Deck 1: Law and the Legal System

Question 1

The Minister of Justice for the Parliament of Canada made an announcement that the federal government will introduce legislation to require the registration of firearms in Canada.
The new law will be proclaimed before it receives royal assent.

Answer 1

False

Question 2

MCo.is suing ACo.because ACo.breached a contract to sell it 2,000 tonnes of first-grade steel.There is no legislation that deals with the issue between them.
If the Common Law does not provide an answer then the judge may apply an equitable principle to decide the case.

Answer 2

True

Question 3

Ned Stogers wishes to set up a radio station in a major metropolitan Canadian city that caters exclusively to the music preferences of senior citizens.
The CRTC is an administrative tribunal.

Answer 3

True

Question 4

The Minister of Justice for the Parliament of Canada made an announcement that the federal government will introduce legislation to require the registration of firearms in Canada.
Peters,who violates this new law by being found in possession of an unregistered weapon,will be charged with a violation of the law by the Crown but will not be sued for damages.

Question 5

Ned Stogers wishes to set up a radio station in a major metropolitan Canadian city that caters exclusively to the music preferences of senior citizens.
Most of the laws that will affect Ned's application are the procedural laws of precedent.

Question 6

Suppose the Government of Alberta passed legislation that conflicted with rights under s.8 of the Charter,and the Supreme Court of Canada struck down the legislation.The Government of Alberta can pass the legislation under s.33(1)of the Charter and it cannot be challenged in the courts because of the protection offered by s.33(1).

Question 7

The Barrel-o'-Beer Pub has a dress code for waitresses that requires their skirts to be 4 inches above the knee.There is no dress code for waiters.Jacqueline is fired for refusing to shorten her knee-length skirt.
If Jacqueline had a Charter case,it would be under the equality rights section of the Charter.

Question 8

The Barrel-o'-Beer Pub has a dress code for waitresses that requires their skirts to be 4 inches above the knee.There is no dress code for waiters.Jacqueline is fired for refusing to shorten her knee-length skirt.
Since the Charter doesn't apply to private businesses like the Barrel-o'-Beer,Jacqueline has no recourse against her former employer under the Charter.

Question 9

Ned Stogers wishes to set up a radio station in a major metropolitan Canadian city that caters exclusively to the music preferences of senior citizens.
Although it is not a government,the CRTC,which hears applications and grants licences for new radio stations,may make laws governing its affairs that will affect Ned..

Question 10

Jill has written a mathematics textbook.Under the federal Copyright Act,only she or someone authorized by her may reproduce the contents of the book.
The Copyright Act is an example of a statute.

Question 11

American cases cannot be used in Canada because the legal systems in each country grew out of very different roots.

Question 12

The provincial government passed legislation that made a new kind of consumer scam a criminal act.Audrey was charged under the legislation.She can successfully defend herself by saying that the legislation is unconstitutional.

Question 13

Jill has written a mathematics textbook.Under the federal Copyright Act,only she or someone authorized by her may reproduce the contents of the book.
The Copyright Act applies throughout Canada.

Question 14

Ned Stogers wishes to set up a radio station in a major metropolitan Canadian city that caters exclusively to the music preferences of senior citizens.
The CRTC will apply the principles of equity in deciding whether to grant Ned's licence.

Question 15

The Minister of Justice for the Parliament of Canada made an announcement that the federal government will introduce legislation to require the registration of firearms in Canada.
If the government has a majority of seats in the House of Commons the bill may be passed with two readings and then sent to the Senate.

Question 16

Jill has written a mathematics textbook.Under the federal Copyright Act,only she or someone authorized by her may reproduce the contents of the book.
Jill's rights are an example of a legal privilege.

Question 17

Ned Stogers wishes to set up a radio station in a major metropolitan Canadian city that caters exclusively to the music preferences of senior citizens.
Tom,who is 14,wishes to vote in the next provincial election.Since he is a Canadian citizen,there is no means by which he can be prevented from exercising his right under the Charter to vote.

