CLU3M1 Practice Exam - Law PDF

​ ​ PRACTICE EXAM ​ ​ THIS IS AN OLD EXAM IT IS A GOOD TOOL TO PRACTICE WITH. GOOD LUCK :) ​ ​ ​ Examination Instructions: ​ PART A: APPLICATION MATCHING (10 MARKS) Match the correct term with its definition. There...

​ ​ PRACTICE EXAM ​ ​ THIS IS AN OLD EXAM IT IS A GOOD TOOL TO PRACTICE WITH. GOOD LUCK :) ​ ​ ​ Examination Instructions: ​ PART A: APPLICATION MATCHING (10 MARKS) Match the correct term with its definition. There are more terms than definitions and terms are only used once. Mark your answers on this sheet. __m____ The ability of a reasonable person to anticipate the consequence of an action. ___c___ The degree of proof in a civil action; a greater likelihood. ____e__ Money paid to a plaintiff for future monetary loss, pain and suffering, and loss of​ ​ ​ enjoyment of life. ___n___ The degree of caution or level of conduct expected of a reasonable person. ___a___The division of fault among different wrongdoers. ___b___ Money paid to a plaintiff for the purpose of punishing the defendant for an uncaring or ​ ​ violent act. ___i___ The parties involved in a civil action. ___j___ Money awarded as compensation for loss or injury. ___g___An agreement in which the parties indicate concensus through their conduct. ___l___ An agreement in which the terms have been discussed and agreed upon in advance. ___o___ Common law is based on a series of past cases known as the rule of ___h___ The historical system of law that Quebec civil law is based upon. a. apportionment ​ b. punitive damages ​ c. balance of probabilities ​ d. counterclaim e. general damages f. arbitration​ ​ g. implied contract​ ​ h. Napoleonic Code i. litigants​ ​ j. damages ​ ​ k. plea​​ ​ ​ l. express contract m. foreseeability​ n standard of care​ o. precedent​ ​ ​ p. claim PART B: KNOWLEDGE MULTIPLE CHOICE/TRUE AND FALSE QUESTIONS (24 MARKS)  For each of the following statements, select the answer that best applies.. 1.​ Which judicial decision may NOT be appealed? a. Supreme Court of Canada decision b. Ontario Court of appeals decision c. Ontario Court of Justice Provincial Division d. Ontario Court of Justice General Division decision decision 2.​ What category of law does tort law fall under? a. constitutional law b. criminal law c. civil law d. administrative law 3.​ In a criminal trial, the onus of proof is on the: a. Crown to proved beyond a reasonable doubt b. police to provide reasonable and probable that the accused committed the offence grounds to indicate that an offence has been committed c. Defence attorney to prove that his/her client d. Judge to determine through questioning the is innocent. innocence or guilt of the accussed. 4.​ A hybrid offence: a. can be tried as either a summary conviction b. is a summary offence if the person is over offence or an indictable offence 18 years of age c. involves only drug offences d. None of the above 5.​ Criminal law in Canada falls under the jurisdiction of the… a. Federal government b. Provincial government c. Federal and Provincial governments d. Federal, provincial and local governments 6.​ To make an arrest, an officer must… a. Have reasonable and probable ground b. Demonstrate the individual committed a criminal offence c. Reveal the charges to the apprehended d. All of the above individual 7.​ A person can be held responsible for the torts of another under the principle of a. Occupier’s liability b. Strict liability c. Vicarious liability d. Manufacturer’s liability 8.​ Written defamation is a. Slander b. Slander per se c. Chattels d. Libel  9.​ The defence of _______________ could be invoked when defamation occurs within the House of Commons. a. Fair comment b. Absolute privilege c. Necessity d. Prescription 10.​When comparing torts and crimes, the crime of assault would be the tort of________. a. False imprisonment b. Battery c. Conversion d. Unintentional tort 11.​When comparing torts and crimes, the crime of homicide would be the tort of________. a. Wrongful death b. Battery c. Conversion d. Unintentional tort 12.​A decision in an earlier case that must be followed in later cases is known a a. subpoena b. court order c. precedent d. statute 13.​An act or omission prohibited by a federal law is a a. Tort b. Crime c. Law suit d. Precedent 14.​The physical element of a crime is called the a. Mens rea b. Habeas corpus c. Modus operandi d. Actus reus 15.​The mental element of a crime is called the a. Mens rea b. Habeas corpus c. Modus operandi d. Actus reus 16.​The most serious criminal offences are a. Indictable offences b. Felony offences c. Hybrid offences d. Summary offences 17.​When an accused is given a(an) ________________, the accused is not arrested but must show at court on the day indicated on the form. a. Writ of habeas corpus b. Recognizance c. Appearance notice d. Subpoena 18.​A common law right to a hearing to determine the legality of a detention is the right of a. Printemps b. Habeas corpus c. Corpus delicti d. Subpoena 19.​The most lenient sentence a person can receive is___________. a. Restitution b. Parole c. Probation d. Discharge 20.​Sentencing which attempts to solve the problem that led the offender to commit the crime is based on a philosophy of ______________. a. Retribution b. Rehabilitation c. Retribution d. Deterrence Decide if the following statements are true or false. 21.​T​ F​ Oral contracts are the easiest contracts to enforce. 22.​T​ F​ If a marriage does not meet the essential requirements, then that marriage is ​ ​ ​ declared void ab initio. 23.​T​ F​ A Banns of Marriage is a public declaration in a church announcing a couple’s ​ ​ ​ intention to marry. 24.​T​ F​ The essential requirements for marriage are federal laws that determine a person’s ​ ​ ability to marry. PART C: COMMUNICATION SHORT PARAGRAPH ANSWERS (20 MARKS) (i)​ Introduction to Law 1. Describe the rule of law and how it is applied in Canada. 2. What are the major historical influences in Canadian law? 3. Why do laws change overtime? 4. Differentiate between rules and laws. (ii)​ Charter of Rights/Human Rights 1. Define constitution and why is its purpose in society? 2. What is importance of sections 1 and 33 in the Charter of Rights and Freedoms. 3. Describe the pro and cons of the Supreme Court’s role in deciding Charter cases. 4. Outline the purposes of Human Rights legislation and how does this legislation protect Canadians? (iii)​ Criminal Law 1. Define what a crime is and how society deals with individuals who commit crimes 2. Describe the Canadian criminal process, from arrest to sentencing. 3. Describe the Canadian court system. 4. What are mens rea and actus reus, and why are they important in Canada’s criminal justice system? (iv)​ Civil Law 1. Describe the factors or stages in negligence action. 2. Define defamation. What are the different forms of defamation? 3. What are the essential requirements for a legal marriage in Canada? 4.​ Compare and contrast civil and criminal law 5.​ PART D: APPLICATION CASE STUDY ( 20 MARKS) 1. Define duty of care. (1 mark) 2.​ Did the defendant pub owe the plaintiff a duty of care? Explain (3 marks) 3.​ Define contributory negligent. (1 mark) 4.​ Why was the plaintiff found 75 percent contributory negligent. (3 marks) 5.​ In his ruling, the trial judge stated, “I find that the defendant Sutton not only owed its employee an obligation to take responsible care to avoid such acts or omissions which it could reasonably have foreseen would likely cause her some harm…He ought to have anticipated the possible harm that could have happened to her and…taken positive steps to prevent her from driving home.” What did the judge feel Hunt’s employer should have done? (4 marks). 6.​ How will this case have an effect on society? (4 marks) 7.​ What arguments do you think will be made by the defendant on appeal? (4 marks)