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Victoria Huynh LAWS 1000 B

It is most beneficial to you to write this mock midterm UNDER EXAM CONDITIONS. This means:

• Complete the midterm in 3 hour(s). • Work on your own. • Keep your notes and textbook closed. • Attempt every question.

After the time limit, go back over your work with a different colour or on a separate piece of paper and try to do the questions you are unsure of. Record your ideas in the margins to remind yourself of what you were thinking when you take it up at PASS.

The purpose of this mock exam is to give you practice answering questions in a timed setting and to help you to gauge which aspects of the course content you know well and which are in need of further development and review. Use this mock exam as a learning tool in preparing for the actual exam.

Please note:

• Come to the PASS workshop with your mock exam complete. During the workshop you can work with other students to review your work.

• Often, there is not enough time to review the entire exam in the PASS workshop. Decide which questions you most want to review – the Facilitator may ask students to vote on which questions they want to discuss in detail.

• Facilitators do not bring copies of the mock exam to the session. Please print out and complete the exam before you attend.

• Facilitators do not produce or distribute an answer key for mock exams. Facilitators help students to work together to compare and assess the answers they have. If you are not able to attend the PASS workshop, you can work alone or with others in the class.

Good Luck writing the Mock Exam!!


Dates and locations of mock exam take-up:

December 12, 2017 (Tuesday) ME 3275: 10:00AM- 12:00PM

December 14, 2017 (Thursday) ME 3275: 3:00PM-5:00PM

Office Hour: December 12, 2017 (Tuesday) ML 402: 1:00PM-2:00PM

1. Which case was initiated by “famous five”, challenging denial of legal personhood to women, which kept them out of senate?

a) Bliss v. Canada b) Person’s Case [Edwards v. A.G of Canada] c) Daniels v. Canada d) R.v Wagner e) Regina v. Dudley and Stephens

2. Which case discussed the defense of necessity?

a) Regina v. Dudley and Stephens b)Edwards v. A.G of Canada c)Swizman v. Elbing d)Big M Drug mart e)Powley Case

3. Natural law is the idea that legal and moral become distinct. Justice is discouraged. What matters are positive Laws, as enforced by the State. a)True b)False

4. Positive law is the idea where Law corresponds to the rule of Reason (free from all passion) a)True b)False

5. Fuller believes that morality can’t be inferred from human nature. It can only be understood through unique moral reasoning from human beings. a) True b) False


6. Finnis concentrates on what is required to make the law work. His solution is that a legal system, properly so-called, must embody what he calls, interchangeably, an 'inner morality’ a) True b) False

7. What are the three requirements in order to be able to use the defense of necessity? a) Imminent peril or danger, no reasonable legal alternative, authority supervision b) Imminent peril or danger, authority supervision, proportionality in harm inflected/avoided c) Authority approval, Imminent peril or danger, no reasonable legal alternative d) Imminent peril or danger, No reasonable legal alternative, Proportionality in harm

inflected/avoided e) No reasonable legal alternative, authority approval, proportionality in harm

inflected/avoided

8. What were Donald Black’s 4 styles of social control? a) penal, compensatory, therapeutic, and conciliatory b)compensatory, conciliatory, rehabilitative, and judicial c)judicial, therapeutic, penal, and conciliatory d)social, strict, open, and full e)open, full, strict, and penal

9. Fill in the blank: The legal option=choice=__________ =criminal act a)voluntariness b) carelessness c)arbitrariness d)generalization e)Both B and D

10. Fill in the blank: The ____________ is a test not concerned with what Canadians would tolerate per se, but what they would not tolerate other Canadians to be exposed to. a)Internal Necessities Test b)Community Standards Tough Trial test c)Dehumanization and Degradation Test d)Dehumanization and Deniability Test e)Community Standard Tolerance test