Question 18

MCo.is suing ACo.because ACo.breached a contract to sell it 2,000 tonnes of first-grade steel.There is no legislation that deals with the issue between them.
The judge will make a decision based on the Common Law about this sort of issue.

Question 19

MCo.is suing ACo.because ACo.breached a contract to sell it 2,000 tonnes of first-grade steel.There is no legislation that deals with the issue between them.
If the judge did not use the Common Law in this case,the judge would have to rely on the theory of precedent instead.

Question 20

The Minister of Justice for the Parliament of Canada made an announcement that the federal government will introduce legislation to require the registration of firearms in Canada.
This would be an example of law that has been codified from the Common Law.

Question 21

The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French Civil Code.

Question 22

James had been dismissed from his employment after being caught stealing cash from the business during his shift.He decided to vindicate himself by bringing a long and costly law suit for unjust dismissal against his employer.The court will probably award costs on a party and party basis.

Question 23

You are part of a family business that manufactures children's clothing.There is a dispute among some of the family members about the appropriate division of profits.In order to have a judicial resolution of the dispute you would need to enter pleadings in the Family Court.

Question 24

All administrative laws are criminal laws and enforceable as such even though they are not part of the Criminal Code.

Question 25

You believe that an error has been made in the court's decision in your case at trial.You may be able to reach a more favourable decision by having a jury rehear and decide upon the case if you wish to appeal it.

Question 26

The historical development of the court system shows a trend away from decisions being made by the community as a whole and toward decisions being made by one authoritative person.

Question 27

Administrative agencies,boards,or commissions enforce criminal laws.

Question 28

Lorna successfully sued the Hot Stuff Restaurant because she was injured by a piece of glass in a pie that she was served there.She believes the judge used too low a duty of care in assessing whether Hot Stuff had been negligent,which was the legal issue.Lorna may appeal on the basis of the judge's error.

Question 29

While researching his family history Norman discovered that his grandmother was the first Canadian female lawyer to appear before a judge of the surrogate court.She was there to deal with a will.

Question 30

Administrative agencies,commissions,or boards are usually given the power to make procedural rules under the legislation that they are required to enforce.

Question 31

An administrative body may revoke a license or registration of a professional person at any time without disclosing its reasons.

Question 32

Administrative laws set out broad policy statements and establish a board commission or agency to ensure compliance by business.

Question 33

Decisions of administrative agencies or boards that revoke a license or registration are unenforceable because they are not courts.

Question 34

The professions of medicine,law,and accounting are governed by bodies established under administrative laws.

Question 35

An administrative agency,commission,or board cannot revoke the license or registration of a business without giving the business an opportunity to object.

Question 36

Colin has sued Peter,and Peter has just sent a counter-claim.Since Colin has received it,the case can now be set down for trial.

Question 37

Antonella is suing Barbara for failing to pay her for goods she bought.It will be up to Antonella to prove her case on the balance of probabilities.

Question 38

Administrative agencies,boards,or commissions usually use Registration or licensing to control business subject to the administrative law.

Question 39

Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to Patricia.It is up to the judge who heard the case to decide to what extent Mabel is required to compensate Patricia through the payment of damages.

Question 40

Walter was the only witness to an unprovoked assault by Queenie on June.June was attacked from behind and did not see who hit her.Queenie has denied she did it,but Walter told June that he saw her do so.When the case comes to trial,Walter is serving in West Africa with CUSO and cannot be reached.Since June was there and has the direct evidence of a witness,she may tell the court what Walter saw.

Question 41

As the representative of a major newspaper chain,you are opposed to the recent tendency of judges to grant publication bans during the court proceedings of controversial and high-profile trials.Together with several of your colleagues from other media organizations you decide to challenge the most recent ban.Which of the following is true?

