PASS MOCK EXAM – FOR PRACTICE ONLY – Course: LAWS 1000A/D Facilitators: Arielle Tyrrell & Emily Hammond Dates and locations of mock exam take-ups: December 4th 2015 12:00pm-2:00pm ME 3275 (Arielle) November 30th 2015 6:00pm-7:30pm SA 304 (Emily) December 8th 2015 12:00pm-2:00pm ME 3328 (Arielle) December 3rd 2015 11:30am-1:00pm SA 403 (Emily) 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 session with your mock exam complete. There, you can work with other students to review your work. Often, there is not enough time to review the entire exam in the PASS session. Decide which questions you most want to review – the Facilitator may ask students to vote on which questions they want to discuss. 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 session, you can work alone or with others in the class. Good Luck writing the Mock Exam!! DISCLAIMER: PASS handouts are designed as a study aid only for use in PASS workshops. Handouts may contain errors, intentional or otherwise. It is up to the student to verify the information contained within. 1. Which perspective is a cross between Marxists and Legal Realists? a. Legal Pluralism b. Natural Law c. Critical Legal Studies d. Legal Positivism 2. Which statement represents a legal positivist perspective? a. Law is autonomous from morality b. The form of the law is not as important as its content c. The content of the law is not as important as its form d. Both a and c 3. Which statement relates to a ‘consensus’ perspective of law? a. Law is unstable because there is no consensus on shared values b. It is often associated with Marxism c. Law is seen as neutral. It mirrors and ensures a shared set of values. d. Everyone must agree for a law to be valid and enforceable 4. Which is NOT a critical element of law according to Weber? a. Pressure or threats must be internal b. Law must involve coercion or force. c. Those who enforce law must have an official role to do so d. Pressure or threats must come from another source 5. According to Donald Black, the four ‘styles of law’ do NOT include… a. Compensatory b. Adversarial c. Therapeutic d. Conciliatory 6. Which of Weber’s ‘Types of Authority’ are present in Canadian society? a. Traditional/Customary b. Charismatic c. Legal/Rational d. All of the above 7. Which is true about law in relation to customs and conventions? a. Law has a sense of duty just like customs, but customs are not formal b. For Weber, law is not distinguished from customs and conventions c. Law and conventions both have a sense of duty, but conventions lack specialized personnel for coercive force d. Law, customs and conventions have specialized personnel to enforce them 8. From a ‘conflict’ perspective, law is _________________. a. Neutral and unbiased b. Neutral but is biased c. Not neutral or unbiased d. A reflection of the interests of society as a whole 9. According to Durkheim, how does social solidarity differ between pre-modern and modern societies? a. Pre-modern societies are heterogeneous with organic solidarity. Modern societies are homogenous with mechanical solidarity b. Pre-modern societies are homogenous with organic solidarity. Modern societies are homogenous with mechanical solidarity. c. Pre-modern societies are homogenous with mechanical solidarity. Modern societies are heterogeneous with organic solidarity. 10. 11. 12. 13. 14. 15. 16. 17. 18. d. For Durkheim, there is no difference. Social solidarity maintains the same shared values from premodern to modern societies. Section 163(1) of the Criminal Code is _____________. a. Necessity Defence b. Offences Tending to Corrupt Morals c. Laws against Cannibalism d. Prostitution A difference between law and morality is that… a. Law claims to be subjective, whereas morality is objective b. Law is fixed throughout institutions, whereas morality is more ‘detached’ from institutions c. Consequences for breaking a legal rule are limited to shame, whereas breaking a moral rule involves punishment d. Law is concerned with “right” vs “wrong” whereas morality is not For the legal defence of necessity… a. The threat must be imminent b. There must be no legal alternative c. There needs to be proportionality between harm inflicted and harm avoided d. All of the above The Royal Prerogative of Mercy was used after the verdict in which case? a. R v Dudley and Stephens b. Roncarelli v Duplessiss c. R v Latimer d. R v Labaye What was the symbolic message of the verdict in R v Dudley and Stephens? a. It showed that customs must give way to the authority of the law b. Law and customs are the same, there is no distinction between the two c. The ‘custom of the sea’ had a strong