11. The idea that even without consent, materials which portray people in positions of subordination, servile submission or humiliation run against equality and dignity of all persons. Which test does this idea represent? a)Degradation and Dehumidifying Test b)Community Standards Test c)Internal Necessities Test d)Degradation and Dehumanization Test e)Internal Negligence Test

12. The question of the Internal Necessities Test is: “is undue exploitation of sex the main object of the work?” a) True b) False

13. The three categories of porn are:

a)violent, non violent, degrading b)degrading, violent, violent and degrading c)with violence, not violent but degrading, neither d)violent, non violent, neither e)None of the above

14. The regulation of obscenity best refers to which case? a) R.v Perka b) R.v Butler c) R.v Swinderman d) R.v Potlach e) None of the above

15. The arbiter represents:

a) The government b) The cabinet c) The community as a whole d) A single person elected to represent a community e) A and B

16. This Approach to law focuses on the social, economical and political functions of law, or

the actual practices and role performed by Law in societies (including their effects). a)Natutral Law

Victoria Huynh LAWS 1000 B b)Positive Law c) Law and the Social life d)A and C e) None of the above

17. The social life includes three components. What are the three components?

a) Conflicting purposes, Competition for scarce resources, Disagreement on how we should be doing things

b) Conflicting purposes, peace among individuals, agreement on the functioning of society

c)Peace among individuals, agreement on the functioning of society, conflicting purposes

d)Competition for scarce resources, disagreement on how we should be doing things, conflicting preparations

e) Peace among individuals, conflicting preparations, competition for scarce resources

18. Law is a form of __________, this refers to methods used by members of a society to maintain order and to promote predictability of behaviors.

a) Social behavior

b)Social Control

c)Social Conformity

d)Social Chaos

e)Social Perpetuality

19. This Latin term refers to the comparison between man and wolves. “Man is wolf to man." It has meaning in reference to situations where people are known to have behaved in a way comparably in nature to a wolf.

a) Homo Hommimi Lerpus Elle

b)Mala Prohibita

c)Mala in se


d)Stare Decisis

e)Homo Homini Lupus Est

20. Informal social control involves the securing of conformity, the use of universal sanctions and standardized institutions. Informal social control is formed by the external pressures from society. For example, the military.

a) true

b) false

21. Formal Social control includes the internalization of group norms, for example dress codes. Characteristic of formal social control also include smaller communities, face-to-face interactions, and No official group mechanism, or person in charge a) True b) False

22. The law has two ‘jobs’:

a) Normalizing and settling disputes

b)Negotiating and settling disputes

c) Settling disputes and Compressing disputes

d)Compressing disputes and Normalizing Disputes

e)None of the above

23. Criminal sanctions are the most highly structured formal system, it is the:

a) Laws enacted by legislators and modified by the court decisions, define criminal behaviors and specify the sanction imposed for violations.

b) Laws denounced by legislators and kept in check by the court decisions. It does not define criminal behavior but it outlines the violations.


c) Refers to the three goals of punishment

d) The laws that require check and balance mechanisms

e) A and B

24. In 2000 there were ________ people living in Canada who had a criminal records (17 percent of men and 4 percent of women)

a) 1/10

b)2/10

c)6/10

d)4/10

e)7/10

25. Social norms are LEGAL, and their neglect or violation is met with punishment by individuals or groups with socially-recognized authority. This places LAW at the center of HOW a society is organized. Which theorist said this?

a)Max Weber

b)Hoebel

c)Emile Durkheim

d)John Stewart Mill

e) A and B

26. The three goals of punishment are:

a) Retribution, Incapacitation and Detterance

b)Retribution, Incarnation and Discipline

c)Retrograde, Industrialization and Detterance

d)Reproduction, Incapaciation and Detterance

e)Reproduction, Industrialization an Discupline


27. What type of deterrence targets the individual, in order to deter them from committing certain crimes, and to modify their behaviour.

