PASS MOCK EXAM
– FOR PRACTICE ONLY –
Course: LAWS 1000 CV
Facilitator: Nour El-Nader
Date and location of mock exam take-up: Tuesday,
December 8, 2015, 1:30 – 4:30 PM, Loeb C264
It is most beneficial for you to write this mock midterm UNDER EXAM CONDITIONS. This means:
• Complete the exam in _2_ 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!! J
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.
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 1
1. In contemporary modern democratic states, which of the following is NOT a function of the law:
a) The law regulates your birth, education, sex life, marriage, salary, freedom, travel, and death;
b) The law regulates the use of venues such as, private and public places;
c) The law regulates criminal matters and political matters only;
d) The law regulates relationships between individuals and groups.
2. The law protects the prevailing legal system by respecting and adhering to the principle of precedence.
Which of the following theories BEST describes the aforementioned statement?
a) Conservative theory;
b) Liberal theory;
c) Neoliberal theory;
d) Marxist-Socialist theory.
3. Which of the following is the correct definition for “customs”?
a) Rituals used in heterogeneous societies;
b) Rituals used in aboriginal communities in Canada;
c) Sources of law describing normative behaviour in a particular community;
d) Sources of law such as, elders and figures of authority mostly present in homogenous societies.
4. The need to provide more robust and complex systems of formal and universal rules is to provide:
a) Predictability, freedom, and judicial independence;
b) Predictability, continuity, and settling disputes;
c) Settling disputes, freedom and rights, and continuity;
d) Continuity, equality, and predictability.
5. Select the correct option. An order becomes law if:
a) It involves internal forces by the state such as, the Members of Parliament passing a law;
b) It involves external use of coercion to avenge the violation by a professional staff;
c) It involves the Prime Minister of Canada codifying the order;
d) It involves the Governor General or the Chief Lieutenant codifying the order.
6. According to Donald Black’s conceptualization of the law, conciliatory laws have to deal with:
a) Marital conflicts;
b) Business conflicts;
c) Familial conflicts;
d) International conflicts.
7. Which of the following BEST describes procedural laws?
a) Rules on how laws are administered, enforced, changed and used by payers in the legal system;
b) Rules on how laws are administered and enforced;
c) Rules on how laws are changed only;
d) Rules on how the law is applied and used specifically by judges.
8. This type of law is concerned with structures of government, duties and powers of officials as well as
regulating the relationships between individuals and the state. Which of the following is the correct type of
law that matches this statement?
a) Criminal law;
b) Public law;
c) Quasi-public law;
d) Civil law.
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 2
9. This type of law is concerned with seeking redress based on violations that are considered to be
private wrongs. Which of the following is the correct type of law that matches this statement?
a) Civil law;
b) Public law;
c) Private law;
d) Criminal law.
10. Which of the following BEST describes substantive laws?
a) Rights, duties and prohibitions administered by courts;
b) Rights, duties and prohibitions administered by the state;
c) Rights, duties and prohibitions administered by the policy when performing arrests;
d) Rights, duties and prohibitions administered by martial courts.
11. Which of the following BEST describes legal culture?
a) Sociological evolving relationships between culture and rules;
b) Canadian traditions incorporated into laws;
c) A way to regulate society through Christian theology;
d) The distinguishing medium of how equality and equity are applied in the Charter.
12. What are the four types of law according to Donald Black?
a) Public, conciliatory, therapeutic, and penal;
b) Penal, civil, criminal, and therapeutic;
c) Complementary, penal, conciliatory, and therapeutic;
d) Compensatory, penal, conciliatory, and therapeutic.
13. Which of the following is NOT a description of the Traditional Legal System?
a) Homogenous society;
b) Classified in the hunter-gatherer era;
c) Uses an advanced yet small economic system;
d) Difficult to identify distinctions between substantive and procedural laws.
14. Which of the following BEST describes the current Canadian legal system?
a) Complex Legal System;
b) Modern Legal System;
c) Quasi-Modern Legal System;
d) Quasi-Complex Legal System.