influence on the judicial decision d. The ‘custom of the sea’ became legal due to the doctrine of precedent In R v Butler, Butler argued that the obscenity provisions of the Criminal Code violated which Charter right? a. Freedom of Expression under section 7 b. Freedom of Expression under s.2(b) c. Freedom of Expression under s.15 d. None of the above Which was NOT a component of the ‘Community Standards Test’ in R v Butler? a. Must be a national standard b. Crown must prove that it is a national and universal standard with expert witnesses c. Standard must respond to changing norms d. All of these are components of the Community Standards Test in R v Butler Which statement is true about the Supreme Court of Canada (SCC) decision in the case of Little Sister’s Book and Art Emporium v Canada? a. The SCC determined that there was a violation of s.15 of the Charter when the harm test was applied b. The SCC agreed to reconsider the “harm test” from Butler. c. The SCC determined that there was an issue with the administration of law, not the law itself d. Both a and b AV Dicey’s Rule of Law is that __________________. a. No one is above the law b. The law applies to every one equally c. Laws are duly generated by constitutional authority d. All of the above 19. An example of ultra vires is… a. The constitution being the “Supreme” law of the land b. The federal government creating criminal law that applies in all the provinces in Canada c. The provincial government creating criminal law within their province only d. All of the above 20. Which is NOT a component of Canadian constitutional law? a. British Foundations (BNA Act/Constitution Act 1867) b. Federalism c. The Criminal Code of Canada d. The Canadian Charter of Rights and Freedoms 21. In constitutional law, what is P.O.G.G. is an acronym for? a. Primary Office of the Governor General b. Provincial Office of General Government c. Peace, Order and Good Government d. Peace, Order and General Government 22. The 1960 Bill of Rights differs from the Canadian Charter of Rights and Freedoms because… a. The Canadian Charter of Rights and Freedoms was established before the 1960 Bill of Rights. b. The Bill of Rights only applies to federal statutes c. The Canadian Charter of Rights and Freedoms is entrenched in the constitution. d. Both b and c 23. Which section of the constitution can federal jurisdiction be found? a. s.90 b. s.91 c. s.92 d. s.93 24. Which statement is true about the case Roncarelli v Duplessis? a. The Rule of Law was reiterated b. The distinction between federal and provincial jurisdiction was established c. Mr. Duplessis had his liquor license revoked d. Both b and c 25. The test established in R v Oakes, (The Oakes Test) is for _____________________. a. Determining if there is a Charter infringement b. The person whose Charter right is infringed to prove that that the Charter infringement is justified under s.1 c. The government to show that the Charter infringement is justified in a ‘free and democratic society’ as mentioned under s.1 d. A detailed outline under s.1 of the process for an accused to first raise a Charter challenge in court 26. Which is NOT a component of the Oakes Test? a. The objective of the legislation must be “pressing and substantial” b. There must be a rational connection between means and ends c. There must be a maximal impairment of the right d. Proportionality between objectives and measures 27. Section 1 of the Charter is the… a. Equality Rights b. Legal Rights c. “Reasonable limits” clause d. “Notwithstanding” clause 28. Section 7 of the Charter is… a. Right to Life, Liberty and Security of the Person 29. 30. 31. 32. 33. 34. 35. 36. 37. b. Legal Rights c. Equality Rights d. Freedom of Expression If a legislature uses the “notwithstanding” clause of the Charter, then… a. The law is no longer in force for 5 years b. The law remains in force for 5 years, despite its Charter right infringement c. There was no Charter right infringement found d. None of the above The existence of the “notwithstanding” clause can be seen as supporting… a. The protection of equality rights b. Judicial Activism c. Parliamentary Supremacy d. None of the above Canada’s legal system is historically founded upon… a. The British common law system b. European legal traditions only, specifically British common law and French civil law c. British, French and Aboriginal legal traditions d. None of the above Stare decisis refers to… a. Treating like cases alike b. The rule of precedent c. The portion of the decision that is not binding d. Both a and b What is a major critique about the Charter in relation to Parliamentary Supremacy