a)Special deterrence

b)Alternative deterrence

c)Specific deterrence

d)General deterrence

e) Generic deterrence

28. What type of deterrence targets the public (Rational actors), and is used as a warning to others?

a)Generic Deterrence

b)Specific Deterrence

c)Alternative Deterrence

d)General Deterrence

e) A and D

29. Which theorist believed in the distinction between primitive and complex society on the scale of their specialized labors? This theorist also believed that society could be divided into a homogenous and heterogeneous society.

a)Hoebel

b)Max Weber

c)Karl Marx

d)Emile Durkheim

e)John Stewart Mill

30. Which theorist viewed law as an instrument of the ruling elite to make us believe in ideological reasons that are far away from the reality of oppression: class system and capitalistic exploitation?

a)Karl Marx

b)Emile Durkheim


c)Max Weber

d)Locke

e)Hoebel

31. This theorist had a pluralist view on society in which the three forms of authority (traditional leadership, charismatic leadership and legal domination) grounded his analytics.

a)Emile Durkheim

b)Locke

c)Hoebel

d)Max Weber

e)John Stewart Mill

32. A fundamental principle of criminal Law is that a crime consists of both a mental and a physical element. What are these two elements?

a) Mala in se and Mala Prohibita

b)Natural law and Positive law

c)Informal and formal social control

d)Mens rea and actus reus

e)Ratio decidendi and stare decisis

33. What is meant by the Latin term ‘ratio decidendi’?

a) The principle that states: the ratio between the jury and the witness must be 4:8 b) The point in a case which determines the judgment or the principle which the case establishes c) The affect of the decision made by the judge on the community, and the state d) The principle that states: the ratio between the jury and the witness must be 3:6 e) B and C

34. The courts do not try to decide which right is more important, but rather will try to decide the case in a way which leads to minimal infringement of both rights.

a)True


b)False

35. This type of punishment involves the state and the expectation that the state is to act as an agent of vengeance on behalf of the victim.

a) Retribution b) Incapaciation c) Detterance d) d)Retaliation e) Detention

36. This type of law is concerned with the structure of government, the duties and powers of officials and the relationship between the individual and the state.

a)Public law

b)Private law

c)constitutional law

d)Tort law

e)Common law

37. Jurisprudence has shifted from Naturalism, through Positivism and Realism to Artifactualism. These stages are part of a "denaturalization" process whereby law is no longer seen as an autonomous of human activity. Which stage in this process is criticized for being inherently ambiguous?

a) Naturalism

b)Positivism

c)Realism

d)Artifactualism

e)A and C

38. What are the three key themes that unite the diverse forms of natural law?

a) Natural Law is the quest for absolute values, justice and truth, Natural law is the connection between moral and Law and whether natural laws are morally binding.


b) Natural law provides moral and legal arguments for obedience, natural law is the symbolic representation of justice and natural law is not as universal as it claims to be

c) Natural law is ambiguous, natural law is the symbolic representation of justice and natural law is not as universal as it claims to be

d) Natural Law is the quest for absolute values, justice and truth, Natural law is the connection between positivism and Law and whether natural laws are morally binding.

e)None of the above

39. Which one is not true about the criticisms of legal positivism?

a) creates an ideology in which the existence of a law becomes its own moral criterion (usually called formalism) this can lead to very unjust legal systems.

b) Is an inappropriate extension of the methodologies of natural science.

c) No rational way to know objectively what is right and what is wrong

d) it is too general, abstract and vague to offer any really practicable legal solutions

e) C and D

40. Which statement is true about legal realism?

a) Law is part of a broader social system and has many dimensions beyond the judicial decisions.

b) Realism suggests that there is a great deal more to law than simply looking at what the courts do.

c) Realism casts doubt on the judicial rhetoric which claims that judging is politically neutral because judges are simply following the rules.

d) Realism encourages us to look behind the rules to see what the judges are actually doing as opposed to what they say they are doing.

e) All of the above

41. What stage in the process of jurisprudence is criticized for underplay the importance of rules, and are accused of being devoid of any conception of "the good.”


