.
42
Consider the following statements with respect to the exercise of governmental powers. Identify the false statement.:
a. Statutes often restrict the power of government officials.
b. Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action.
c. The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation.
d. The doctrine of parliamentary supremacy has been modified by the addition of the Charter of Rights and Freedoms.
e. The exercise of governmental power is subject to a number of constitutional limitations.
c.The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation.
43
Bill was just fined $3000 for a business activity that was contrary to the Human Rights Code. Bill says that he heard nothing from the Human Rights Commission about this matter before receiving notice of the fine. He doesn't feel it's fair and has heard that tribunals must adhere to the principles of natural justice. Which of the following is not true with regard to these principles? :
a.The person making the decision must have heard the evidence.
b. Bill has no general right to produce evidence but does have the right to put forward arguments.
c. Bill should have been told the nature of the complaint.
d. Bill should have been notified that a decision would be made and given the chance to tell his side of the story.
e. The person making the decision should make the decision impartially.
b. Bill has no general right to produce evidence but does have the right to put forward arguments.
44
The purpose of an award of damages is:
a. To punish the defendant
b. To reward the plaintiff for being in the right
c. To send a message of deterrence to others in a position similar to that of the defendant
d. To compensate the victim for any loss suffered
e. To encourage plaintiffs to bring legal action when it is warranted
d. To compensate the victim for any loss suffered
45
T/F
| A plaintiff must prove his or her case beyond a reasonable doubt.
F
46
If an administrative tribunal has a copy of a doctor’s letter relevant to the applicant’s case, it need not show it to the applicant because of privacy concerns.
F
| Must share all evidence (disclose) Natural Justice
47
The Board of Directors of Ikeo Canada Ltd. convened and fired its V.P. in charge of kitchen products but did not invite her to the meeting. The V.P. has been denied the legal right to meet the case against her and so is entitled to a judicial review of this decision.
T
| Not all administrative tribunals but private company therefore no right to natural justice
48
A mediator is not bound by the principles of stare decisis.
T
49
If the Defendant fails to file a response to a notice of civil claim the Plaintiff can take default judgment against him.
T
50
Arbitration is more expensive and slower than litigation.
F
51
A limitation period is the period within which one must start legal action or be barred from bringing it after the expiry of that period.
T
52
```
Oddball
Freedom of expression
Right to be heard
Reasonable notice
Bias
```
Freedom of expression
| All others are administrative tribunal natural justice
53
```
Oddball
Tort
Defamation
Statutory Wrong
Breach of contract
```
Defamation
| All others are civil wrongs
54
```
Oddball
Stare decisis
Following precedent
Civil-law system
Argument by similarity
```
Civil law system
| All others refer to common law
55
```
Oddball
Magna Carta
Constitution Act (1867)
Constitution Act (1982)
Human Rights Code
```
Human Rights Code
| All others part of Canadian Constitution
56
```
Oddball
Administrative law
Constitutional law
Tort law
Criminal law
```
Tort Law - private law
| All others are public law
57
Which one of the following is not an essential ingredient of a contract?
a. Consideration
b. Revocation
c. Consensus
d. Legality
e. Intention
b. Revocation
Anytime before the close date of the offer
When revocation is communicated
Can't if accepted, optioned.
58
Which of the following statements about offers is the least accurate?
a. An offer can be oral or written.
b. An offer once made cannot be revoked before a certain date if the offeror receives consideration for making the offer irrevocable until that date.
c. As a general rule an offer, when accepted by the offeree, is binding on the offeror.
d. An oral offer to sell land at a specific price on a specific date is not binding on the offeror.
e. A promise made in writing to give a gift of money is enforceable against the promissor.
e. A promise made in writing to give a gift of money is enforceable against the promissor.
A gift is not consideration
59
T/F
| A contract must be evidenced in writing before it is a binding agreement.
F
60
T/F
| A void contract may sometimes be legally binding.
F
61
T/F
| An invitation to treat is another term for an offer.
F
62
T/F
When an offeree places a condition on the acceptance it does not change the validity of the acceptance and a contract is nonetheless formed.
F
63
T/F
| As long as a disclaimer or exemption clause is in writing it will relieve the issuer of responsibility.
F
| Disclaimer in writing won't relieve the issuer of responsibility
64
T/F
| The courts interpret standard- form contracts strictly thus tending to favour the parties who do not draft them.
T
65
T/F
| Consideration is the price one is willing to pay for a promise.