and Judicial Activism? a. Judicial Activism has increased since the Charter b. Parliamentary Supremacy has increased since the Charter c. Both Parliamentary Supremacy and Judicial Activism are the same d. The Charter did not have an effect on Judicial Activism or Parliamentary Supremacy Civil Law is practiced _________________________. a. All throughout Canada b. In order to protect the civil rights of all Canadians c. Only in Quebec for private law d. Only in Quebec for criminal law What are the three branches of government? a. Judicial, Legislative, Executive b. Federal, Provincial, Municipal c. Primary, Secondary, Tertiary d. None of the above Which is NOT a primary source of Canadian Law? a. Statutes b. Customs c. Regulation d. Case Law Which statement is true about the structure of the courts in Canada? a. The Supreme Court of Canada is bound by its own decisions and binds all lower courts in Canada b. The Provincial Court of Justice is bound by decisions made in the Provincial Court of Appeal of another province c. The Provincial Court of Appeal is bound by the decisions made by the Provincial Superior Court within the same province 38. 39. 40. 41. 42. 43. 44. 45. 46. d. A Provincial Superior Court is bound by decisions made by the Provincial Court of Appeal within the same province Which is NOT a rule of statutory interpretation? a. The ‘plain meaning’ rule b. The ‘moral’ rule c. The ‘golden’ rule d. The ‘mischief’ rule Adjudication differs from legislation because… a. Courts are reactive to issues, whereas the legislature is proactive b. Courts are proactive to issues, whereas the legislature is reactive c. Courts do not make any form of law. Only legislature makes law d. Courts do not need to must be. Legislature is must justify their decisions In relation to statutory interpretation, the mischief rule refers to… a. Interpreting statues in a way that prevents any type of mischief, even if it is not the intention of the legislature b. Interpreting a statute in a way that only prevents mischief when it is absurd c. Judges interpreting statutes in a way that addresses the underlying mischief that the law was intended to prevent. d. All of the above In R v Hasselwander (SCC 1993)… a. The majority used the ‘plain meaning’ rule, the dissent used the ‘mischief’ rule b. The majority used the ‘mischief’ rule, and the dissent used the ‘plain meaning’ rule c. The majority used the ‘mischief’ rule and the dissent used the ‘golden’ rule d. The majority used the ‘golden’ rule and the dissent used the ‘plain meaning’ rule According to Llewellyn, if a judge or lawyer wanted to limit the use of old precedent, they would utilize a ________________ view of precedent. a. Modern b. Loose c. Strict d. New Ratio decidendi is… a. Not binding. It is said in passing b. Not binding. It is the reason for the decision c. Binding. It is the reason for the decision d. Binding. It is said by the judge in passing For F.L. Morton, what is the function of stare decisis? a. Ensures continuity and certainty b. Guarantees the rule of law c. Reduces predictability d. Both a and b What is Stanley Fish’s critique of formalism? a. Law includes morality even though it claims to exclude it b. Law is completely separate from morality c. None of the above d. All of the above According to Patrick Atiyah, precedent is based on… a. Decisions that are exactly the same b. Single decisions rather than a “cluster of decisions” c. A “cluster of decisions” rather than a single decision 47. 48. 49. 50. 51. 52. 53. 54. d. Both a and c Which is true about law and facts? a. Jury is the trier of law, the judge is the trier of fact b. Appeals in the adversarial system are based on mistakes of law, not mistakes of fact c. Questions of Law and questions of facts are indistinct d. None of the above Which case raised the issue of, and examined the defence of necessity? a. R v Butler b. Reference re Secession of Quebec c. Roncarelli v Duplessis d. Little Sister’s v Canada e. R v Dudley & Stephens The legalization of same-sex marriage is an example of which of the four functions of law? a. Adaptation b. Resolving disputes c. Defining personal relationships d. Sanctioning and legitimizing the use of violence e. Punishment and incapacitation Which of the following represents ‘the Supreme laws of the land’ in Canada? a. The Charter of Rights and Freedoms b. Supreme Court c. Parliament d. The Constitution e. The Supreme Court and Parliament Which of the following is NOT one of the four functions of law proposed by Hoebel? a. Allocation of authority b. Adaptation c. Punishment and incapacitation d. Defining personal relationships e. Dealing with