a)Artifactualism

b)Hedonism

c)Realism

d)Positivism

e)Naturalism

42. Artifactualism posits that law is best understood as the complex product of a host of interacting social forces, and recognizes that it is impossible to conceive of law without reference to the social values reflected in, and enforced by, law.

a) True

b) False

43. Liberal political philosophy argues that society should be governed by the principles of:

a) Liberty, Liability and neutrality

b)liberty, equality and neutrality

c)Equality, Common good and Neutrality

d)Common good, Liberty and Equality

e)Liability, Common good and Neutrality

44. One cannot use one's own liberty to infringe that of another (said by John Stewart Mill) is the definition of the:

a) Care principle

b)Harm and Care principle

c) Broken Windows Theory

d)Harm Principle


e)Liberty Principle

45. Liberals who argue that we need to counteract past inequalities, by taking proactive steps to help disadvantaged individuals to be able to truly compete, are called:

a)Proactive Liberals

b)Progressive Liberals

c) Classical Liberals

d) Active Liberals

e)Classical Proactive Liberals

46. Liberty, according to the Liberal Political Philosophy is described as:

a) the state and law should strive to provide the citizen with as much space as possible to pursue her own self interests, against State authorial powers

b) each person should have the equal right to pursue such interests without formal restraints because of their identity, be it on the basis of their race, gender, class or ability

c) the state should remain agnostic as to the nature of a good life, thereby allowing each individual to determine their own conception of the good in the marketplace of ideas

d) Although Liberals consider the self to be ontologically prior to community, they also recognize that we are social beings and that we live in conditions of interdependence.

e) A and C

47. Liberal political theory assumes that we are rational, free-choosing, autonomous self that is prior to, and independent of, both the community and other selves.

a)True

b)False


48. This act allows the government to control most aspects of aboriginal life: Indian status, land, resources, wills, education, band administration and so on.

a) Constitution Act

b) The Royal Proclamation Act

c) The Quebec Act

d) Indian Act

e) B and D

49. This act established the Dominion of Canada and the distribution of Federal and Provincial powers.

a) The Constitution Act of 1867

b) The Royal Proclamation Act

c) Indian Act

d)The Statute of Westminster

e) Quebec Act

50. The Common law tradition has been inherited from the Roman legal tradition. Jurists conceive law mainly from deductive reasoning.

a) True

b) False

51. The Civil law tradition goes back to the particular history of England, from the Normand Conquest (1066), using Judges to arbitrate conflicts, creating by the sum of their decisions. Inductive reasoning is here often preferred.

a) True

b) False


52. Ratification of treaty is not enough; it must be incorporated in Canadian laws.

a) True

b) False

53. The Golden Rule refers to:

a) The text of a law can be modified as to avoid flagrant absurdity or inconsistency.

b) do unto others as you would have them do unto you

c) Judge can consider the underlying purpose of the legislation, by examining the history of legislation, and what the law seeks then to resolve.

d) If precise and unambiguous, words should be read in their natural sense as to not amplify or exaggerate meanings.

e) The text of a law cannot be modified ever. There are no exceptions.

54. The Mischief Rule refers to:

a) The text of a law cannot be modified ever. There are no exceptions.

b) The text of a law can be modified as to avoid flagrant absurdity or inconsistency.

c) If precise and unambiguous, words should be read in their natural sense as to not amplify or exaggerate meanings.

d) Judge can consider the underlying purpose of the legislation, by examining the history of legislation, and what the law seeks then to resolve.

e) do unto others as you would have them do unto you


55. Which case established the Mischief Rule?

a)R.v Perka (1984)

b)The Sussex Peerage Case (1844)

c) Daniel v. Canada (2016)

d) The Heydon’s case (1584)

e)Grey v. Pearson (1857)

56. “If precise and unambiguous, words should be read in their natural sense as to not amplify or exaggerate meanings.” Which Rule does this quote apply to?