A)Your challenge would be brought as a proceeding in a court of original jurisdiction.
B)If you are not successful you would be granted an appeal of your case to the Supreme Court of Canada.
C)The proper forum for your challenge is the Canadian Judicial Council since it involves the actions of a judge.
D)Both a and b.
E)None of these.

Question 42

Decisions of administrative bodies that affect the right of businesses to operate or professional persons to practise their profession must be made in accordance with the rules of natural justice.

Question 43

A customer of the bank for which you work as chief systems analyst is suing your bank.The customer alleges that money apparently withdrawn through an automated teller machine from his account must have been removed through a bank error,since he did not do so and no one knows his identification number nor has access to his card.You are called upon to testify as to the security processes in the bank's computer system and the accuracy of the computerized automated teller machine's records.Which of the following is true?

A)As an expert witness,you will be giving direct evidence at trial.
B)As an expert witness,you will be giving opinion evidence at trial.
C)As an expert witness,you will be giving hearsay evidence at trial.
D)As an ordinary witness,you will be giving opinion evidence at trial.
E)As an ordinary witness,you will be giving direct evidence at trial.

Question 44

The provincial legislature is about to pass a piece of legislation that conflicts with one of the following rights.It had intended to do so under s.33(1),the notwithstanding clause,but has just found out that s.33 is not effective against this right.Which of the following is it?

A)the right to life,liberty,and security of the person.
B)freedom of speech.
C)freedom of religion.
D)the right to vote.
E)equality rights.

Question 45

Administrative bodies must usually hold a hearing to allow persons affected by a proposed decision to appear and defend against such action before a decision is finalized.

Question 46

If the Constitution were to be amended to make ownership of property a right,it would be necessary to have the agreement of i)at least two-thirds of the provinces that together comprise at least half of the population of Canada.
ii.at least half of the provinces that together comprise at least two-thirds of the population of Canada.
iii.more than half of the members of the Federal Parliament.
iv.at least two-thirds of the members of the Federal Parliament.
v.all ten provinces.

A)i.
B)ii.
C)i and iii.
D)ii and iv.
E)iii and v.

Question 47

In response to the growing number of traffic deaths resulting from alcohol-related accidents,many provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to discourage drunk driving.When this practice was challenged in the courts as an infringement of s.9 of the Charter,which of the following is true?

A)Counsel for the Crown successfully argued that the practice could be continued indefinitely because of s.33 of the constitution,which allows the provinces to exempt the legislation from the application of the Charter.
B)Counsel for the Crown successfully argued that the law permitting roadside checks is valid on the basis of s.1 of the Charter.
C)The challenging party,a motorist who had been stopped and found to have excessive blood- alcohol levels,successfully argued that the legislation violates his s.6 mobility rights.
D)a and b.
E)All of these.

Question 48

When judges apply the principle of stare decisis in deciding a case before them they are,in effect,applying the

A)principles decided in another court judgment.
B)doctrine of precedent.
C)principles of equity.
D)a and b.
E)b and c.

Question 49

The federal government placed new legislation before Parliament regarding the regulation of telecommunication companies.Which of the following statements is not true?

A)This proposed legislation is called a "bill."
B)This legislation must be brought before the House of Commons three times and then it will be law if it is passed.
C)Once the proposed legislation has been passed by the Parliament of Canada,it must be given royal assent and be proclaimed.
D)Once the proposed legislation has been passed by the Parliament of Canada,it can be amended by another statute.
E)All of these are true.

Question 50

An administrative law was passed and proclaimed in force on January 1,2003,that prohibited anyone from operating a pet-supply business unless he or she was registered under the act.Harvey operates a pet-supply business.Which of the following is true?

A)Harvey can ignore the law because he was carrying on his business before the law came into effect.
B)Harvey must register with the appropriate agency in order to lawfully carry on his business.
C)If Harvey ignores the law,he has violated a criminal law statute.
D)Registration is only a guideline,and registration is an option only.