trouble cases Which of the following statements is false in regards to common law? a. Common law is largely based on precedent b. Common law is also known as the British tradition c. Common law is always codified d. Judges play a significant role in common law e. Based on local solutions, not abstract ideals In what way does the case of Roncarelli v Duplessis test/address the concept of ‘ultra vires’? a. The issue was whether the jury has the power to overturn a judge’s opinion b. The issue was whether Duplessis was overstepping his power by interfering with the Liquor board and guiding the removal of Roncarelli’s license c. The issue was whether the Liquor board can remove Roncarelli’s license without the consent of Duplessis, the premier of Ontario d. The issue was whether Roncarelli was overstepping his power by interfering with the Liquor board and guiding the removal of Roncarelli’s license e. The issue was whether the Liquor board can remove Roncarelli’s license without the consent of Duplessis, the premier of Quebec According to John Stuart Mill, the state may only infringe on people’s freedoms to _________. a. Prevent harm b. Protect morality 55. 56. 57. 58. 59. 60. 61. c. They are a result of moral panics in society d. Both a) and c) e. None of the above Who believes that law should have a role in upholding morality? a. John Stuart Mill b. Patrick Devlin c. Karl Marx d. Max Weber e. Emile Durkheim Which of the following Constitutional principles were addressed in the Reference re Secession of Quebec’ (1998)? a. Democracy, rule of law, federalism & protection of minority rights b. Democracy, freedom of expression & freedom of religion c. Rule of law, protection of minority rights & freedom of association d. Only the rule of law e. None of the above As discussed in lecture, Hoebel’s four functions of law are ________________________. a. The minimum criteria for understanding if something is law, rule, or social norm b. The functions central to the maintenance of peace and order in society c. Classical functions identified as central to the operation of law in all societies d. Four essential elements of any valid system of codified law e. None of the above Under Donald Black’s four style of law, the therapeutic style can be understood as __________. a. The style where deviant’s behaviour is defined as abnormal b. The style where deviant behaviour represents one side of a social conflict in need of a resolution without consideration to who is right and who is wrong c. The style where the deviant is seen as a person who needs help (e.g. from a psychiatrist) d. The style where the deviant is viewed as a violator of a prohibition e. a) & c) Rules that involve a sense of duty/obligation are also known as _____________________. a. Customs b. Conventions c. Norms d. Moral Codes e. None of the above What is the central difference between customs, conventions & the law? a. Only law is policed b. Only law has specialized personal dedicated to enforcing the law c. Only customs involve a sense of duty to follow the rule d. All of the above e. Both a) & b) Under Vago & Nelson’s properties of law, the ‘reactive’ property of law refers to what? a. The job of lawyers is to fix the problem given to them b. The law doesn’t get involved in your life unless you need it to c. The two outcomes of a trial are guilty and not guilty, there is no in between d. The ability of a judge to make reality e. The fact that everyone can use it 62. Recognition that ‘how we understand law is often culturally mediated’, speaks to which of the following theories? a. Legal positivism b. Critical race theory c. Law & literature d. Feminist approach e. Legal realism 63. Which of the following is NOT one of the four ways that Christie argued courts are peripheral to social life? a. Distanced by the physical location of the courts b. Distanced by architectural complexity c. Distanced by the involvement of professionals d. Distanced by the presence of the state and lawyers e. Distanced by the victims extensive involvement in cases 64. Which of the following is considered a disadvantage of the Marxist approach? a. Immoral law may still be valid law b. Inequality is limited to only economic inequality c. Recognizes inequalities in society d. None of the above 65. Which of the following best describes Critical Legal Studies? a. Law maintains patriarchy b. Reveals the fundamental illusions on which the legal system is built and maintained c. Law maintains a system of racial and gender inequalities d. Law can be determined through human reason 66. Which of the following statements is true: a. Legal Realism states that judges