a) Literal Rule

b)Sussex Rule

c) Golden Rule

d) Common Rule

e) Mischief Rule

57. The doctrine of ‘Stare Decisis’ is the Doctrine of taking “authority” from previous experience/reasoning by recognized legal actors

a) True

b) False

58. Precedent that comes from higher courts such as the supreme court of Canada is an example of

a) Precedents that bind

b)Persuasive precedents


c)Higher power precedent

d)Precedents that connect

e)A and C

59. Which statement is NOT true to identifying the 3 aspects for identifying the Latin phrase ‘ratio decidendi’:

a) To find the point of law raised by the case and decided by the judge (not some points of law mentioned to support the ratio)

b) Inferred from older cases from the reasons given vs. the facts; newest cases it is often explicitly mentioned

c) What is a case authority for: then we have debates over similarity and differences between cases, and reasoning. Thus the problem of interpretation comes again.

d) the other main source of law in Canada. From decisions from judges, making up the “Common Law”.

e) All of the above

60. The term “reception” is often used by legal scholars to mean:

a) the process by which European laws were introduced (here in Canada).

b) The process by which Indigenous laws were receptive to Canadian laws

c) The process by which Canadian laws have changed to match American laws in regards to the R.v Vander Peet case.

d)The process by which Australian laws may have an effect on Canadian laws when it comes time to make decisions in court.

e)B and C

61. Which statement is NOT true about the 3 readings in the House of Common.

a) 1st step is to introduce the project

b) 2nd step is to study in committee and modify

c) 3rd step is to debate, accept modifications and vote


d) 4th step is to put voting outcomes into actions that most benefit society

e) These steps are needed in order to pass legislations

62. a federal government policy document presented by a Minister, Intended to state the government’s policy on certain issues, which is argumentative in nature, intended to mark a change in policy before the legislation is actually enacted is called a:

a) Green Paper

b) White Paper

c) Indian Act

d) s.91 of the constitution of 1867

e) Yellow Paper

63. Which case involved the Lords Day Act which made it an offence for anyone to engage in or carry on business on Sunday? And which section was challenged in this case?

a) Switzman v. Elbing (S.35)

b) R.v Powley (S. 35)

c)R.v Big M Drugmart (S.2)

d)Switzman v. Elbing (S.17)

e)R.v Big M Drugmart (S.4)

64. Section 35 of the Constitution Act, 1982 was included in Prime Minister Pierre Trudeau’s initial proposal for patriation in 1980.

a)True

b)False


65. What section of the constitution allows the Parliament to make laws pertinent to Indians and Land reserved to Indians that would not be permissible to non-Indians?

a) S. 92 (4)

b) S. 91 (24) c) S. 35 (2) d) S. 101 e) S.92

66. Which section of the constitution outlines the idea that existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed?

a) S.35

b)S. 33

c) S.32

d) S.1

e) S.31

67. The difference between aboriginal law and indigenous law is that aboriginal law is law enacted by indigenous communities. Indigenous law is law that is created by Canadians about the aboriginals.

a) True

b) False

68. What section of the criminal code states that “Every court of criminal jurisdiction has jurisdiction to try an indictable offence other than an offence under any of the following categories/sections involving treason, piracy, mutiny”..etc.

a) S.35

b)S.19

c)S.467

d)S.468

http://www.criminal-code.ca/criminal-code-of-canada-section-2-definition-of-court-of-criminal-jurisdiction/index.html

http://www.criminal-code.ca/criminal-code-of-canada-section-183-definition-of-offence/index.html

http://www.criminal-code.ca/criminal-code-of-canada-section-183-definition-of-offence/index.html


e)S.469

69. According to the Vander Peet Test: an aboriginal right needs to be an element of a custom, practice or tradition forming an integral part of a distinct culture of the Aboriginal group which claims the right in question.