15. Natural law is based on the idea that the law corresponds to the rule of reason and that that man has rights
because they are naturalistic. Which of the following theorist(s) BEST articulates the aforementioned
statement?
a) Karl Marx;
b) Herbert Spencer and Montesquieu;
c) Henry Summer Maine;
d) Plato and Aristotle.
16. According to Emile Durkheim, organic solidarity refers to:
a) Repressive and penal laws to protect and preserve social cohesion and homogeneity;
b) Empirical justice based on analogies and/or precedents;
c) Bureaucratic principles that dictate how society ought to function;
d) Restitution and rehabilitation of harm done to the victim.
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 3
17. There is a discrepancy between scholars vis-à-vis the functions of the law. However, they agree on
that the law’s main functions are based on three principles. The principles are social control, dispute
settlement, and:
a) Social norms;
b) Preserving order;
c) Social change and improvement;
d) Societal change and control.
18. Which of the following is the BEST description of a modern society?
a) Diversified community where its populations do not necessarily have direct communication and competition
among interest groups;
b) Diversified community where its populations have direct communication and competition among interest
groups;
c) Diversified community where its populations lack direct communication but there is a high level of
competition among interest groups;
d) Diversified community where its populations have direct communication but no competition among interest
groups.
19. Social control is achieved through which of the following mechanisms:
a) Explicit rules of conduct, planned use of sanctions, and designated officials to carry out tasks (to make,
interpret, and enforce laws);
b) Explicit rules of behaviour, minimal use of sanctions that is often unplanned, and the RCMP;
c) Explicit rules of conduct, some use of sanctions, and the Parliament;
d) Explicit rules of behaviour, planned use of sanctions, and Parliament and RCMP.
20. Which of the following is the Conservative (theory not political party) dysfunction of the law:
a) The tendency to use precedence and inability to move from the past;
b) Restrictive aspects associated with its controlling functions;
c) Political selection of judges causes political-judicial manoeuvring;
d) Possible discrimination against the Aboriginal peoples.
21. Canada as a pluralist society aims for compromise and cooperation to achieve social order and harmony.
Which of the following is the correct corresponding term to the aforementioned statement?
a) The consensus perspective;
b) The conflict perspective;
c) The conservation perspective;
d) The communal perspective.
22. Which of the following BEST describes administrative laws?
a) The uniform by which states function;
b) Statutory laws that are not entrenched into the Constitution of 1867;
c) Statutory laws that are entrenched into the Constitution of 1867 but not in 1982;
d) Proliferation of agencies making and applying laws.
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 4
23. According to Dicey, societies need the role of public opinion in legal development and the
doctrine of the rule of law. 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.
24. Legal systems and pseudo-democracy are designed to regulate capitalist relations of exploitation. Which of
the following theorists/theories correspond to this statement?
a) Karl Marx;
b) Feminist Legal Theory;
c) Capitalist Theory;
d) John Yale.
25. Feminist Legal Theory refers to the path on contesting the neutrality of law and reason. Therefore,
Feminist Legal Theory challenges:
a) The notion of “precedent” for its conservation dimension linked with androcentric tendencies;
b) The notion of “societal norms” for its neoconservative dimensions that are not necessarily linked with
androcentric tendencies;
c) The notion of “patriarchy” for its liberal-capitalist dimension, which is closely linked with the neutrality of
the law;
d) The notion of “masculinity” versus “femininity” that males and females in our society ought to oblige by.
26. Critical Race Theory is the critical examination of how racism is pervasive within _______________ and
their _______________.
a) Societies, political systems;
b) Societies, legal systems;
c) Communities, peoples;
d) Communities, races.
27. A movement from Yale in the 1960s that is influenced by post-modernist thinkers such as, Deleuze and
Foucault. Which of the following theories BEST corresponds to the aforementioned description?
a) Critical Race Theory;
b) Critical Legal Studies Movement;
c) Feminist Legal Theory;
d) Critical Socialist Theory.
28. A statute that gives legitimacy to the state to exercise power and ultimately this statute is the highest
legislation that the laws of the land must abide by and adhere to. This statute is called:
a) Canadian Charter of Rights and Freedoms;
b) The Constitution of Canada, 1867-1982;
c) Criminal Code set by the Government of Canada (i.e. Federal Government);
d) Bill of Rights.