Question 51

Raymond,who lives in Manitoba,appeals a trial court's decision in a case in which he sued a former business partner and lost.The highest court to which Raymond's case can possibly eventually be appealed is

A)The Court of Appeal for Manitoba.
B)The Federal Court of Appeal.
C)The Supreme Court of Canada.
D)The Privy Council of the House of Lords.
E)The Court of Queens Bench for Manitoba.

Question 52

The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer licence for their new restaurant.Which of the following is not true?

A)The Board is an administrative tribunal,not a court of law.
B)The decisions of the Board become part of the administrative law of the province.
C)Agencies and boards such as this one are part of the expanding government regulation of private citizens and businesses.
D)The Simpsons will deal with civil servants rather than elected representatives while applying for their licence.
E)All decisions of the Board are subject to approval by the provincial legislature.

Question 53

Your company,a manufacturer of household cleaning products,successfully defended a product liability suit brought by a customer for a serious skin irritation she suffered after using an oven cleaning solution made by your company.Your defence was based on the fact that adequate warnings were placed on the container stating that users should wear gloves.The plaintiff has appealed the court's decision on the basis that the judge failed to apply the legal principle of strict liability to this case,which would automatically find the manufacturer liable if the product itself were,in fact,found to be inherently dangerous.Which of the following is true?

A)The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and order a new trial to assess this point.
B)The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision.
C)The Court of Appeal may find that the trial judge properly considered the principle of strict liability and dismiss the appeal and affirm the decision.
D)All of these except b.
E)All of these.

Question 54

A small Ontario town passes a by-law that says shop signs must be in English only.A butcher's shop that caters to the local German-speaking population is charged with infringing the by-law and the proprietor raises s.2(b)of the Charter in his defence.Which of the following is true?

A)Since only political speech is protected by the Charter,he will lose.
B)Since the Charter does not apply to non-government bodies like a butcher's shop,he will lose.
C)Since the Charter protects commercial expression because it helps individuals make informed economic choices,he will win.
D)Since the Charter does not specifically protect commercial expression,regardless of any value it may have,he will not win.
E)None of these.

Question 55

There is no appeal from a decision of an administrative body that arbitrarily revokes the license to practise of a professional person.

Question 56

The government of the province has introduced a bill into the legislature to make the recycling of household garbage mandatory.Once it has passed third reading,the next step is that it must be

A)sent to the relevant committee for clause-by-clause study.
B)given royal assent by the Lieutenant-Governor.
C)debated in principle by the members of the legislature.
D)sent to the Senate for approval.
E)amended and prepared for its final reading.

Question 57

If you were a judge in a court system in Canada,which of the following would not normally be a role that you might be called upon to perform?

A)Deciding whether or not federal legislation interfered with provincial legislative jurisdiction.
B)Deciding whether or not a plumber has the proper qualifications to be granted a licence.
C)Deciding whether or not an individual has breached the terms of a contract with another individual.
D)Deciding whether a government agency has interfered with the constitutional rights of a citizen.

Question 58

You have won the electric shaver suit and the manufacturer has appealed.Which of the following statements is not true?

A)You are the respondent.
B)The manufacturer is the appellant.
C)The manufacturer can bring its appeal on the basis that the judge made an error in interpreting or applying the law.
D)The manufacturer's witnesses will all give their evidence before any of your witnesses are called to give their evidence.

Question 59

Maxine,an accountant,was annoyed with her employer for telling her that her work was not up to standard,so she created a computer virus that would erase key accounting data if Maxine's name was removed from the payroll.This is a crime under the Criminal Code.If Maxine is caught,she will be

A)prosecuted by the Crown because the Criminal Code is enforced by the Crown.
B)sued by the Crown because the Criminal Code is Common Law.
C)sued by her employer under the Criminal Code because it is a civil law matter.
D)sued by her employer under the Criminal Code because it is a Common Law matter.
E)prosecuted by the Crown for breach of the Civil Code.