a) True

b) False

70. No right is absolute, and an Aboriginal right can be infringed by a provincial or federal legislation, for compelling and substantive objective pertinent to the reconciliation of prior occupation, with crown sovereignty, And the interest of the broader community.

a)True

b) False

71. The Constitution deals with two sets of relations: Between the citizen and the State & the Distribution of functions and powers between different parts of the States.

a) True

b) False

72. A Constitution is the fundamental law of a political system, because all other laws must conform to the Constitution. Another function of the constitution is to:

a) gives legitimacy to exercise the state power

b) It outlines both the basis of political representation, amendment formula, and the methods by which representatives are chosen.

c) It comprises of the Constitutional Laws (written documents and unwritten conventions, which are not legally binding)

d) Empowers the State to pass laws in the name of the citizens/limits the State to infringe of basics civic rights

e) All of the above


73. Which 4 provinces decided to create a new dominion also known as the dominion of Canada 1867?

a) Winnipeg, Nova Scotia, Quebec, Ontario

b) New Brunswick, Alberta, Quebec, Ontario

c) New Brunswick, Nova Scotia, Saskatchewan, Ontario

d) New Brunswick, Nova Scotia, Quebec, Ontario

e) New Brunswick, Nova Scotia, Quebec, Fredericton

74. Federalism is a form of government that embodies the principal of territorial representation. It does so by giving regional governments the exclusive right to pass laws on particular subjects. Therefore there is minimum to no subordination between levels of government.

a) True

b) False

75. What does POGG stand for?

a) Public Order and Good Governance

b) Peace Order and Good Government

c) Peace Order and Good Governance

d) Public Operations and Government Governance

e) Peace Operations and Good Government

76. __________ is the legal doctrine that determines which legislation arising from one level of jurisdiction may be applicable to matters covered at another level. For example, Federal laws are most likely to be absorbed under provincial laws.

a) Principle of Paramountcy

b) The enumerated powers in section 91 and 92


c) Peace order and good governance

d) The principle of Interjurisdictional Immunity

e) The Rule of Law

77. Which section of the constitution (1867), outlines the power to create extra courts? For example, the Parliament of Canada could set up a General Court of Appeal "for the better administration of the Laws of Canada”.

a) S.96-100

b) S.101

c) S.52

d) S.50

e) S.17

78. Which section of the constitution outlines the independence of the judiciary?

a) S. 101

b) S.17

c) S.96-100

d) S.52

e) S.97-98

79. What is NOT an example of a written source?

a) The BNA Act (1867)

b) Constitution Act, 1867

c) The Constitution Act, 1982

d) Patent letters instructing the G.G.

e) None of the above


80. What is NOT an example of an unwritten source?

a) Court decisions interpreting the Constitution

b) Certain non-entrenched Canadian statutes (about the Parliament, territories or the courts)

c) The Canada Act, 1982

d) Patent letters instructing the G.G.

e) All of the above

81. What section of the charter does this statement pertain to “ Ignorance of the law by a person who commits an offence is not an excuse for committing that offence.”

a) S. 83

b)S.38

c)S.19

d)S.450

e)S.15

82. BNA Act 1867 sets out the authority of governing Canada in the Queen (GG as her Rep, section 9.); true power however resides with the Prime Minister, leader of Cabinet.

a) True

b) False

83. Breaches of convention are enforced by the Courts.

a) True

b) False

84. Which case provides a good example for the Latin term ‘ Ultra Vires’?

a) The Keable Commission

b) Daniels v. Canada

c) The Hudon Affair


d) Switzman v. Elbling (1957)

e) B and C

85. The definition of the Latin term ‘Ultra Vires’ is:

a) Latin phrase meaning a crime that is evil in and of itself

b) Latin phrase meaning a crime that is only considered to be bad because the government said so

c) Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done without such authority

d) Incapable of criminal intention or malice because they are not of the age of discretion.

e) When somebody is not sane or in their right mind.