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 5
29. After the British won the Seven Years War, the Royal Proclamation of 1763 was issued. The
Royal Proclamation was issued because:
a) The English won the war and wanted the French to pay the debt of the war;
b) The English won the war and wanted the French and the Aboriginals to pay the debt of the war;
c) The English won and wanted to split the lands of North America between them and the French;
d) The English King claimed North America as a British territory.
30. What were the goals of the rebellions of Parti Canadien in Lower Canada in 1837-38?
a) Parti Canadien wanted the Loyalists to return to the United States and rule by the Civil Code;
b) Parti Canadien wanted the Loyalists to adhere to the Civil Code or return to the United States;
c) Parti Canadien wanted the English and the French to live in separate settlements;
d) Parti Canadien wanted responsible government and end the prejudicial dominance of the English minority
over the French majority.
31. Which of the following is NOT true about section 91 of the Canadian Constitution of 1982?
a) It outlines the federal government’s responsibilities;
b) Established for the Peace, Order, and Good Government of Canada under the leadership of the Queen;
c) It does not deal with Aboriginal affairs;
d) Deals with the residual powers of the provincial governments.
32. Which of the following options is TRUE and completes the succeeding statement? S. 92 of the Canadian
Constitution of 1982 affirms that:
a) Each province may exclusively make laws in relation to its interior affairs such as, non-renewable natural
resources and education;
b) Each province must make laws around criminal law;
c) Each province may make laws that appertain to Aboriginal affairs;
d) Each province may make laws vis-à-vis National Defense.
33. Which of the following is TRUE with respect to the notion of “ultra vires”?
a) Falling outside the power of the legislature to enact the law(s);
b) Falling within the power of the legislature to enact the law(s);
c) Falling between the powers of the federal and provincial legislatures to enact the law(s);
d) Falling within the power of the federal legislature to enact the law(s).
34. In the judgment of Delgamuukw, the concept of stare decisis has been used in the following way:
a) Standing by the existing legislation that does give the Aboriginal peoples their aboriginal title;
b) Standing the concept of “decide like cases alike” that followed a superior judge’s decision;
c) Standing by the decision of previous cases on aboriginal title;
d) Standing by the decisions before where the court expressly and explicitly declined to make any definitive
statements on the nature of aboriginal title in Canada.
35. In 1982, Aboriginal rights have been recognized in the Constitution under s. 35. Which of the
following is the positive implication of this recognition?
a) Gives the Government of Canada power over the Aboriginals;
b) The Government of Canada dictates Aboriginal rights and thereby creating order and cohesion;
c) Settles what was a troubled relationship between the Government of Canada and Aboriginal peoples;
d) Gives Aboriginal peoples some of their traditional rights.
LAWS 1000 CV
Fall 2015 Mock Exam
36. The Indian Act was created on the basis of protecting the members of the Canadian society from
social harm. Which of the following theories BEST resonates with the aforementioned statement?
a) Conflict approach;
b) Rationalistic approach;
c) Functionalist approach;
d) Moral Entrepreneur approach.
37. Argumentative in its nature, this document is intended to mark a change in policy before the
legislation is actually enacted. Which of the following BEST describes the aforementioned
statement?
a) Legislation;
b) White Paper;
c) Memorandum of Conduct;
d) Minister’s Bill.
38. Roncarelli v. Duplessis is a case that manifests the principle of:
a) Federalism;
b) Protection of minorities such as, the Jehovah Witnesses;
c) Constitutional supremacy;
d) Rule of law.
39. In the Butler case, the Oakes test was used to determine:
a) That the legislation serves a pressing matter, and Butler’s freedom of expression of selling obscene
material ought to be proportionally limited in order to achieve social harmony;
b) That the legislation does not serve a pressing matter, and, therefore, Butler’s freedom of expression
should not be limited;
c) That the legislation does serve a pressing matter, but Butler’s freedom of expression should not be
limited;
d) That the legislation does not serve a pressing, and Butler’s freedom of expression should not be
limited.