Question 60

Harvey decides to register his business as a pet-supply firm as required by the new law.He applies for registration,but is turned down because the agency policy rules state that anyone convicted of theft in the last five years may be denied registration.Harvey was convicted of a minor theft as a teenager five years ago.He decides to appeal the denial to the Business Appeal Tribunal established under the act to hear appeals.Which of the following is true?

A)The Business Appeal Tribunal is an administrative tribunal.
B)Bodies like the Business Appeal Tribunal have no powers outside those granted to them under the act.
C)Tribunals such as the Business Appeal Tribunal must treat people who appeal in a fair manner,and give them a fair hearing.
D)All of these.

Question 61

Helga was charged in 1987 with the theft of confidential information in Vancouver.The only case at the time that was relevant was one in which the Ontario Court of Appeal said that the defendant,in a situation identical to Helga's,was guilty of theft.

A)Discuss how the theory of precedent applies here.
B)If the defendant in the Ontario case appealed and,in the summer of 1988,before Helga's case had come to trial,the Supreme Court of Canada reversed the Ontario Court of Appeal's decision,would this change your answer to the previous question? Why or why not?

Question 62

Legislation is passed to protect the public and control the business activities of travel consultants,and to establish an agency to carry out the mandate.If the control is to take the form of licensing,outline a process that the agency might establish to address appeals where a license is denied.

Question 63

You believe that trapping fur-bearing animals is inhumane and you want the province to prohibit it altogether.Discuss why it would be best to use statute law to achieve your goal,and explain any problems that could be created by your choice.

Question 64

The Competition Tribunal has ordered that a hearing be held in response to the results of an inquiry made by the Commissioner into a proposed merger of the two largest companies in the food service industry.As the President of one of the companies involved in the merger you are concerned that the Tribunal may not permit you to enter crucial technical data as evidence that you need to show that the merger does not lessen competition to the detriment of the public.

A)Explain why you should or should not be concerned about this.
B)After the hearing is completed the Tribunal makes an order prohibiting the merger.You were able to present only part of your technical data as evidence,although the other company called upon an expert witness to interpret the data and present arguments about the nature of the food services industry.What is your response to the order? What is the probable outcome?

Question 65

Under the Ontario Travel Industry Act,someone who is turned down for registration as a travel agent may appeal the Registrar's decision to the Commercial Registration Appeal Tribunal,a body appointed by the Ministry of Commercial and Consumer Relations.A conviction for theft within the previous five years is grounds to refuse registration.Ben,who had a conviction for shoplifting 10 years ago,has been turned down,and he has decided to appeal.Which of the following is not true?

A)The Commercial Registration Appeal Tribunal is an administrative law body,not a court.
B)The hearing in front of a Tribunal like this is not conducted in exactly the same way as a trial in a court.
C)Bodies like the Tribunal have no powers outside those granted to them under the relevant legislation.
D)Tribunals such as this must treat persons who appeal to them in a fair manner,but they do not have to follow the same rules of evidence and procedure as a court.
E)All of these statements are true.

Question 66

As a witness for the plaintiff in a large upcoming civil suit,you are feeling nervous about giving testimony,and would like to know how the whole trial process works.A friend explains how a trial proceeds and how witnesses are dealt with during the trial.Repeat here what she tells you.

Question 67

Professor Dobson is 65 and,under the mandatory retirement policy of his university,must retire next July 1.He does not wish to do so.

A)Discuss whether he can bring a Charter action against the university.
B)Assuming he can bring a Charter action against the university,what would his argument be,and how would the university answer it?

Question 68

Occasionally when the Common Law is applied to the facts of a case before the courts,the injured party faces a financial or personal hardship as a result.This often occurs where the strict application of the law prevents the recovery of damages by the injured party because of some action taken by him that may have been unintentional.Discuss what the court may do in such an instance at the request of the injured party and explain whether you believe the outcome to be desirable.