86. After the crisis of the War Measures Act, the federal Cabinet gave ambiguous instructions to the RCMP Security Service permitting acts such as break-ins, thefts and electronic surveillance, all without warrants. This event was called:

a)Keable Commission

b) the Front de Liberation du Quebec

c)The amending formula (50/7)

d) The Meech Lake negotiation

e) King Bying Controversy

87. What was the issue in the MMF Court case?

a) Still no fulfillment of the promise made to the Métis of Manitoba (1400000 acres promised in the Manitoba Act)

b)Still no self-government possibilities for First Nations outside the Indian Act, 1876


c) It has opened the way to better protect often already existing rights, and the increased capacity to citizen to challenge the state

d) Lucien Bouchard resigned as minister under Mulroney following the fail of Meech Accord, and created a nationalist part: The Bloc Quebecois

e) A and B

88. The Amending formula wasthe 50/7: which was the identical resolution in Senate and House of Common, and the Legislative Assemblies of 50% of provinces, making 7% of Canada’s members of the parliament.

a) True

b) False

89. Which section of the constitution includes the 50/7 (Amending Formula)?

a) S. 1

b) S.2

c) S.10

d) S. 38

e) S.35

90. Unlike the Bill of Rights, the Charter can be overturned by another statute: it is constitutionally entrenched.

a) True

b) False

91. Which Principle is NOT included in the succession of Quebec?

a) Rule of Law

b) Parliamentary sovereignty

c) Responsible Government

d) Judicial Integrity


e)Protection of Minorities

92. Which one is NOT a Principle that is enshrined under judicial independence?

a)Security of tenure

b)Financial security

c)Control over the administration of the Court

d)Health Benefits

e)none of the above

93. The Bill of Rights (1960) was entrenched into the constitution, so it could be more easily out-manoeuvred

a) True

b) False

94. The provinces are considered co-sovereign divisions, each province has its own "Crown" represented by the lieutenant governor.

a) True

b) False

95. The territories are not “sovereign,” but are parts of the federal realm, and have a Commissioner.

a) True

b) False


96. What was the name of the negotiations that were intended to persuade the government of Quebec to endorse the 1982 constitutional amendment and increase support in Quebec for remaining within Canada?

a) Keable Commission

b) Meech Lake Accord

c) Charlottetown 1992

d) MMF Court case

e)None of the above

97.What type of equality is related to the Andrews v. Law Society of BC Court case?

a) Procedural Fairness

b) Procedural Equality

c) Substantive Equality

c) Substantive Fairness

d) Substantive Procedures

e) Procedural Justice

98. What section of the charter is used in the Andrews v. Law Society of BC court case?

a) S. 2

b) S.7-14

c)S.33

d)S.15

e)S. 91

99. What kind of procedural fairness relates to the Baker v. Canada (Minister of Citizenship & Immigration Court case?

a) Open, Fair and Full


b) Open, Fair and Empty

c) Open, Direct and Precise

d) Direct, Objective and Fair

e) Direct, Fair and Full

100. Which statements are NOT true about the Oaks Test?

a) First, the legislation must be looked at and whether or not it is objective: Limits to one’s freedom serve pressing, substantial and serious matters, explicitly!

b) Are the measure to serve that purpose proportional?

c) do the Measures rationally connect to objectives, Impair as little as possible, Proportional to the objective identified

d) the objective to be served by the measures limiting a Charter right must be sufficiently important to warrant overriding a constitutionally protected right or freedom.


101. Which statement is NOT true about what makes you a Canadian Citizen.

a) you were born in Canada,

b)you applied for and received your Canadian citizenship or your parent or legal guardian did this for you when you were a child,

c)you were born outside Canada but parent is Canadian-born or naturalized before your birth.

d) you were born in Canada to foreign diplomats.