T
66
T/F
| Consideration in a contract means that both parties have agreed to abide by the terms of the contract.
F
67
T/F
| Silence, or a failure to respond to an offer, can never be interpreted as an acceptance.
F
68
T/F
| A promise not to do something can be good consideration.
T
| ie. not to go to court
69
Jack and Fawn were spouses. They had a written agreement to share all royalties 50%-50% on a book, although Jack wrote most of it.
a. The agreement is voidable because of the domestic relationship.
b. The agreement is presumed to be legally enforceable unless Jack can prove otherwise.
c. The agreement is presumed to lack the element of intention unless Jack or Fawn can prove otherwise.
d. The agreement is void for illegality.
e. Since it is a commercial agreement it is presumed to be enforceable.
c. The agreement is presumed to lack the element of intention unless Jack or Fawn can prove otherwise.
70
Which one of the following statements is true?
a. Oral contracts for the sale of land can be enforced so long as a third person witnesses the parties reaching agreement.
b. A person who is drunk does not have the capacity to enter into a binding contract.
c. If a person is over the age of 90 she does not have the capacity to enter into a binding contract.
d. If a person is under the age of 19 in B.C. he does not have the capacity to enter into a contract unless particular laws say so.
e. An insane person does not have the capacity to enter into a binding contract.
d. If a person is under the age of 19 in B.C. he does not have the capacity to enter into a contract unless particular laws say so.
71
The effect of a voidable contract is one of the following:
a. A voidable contract is one in which one of the parties had the option to end it.
b. A voidable contract is of no legal effect whether or not the court says it is.
c. A voidable contract does not bind either party.
d. If a contract is voidable neither party can enforce the contract.
e. A voidable contract is of no legal effect as soon as it is made.
a. A voidable contract is one in which one of the parties had the option to end it.
72
T/F
An agreement not to report you to the police if you pay for damage to their house caused by your actions is probably void.
T
73
T/F
If a seventeen year old boy contracts with an adult to buy the adult’s Cadillac, the boy cannot sue him to enforce the contract.
F
74
T/F
A husband promises his wife to buy her a house if she finds a job and works for a year. She does this but he renegs on the promise. There is an enforceable contract.
F
75
T/F
| In commercial agreements there is a presumption that the parties intend to create legal relations.
T
76
T/F
| To be enforceable guarantees must be in writing.
T
77
T/F
| If a person is over 91 the law presumes they do not have capacity to contract.
F
78
T/F
An eighteen year old made a contract to buy a universal gym which was delivered and which he used after his nineteenth birthday. He is legally bound to pay for it.
T
79
T/F
| In BC infants have no capacity to contract unless specific legislation says so.
T
80
T/F
| If you are drunk and enter into a contract, it is not enforceable against you even if you understood it at the time.
F
81
Revocation of offers? Before expiry?
Anytime before end of offer and before acceptance but it must be communicated!
82
Difference between void and voidable?
```
Void = Contract clause didn't exists
Voidable = Can go to court
```
83
What is an option?
Paying a fee to keep an offer open
84
What is a conditional acceptance?
Essentially it is a counter-offer. It rejects the original offer.
85
What is an invitation to treat?
An invitation to the bargaining process
86
Contra proferentum?
In the case of an ambiguity in a contract, the court will interpret it in favour of the party that did not draft it
87
Past consideration is an essential element of a contract. True or False? Why?
False. You need PRESENT consideration.
88
Does changing a contract require new consideration?
Yes
89
Consideration must be fair. True or False? Explain
False. It need not be fair so long as capacity can be proven
90
In BC a contract made between an infant and an adult is voidable at the option of the infant? Unless?
Yes unless it's for necessaries
91
The legal tests for insanity or drunkenness invalidating a contract?
x
92
Is there a legal presumption that a person aged 95 is without capacity?
No
93
Is a clause in a contract to restrain trade illegal? Under what circumstances is it legal? If illegal, does it invalidate the whole contract?
Prima facie illegal. Unless - the business can show it's reasonable as to time and area, necessary to the business and not against public interests
94
If two people who are married enter into a contract, is their contract enforceable? Explain the relevant legal principles.
Not unless intention can be proven. Intention is not presumed in domestic relationships.
95
Name two types of contract that are not valid unless they are in writing.
Guarantees and land
96
Describe circumstances in which a 17 year old boy would be liable under a contract after he reaches the age of 19?
If he ratifies it