don’t just “find the law”, they “formulate it” b. Legal Realism provides a clear vision of what the law ought to be c. Legal Realism believes that judges are completely neutral d. Legal Realism assumes judges have no personal notions of justice, and rely strictly on precedent or rules 67. Which two tests were developed to deal with the issue of obscene material versus freedom of expression in R. v. Butler? a. Freedom of expression scale and obscenity measure b. Community standards test and the degradation/dehumanization test c. Constitutional freedom test and the tolerance scale d. Morality rating and freedom of will test 68. Which of the following is NOT one of the principles of the constitution? a. Democracy b. Protection of minority rights c. Rule of law/Constitutionalism d. Patriarchal e. Federalism 69. Which level of court currently has the ability to bind all other levels in Canada? a. Privy Council b. Supreme Court of Canada c. Ontario Superior Court d. Ontario Court of Appeal 70. Which of the following cases dealt with the interpretation of legislation concerning what the meaning of a gun was? a. “The Persons Case” 71. 72. 73. 74. 75. b. Rizzo & Rizzo Shoes (SCC 2001) c. R. v. Hasselwander (SCC 1993) d. R. v. Scott (BCCA 2001) Devlin argued that we may not need common __________ but need a common ___________. a. Morality; religion b. Religion; morality c. Politics; laws d. Laws; politics Who has to agree in order to amend the constitution, as a part of the amendment formula which was laid out in the Constitution Act, 1982? a. The House, Senate and 7 provinces making up 75% of the population b. The House, Senate and 7 provinces making up 50% of the population c. The House, Senate and 5 provinces making up 75% of the population d. The House, Senate and 5 provinces making up 50% of the population Which sections of the Constitution Act, 1867 outlines the division of powers? a. Section 89 and 90 b. Section 91 and 92 c. Section 41 and 42 d. Section 71 and 72 What are the two limitations of precedent described by Patrick Atiyah in his article ‘The Doctrine of Precedent’? a. Multiple judges and multiple reasons b. The strict view and the loose view c. Ratio Decidendi and Obiter Dicta d. The shadow of the law and the Doctrine of Stare Decisis In 1982 the patriation of the Canadian constitution took place. What two important changes were implemented at this time? a. Ability to amend the constitution and the implementation of the Canadian Charter of Rights and Freedoms b. The implementation of the Canadian Charter of Rights and Freedoms and Federalism c. Federalism and the Rule of Law d. Ability to amend the constitution and Peace Order and Good Government 76. According to Vago & Nelson, Law is: a. Authoritative; reactive; interested in problem-solving; able to adopt an artificial black/white view of the world; instrumental; and has no need to question the founding assumptions b. Powerless to protect you, but it can punish you c. Authoritative; reactive; interested in problem-solving; able to adopt an artificial shades of grey view of the world; instrumental; and questions the founding assumptions d. Authoritative; reactive; interested in problem causing; able to adopt an artificial black/white view of the world; instrumental; and questions the founding assumptions 77. Which of the following is NOT one of Nils Christie’s critiques of modern legal systems? a. Lawyers steal conflict b. Criticizes the assumption that formal legal dispute resolution through the courts is better than informal types of resolution c. The victim gets left out of dispute resolution in the criminal system 78. 79. 80. 81. 82. 83. 84. 85. 86. d. Conflict is disruptive to society, and should therefore be minimized ______________________ is/are generally associated with the common law tradition, whereas ________________________ is/are generally associated with a civil law tradition. a. Adversarial system; Inquisitorial system b. Inquisitorial system; adversarial system c. Active judges; passive judges d. None of the above Atiyah would argue that it is not a ______________ that changes things; it is a ___________________that moves the law in a particular direction; this leads to the organic growth of common law. a. Single case; cluster of cases b. Cluster of cases; single case c. Loose view of precedent; strict view of precedent d. Strict view of precedent; loose view of precedent What are the two types of professionals that Christie believes “steal conflicts”? a. Thieves and lawyers b. Thieves and criminologists c. Lawyers and criminologists d. Judges and lawyers What is the approximate percentage of cases that are