102. What is meant by the Latin term ‘Mala Prohibita’?

a) Crimes/ acts that is evil in and of themselves

b) Crimes that are bad but considered good by society

c) Any action is criminalized strictly by statute and statutory law.


d) Any action that is criminalized because it involved with narcotics

e) Protest groups that successfully prohibit legislations from being passed

103. What is meant by the Latin term ‘Mala in se’?

a) refers to conduct that is good for society as a whole

b) refers to conduct assessed as sinful or inherently wrong by nature,

c) any crimes that are approved by the government

d)any conduct that falls under s.85 of the constitution

e)A and C

104. What does the Latin term ‘non compos mentis’ mean?

a) not sane, or in the right state of mind

b) not being able to compose yourself in court/professional environments

c) when the crown has the responsibility to bear the burden of proof

d) when laws are illegal because the government said so

e) “ Leave to Appeal”

105. What is meant by the Latin term ‘Obiter Dicta’?

a) grounds on which a decision is made

b) Statements made in passing

c) double doctrine of precedent

d) Petty crimes are usually dealt with in provincial courts

e) Preliminary hearings


106. Appeals are heard by federally appointed judges

a) True

b) False

107. What are 2 essential characteristics of Canadian Courts?

a) Dignity and Decorum & right to trial within a reasonable time

b) Dignity and Deterrence & Right to trial within reasonable limits

c) Right to open trial & Equality and Neutrality

d) Right to a fair trial & Fairness and Justice


108. The question of the law falls onto the judge and only the judge.

a) True

b) False

109. The question of the facts falls onto the jury or the judge.

a) True

b) False

110. Which answer below is not included in the three types of indictable offences?

a) S.553 offences – provincial jurisdiction, no election

b)S. 262 – superior court, election

c) S.469 offences – superior court jurisdiction, judge alone or judge & jury

d) Residue – election

e)All of the above


111. What is the highest court in this country?

a) Supreme court of Canada b) Provincial/ Territorial Court of Appeal c) Provincial and Territorial Inferior courts d) Provincial and Territorial Superior court e) Federal Administrative Tribunals

112.Law is one form of social control. Informal social controls are most effective in:

a) Smaller, homogenous communities, where people have bonds and ties to other persons/families/groups and norms are the strongest influences in these communities

b) Smaller, heterogeneous communities, where people have less bonds with one another and ostracizing someone can have serious legal consequences;

c) Large, homogeneous communities, where people have bonds and ties to other persons/families/groups and there are many bonds and ties to exert influence on them;

d) Large, heterogeneous communities, where people do not have bonds and there are no influential characteristics that shame people for certain actions.

113. In the readings of Atiyah, what was the main idea?

a) Strict view of doctrine of precedent vs. loose view of doctrine of precedent

b) The degrees of authority in terms of distinguishing cases

c) Value of precedent & stare decisis: Certainty & continuity & “rule of law, not a rule of men”

d) The question of the facts will always fall onto the jury or the judge


114. In Llewellyn’s double doctrine of precedent the loose view is seen as: precedent can be used to show that they should be decided in similar ways, even if the details of the cases are different.

a) True

b) False


115. In Llewellyn’s double doctrine of precedent the strict view is seen as: looking strictly at the facts surrounding a case, noticing how the present case differs from every case that came before it, therefore the present case is not subject to precedent.

a) True

b) False

116. S. 91 outlines provincial responsibility while S.92 outlines responsibility of the federal government.

a) True

b) False

117. Which of the following is the MOST accurate description of the rule of law?

a) No one is above the law

b) No one is above the law except for judges who are making decisions;

c) No one is above the law, the law is supreme, and discretion is granted to certain individuals in certain circumstances;

d) No one is above the law, the law is supreme and above all expressions of power, and the law is applied equally to everyone.

118. Which division below does NOT belong under Inferior/Provincial Courts?

a) Criminal Division

b)Youth and Family Division

c)Small Claims Division

d) Appeal Division


Good Luck writing the Mock Exam!! - Carleton University · The purpose of this mock exam is to give...

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