40. In the landmark family law case, Pettkus v. Becker, what did the court establish:
a) The Ontario Court of Appeal founded that matrimonial property ought to be divided using the 50:50
ratio, according to the Ontario Marriage Act;
b) The SCC decided that a constructive trust ought to be created and each party was entitled to 50% of
the matrimonial property;
c) The SCC decided that a constructive trust ought to be created and that the rich party receives 20%
and the needy party receives 80% of the matrimonial property;
d) The SCC decided that it would use land title in order to divide the property between the parties.
PASS 6
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 7
41. Robert Mnookin’s notion on divorce advances the use of the formal legal process. Which of the
following is a benefit of relying on the formal legal process in certain circumstances according to
Mnookin?
a) The formal legal process guarantees the protection of financial interests of both spouses;
b) The formal legal process best protects the interests of the vulnerable spouse(s) and parties;
c) The formal legal process allows the spouses to collaboratively reach their desired decision;
d) The formal legal process gives the lawyers the ability to better articulate their clients’ concerns and
interests to the court.
42. What is John Stuart Mill’s argument on the principle of harm?
a) The state should intervene when harm is done to the individual;
b) The state should not intervene at any cost because that will be the end of mankind;
c) The state should intervene to prevent harm from happening to society;
d) The state should intervene to prevent harm from happening to society and the individual.
43. What is Lord Patrick Devlin’s critique of John Stuart Mill’s argument on the principle of harm?
a) Mill’s argument dismisses all immoral acts done by individuals;
b) Mill’s argument cannot be applied in law in a country such as, the United States;
c) Mill’s argument does not account for conservative views on societal norms;
d) Mill’s argument is unpractical, as he thinks that if one is entitled for freedom of religion, then one is
entitled to freedom of moral constraints set by society.
44. Why does John Stuart Mill believe that laws should not be based on morals, even though he agrees
that certain acts are in fact immoral?
a) Because the state can be corrupt and, therefore, it is up to the individual to decide between morality
and immorality;
b) Because all individuals can reason and, therefore, no laws are needed in the state;
c) Because all individuals carry different interpretations of morals and, therefore, one should do what
pleases him/her without hurting others;
d) Because all individuals carry a common understanding that crime is immoral and that is sufficient for
society to function by.
45. Commercial relations between families do not make it to court, as they view commercial contracts
as orders not as formal contracts and they do not want lawyers involved, as lawyers have no
appreciation to their familial relationships. Which of the following scholars made the
aforementioned argument?
a) Stewart Macaulay;
b) Robert Mnookin;
c) Neil Brooks;
d) Kent Roach.
LAWS 1000 CV
Fall 2015 Mock Exam
PASS 8
46. Trubek and Weber have a shared understanding of how contract law facilitated and necessitated
the transition to a capitalist economy. Which of the following BEST describes their argument?
a) The contract law system helps the people who have capital means more than the regular and ordinary
citizens, because those who own the means of capital are more powerful;
b) The contract law system created the ruling class and the working class, which led to conflict;
c) The contract law system gives everyone an equal opportunity for economic prosperity;
d) The contract law system gives the vulnerable people special privileges towards economic prosperity.
47. What does the Latin term mala in se mean?
a) Something is evil, and thus bad, because it directly causes harm to the individual;
b) Something is evil, and thus bad, because it is inherently evil;
c) Something is evil, and thus bad, because it is prohibited by the state;
d) Something is evil, and this bad, because society considers it to be evil.
48. 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.
49. Which of the following statements BEST describes the requirements of a crime?
a) The actus reus and the ratio decidendi must be present in order for something to be considered a
crime;
b) The ratio decidendi must determine that the mens rea is present for something to be considered a
crime;
c) The actus reus may not be present but the mens rea must always be present;
d) The mens rea and the actus reus must both be present.
50. Which of the following BEST describes the case of Re Reference of Québec Secession?
a) The Supreme Court of Canada ruled that Québec has the right to secede from Canada and form its
own country so long as they maintain the consensus of the people;
b) The Supreme Court of Canada asked Parliament to make a decision on the mechanics and dynamics
of Québec’s secession;
c) The Parliament asked the Supreme Court of Canada to rule on the mechanics of Québec’s secession;
d) Parliament ruled that Québec can secede but must give up the territory where the English minority
inhabits to English Canada.