settled through plea bargaining? a. 90% b. 80% c. 25% d. 60% Which one of the following is the best example of the Canadian adjudication process? a. The courts are reactive to the situation meaning that it will resolve the issue only after it has been brought to them b. The courts are proactive, creating laws before an issue occurs in order to prevent a crime from occurring c. The advantages to courts is that they’re fast and cheap d. The courts are not concerned about “justice” rather they focus on solving the overarching problem that is occurring in society What is NOT an essential characteristic of Canadian Courts? a. Adversarial system b. Open and Accessible c. Air of formality d. Inquisitorial system What are the two main principles of the Adversarial System according to Brooks? a. Party-Autonomy and Party-Prosecution b. Role of counsel and public prosecutor c. Consensus approach and conflict approach d. Private investigation and questioning by judges Which of the following is NOT one of the roles of the court proposed by Lempert? a. Establish Norms b. Ratification c. Increase costs d. Resolves disputes e. Ends cases In relation to the division of powers, the “residual powers” go to: a. The federal government b. The provincial government 87. 88. 89. 90. 91. 92. 93. 94. 95. c. The municipal government d. None of the above Which of the following statement would Frank NOT agree with (‘Fight’ Theory vs ‘Truth’ Theory)? a. Economic factors determine the outcome of the court process b. The fundamental problem of the justice system is that it assumes all parties have equal opportunity to pursue legal claims c. The courts are not interested in ‘fights’, but only facilitate the discovery of legal ‘truth’ d. We are frequently ‘selling’ justice The case of Gorris v. Scott (sheep) was discussed in relation to which rule of statutory interpretation? a. The golden rule b. The plain meaning rule c. The mischief rule d. The modern approach e. None of the above The case of R. v. Drybones holds what significance to Canadian law? a. Empowered Canada to enact the Charter b. Empowered the courts to strike down a portion of the Indian Act that violated the Bill of Rights c. Empowered the courts to enact the Indian Act, to preserve the rights of Aboriginals d. All of the Above ‘Insite’ (safe injection site) brought up a debate on whether or not: a. Insite fell under provincial or municipal jurisdiction b. Insite fell under provincial or federal jurisdiction c. Whether Insite fell under criminal law, or property and civil rights d. Whether Insite fell under health care or drug use In cases where the literal interpretation of a statue would lead to an absurdity, the judges can move away from literal interpretation. This rule of interpretation is known as… a. The Mischief Rule b. The Plain Meaning Rule c. The Rule in Heydon’s Case d. The Golden Rule _____________ refers to the binding reasons for the decisions, while ____________ refers to the not binding part of the decision. a. Ratio Decidendi; Obiter Dicta b. Obiter Dicta; Ratio Decidendi c. Mens Rea; Actus Reus d. Acuts Reus’ Mens Rea Throughout the history of common law, when offences are committed that disrupt the peace in society, it said that you have disrupted… a. The Community’s Peace b. The King’s Peace c. The Legal Peace d. The Patricians’ Peace Based on Weber’s 3 types of authority, a Tribal Chief would most likely fall into the category of… a. Legal/rational authority b. Charismatic authority c. Traditional/customary authority d. Charismatic/rational authority Which of the following do NOT fall under federal jurisdiction? a. Property and Civil Rights b. Education c. Health care d. Criminal Law e. a) , b) , & c) 96. ‘Integrative’, as a function of the legislature is most applicable to which of the following? a. Court proceedings are not necessarily ends dependent b. Compromise and negotiation c. Land should be held ‘in trust’ d. Speaks on behalf of ‘all Canadians’ 97. Which is NOT a subsidiary source of law? a. Case Law b. Statues c. Books of Authority d. Customs e. Both a and b 98. Indeterminacy means that… a. An unjust law is no law at all b. Everyone is equal under the law c. When creating a law, it may not cover all situations d. Like cases should be treated alike 99. A marital dispute would be an example of which of Donald Black’s four styles of law? a. Penal b. Therapeutic c. Conciliatory d. Compensatory e. Integrative 100. What are some things that you can do to do well on your exam? a. Sleep well b. Study (slides, notes & readings) c. Ask questions d. Attend PASS e. All of the above
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