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Wk1 Review Guide 1. The Supreme Court nullifies legislation on constitutional grounds. There are three ways to challenge a statute: 1. Argue that the statute is invalid because the subject matter of the legislation is not within the jurisdiction of the relevant government, 2. Argue that the statute is invalid because the legislation violates the Charter of Rights and Freedoms, 3. Argue that the interpretation of the legislation is wrong, and the statute does not apply to the particular conduct. The Supreme Court as umpire in any jurisdictional dispute involving legislation consist of: A. Five judges B. Seven judges C. Nine judges D. Twelve judges 2. Below are the subcategories of public law, except? A. Torts law B. Constitutional law C. Criminal law D. Taxation 3. In a stare decisis or theory of precedent, the higher courts are bound to follow the decision of the lower courts? A. True B. False 4. Which of the following has the standing right to sue or who has the right to start a lawsuit? A. A person under the age of 18 years old B. A Corporation C. A non-Canadian individual D. B & C 5. Below are branches of government, except? A. Municipal government B. Judiciary C. Parliament D. Executive 6. The universal medical care scheme and employment insurance are the classic examples of law that says, as the instrument of social change. A. True B. False 7. Laws that are based on the established set of moral and ethical values whose precepts are considered to be eternal and immutable. Please select below that applies. A. Natural law B. Substantive law C. Procedural law D. Common law 8. __________ is a philosopher that says the world with no enforced legal order, life would be nasty, brutish, and short because of the propensities of human nature are aggressive and violent. Please select below that applies. A. Greek Philosopher Aristotle B. Thomas Hobbes. C. Karl Marx D. Roscoe Pound 9. The great philosopher that recognized two broad categories of law which he called retributive and distributive justice that remained generally recognized today. Please select below that applies. A. Jeremy Bentham B. Roscoe Pound C. Karl Marx D. Aristotle 10. Law is a body of rules that can be enforced by the courts or by other government agencies. Please select below that does not apply. A. Purchase of automobile B. Incorporation of a company. C. Payment of a loan. D. A plaintiff bring action before the court for non-performance of the contract whose object of the contract are bets and wagers. 11. A philosopher of the 19th century who asserted that the upper class would never surrender any of their protection and privileges through persuasion or other form of non-violent pressure. A. Thomas Hobbes. B. Roscoe Pound C. Jeremy Bentham D. Karl Marx 12. The court plays diverse roles in the federal legal system. Please select below that applies. A. Arbiter of disputes between private parties. B. As protector of civil liberties. C. Arbiter of the constitution. D. All the above 13. The Charter of Rights and Freedoms is entrenched in the constitution; therefore, it cannot be repealed by an ordinary act of parliament or of provincial legislation in each of the areas where formerly they were able and repeal laws at their will. A. True B. False 14. The branch of government that enact and pass law. Please select below that applies. A. Court of appeal B. Executive branch C. Judiciary D. Parliament 15. The branch of government that execute and implement laws. Please select below that applies. A. Municipal court. B. Executive branch C. Judiciary D. Member of the parliament 16. The branch of government that cannot act as litigant in a case. Please select below that applies. A. Municipal court. B. Executive branch C. Judiciary D. Parliament 17. Which of the following is the final arbiter of the constitution of Canada, the umpire between the two levels of government Federal and Provincial. A. Tax court B. Executive branch C. Parliament D. Supreme court 18. The constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provision of the constitution is, to the extent of the inconsistency, of no force or effect. A. True B. False 19. Under the Charter of Rights and Freedoms, everyone has fundamental freedoms. Which of the following below is not one of it? A. Freedom against arrest and detention B. Freedom peaceful assembly and association C. Freedom of conscience and religion. D. Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication. 20. All rights and freedoms that were set out in the Charter of Rights and Freedoms are absolute and without limitation because it were entrenched in the constitution? A. True B. False 21. Which of the following below is the primary source of law? A. Case law and parliament legislation B. Canada Revenue Agency C. Executive department D. Tax court of appeal 22. A large retail store outlet wanted to provide a space for intended clinic to two optometrists but was prohibited by the Alberta Optometrists Act that says, any member is prohibited from carrying their profession with other non-optometrist. The optometrists challenged this rule as a violation of their rights and freedoms of association as guaranteed under the Charter. Does the action of the optometrists succeed? A. True B. False 23. __________ is the level of court that hears cases on the basis of written trial record of which the opposing side argue only question of law claiming that the trial judge erred in interpreting the law while the other side arguing to uphold the decision of the trial judge. A. Trial Courts B. Court of Appeal C. Supreme Court D. Parliament 24. Below are the three levels of court, except? A. Trial Courts B. Court of Appeal C. Supreme Court D. Parliament 25. Under the Charter Rights and Freedoms, every individual has mobility rights. Please select below that applies. A. Has the right to enter, remain in and leave Canada, B. Has the right to move to and take up residence in any province, C. Has the right to pursue the gaining of livelihood in any province. D. All the above. 26. Which of the following below is not optional that binds all of us and we cannot opt out? A. Law B. Ethics C. Morals D. All the above 27. Law is needed to protect persons, properties, and society as a whole from harmful conduct such as assaulting another person or stealing persons property. Please select below that best describes its definition. A. It influences and controls interaction between individuals. B. It influences and controls the behaviour of individuals in society. C. It empowers, influences, and controls the actions of government. D. All the above 28. Law that gives government the power to act for the benefit of society as a whole and authorizes the government to provide policing, fire fighting, education and health care and raises taxes to pay for those activities. Please select below that best describes its definition. A. It influences and controls interaction between individuals. B. It influences and controls the behaviour of individuals in society. C. It empowers, influences, and controls the actions of government. D. All the above 29. Does a non-Canadian may also sue as freely as citizens? A. True B. False 30. Law that regulates interaction between individual and enable them to make legally binding agreement and enforceable in the court which is known as private law. Please select below that best describes its definition. A. It influences and controls interaction between individuals. B. It influences and controls the behaviour of individuals in society. C. It empowers, influences, and controls the actions of government. D. All the above 31. Are law and justice concluded to be always coincided? A. True B. False 32. Below are forms of legal liability, except? A. Municipal court B. Civil liability C. Regulatory or quasi-criminal liability D. Criminal liability 33. ____________ responsibility arising from breaches of less serious rules of public law, often enforced through specialized regulatory tribunal set up by the government for specific purposes. A. Municipal court B. Civil liability C. Regulatory or quasi-criminal liability D. Criminal liability 34. A large retail store outlet wanted to provide a space for clinic to two optometrists but was prohibited by the Alberta Optometrists Act that says, any member is prohibited from carrying their profession with other non-optometrist. Who has the standing right to challenge the Alberta Optometrists Act? A. The retail outlet B. The optometrists C. Both retail outlet store and optometrists D. Store Manager 35. In an efficient regulated market economy, consumers and customers have a better choice between the goods or services of the competing firms and prices will be lower and quality of goods are better or both. In contrast, an unregulated market, most big efficient firms will ultimately drive out the less efficient firms in certain sectors and big firms enjoy monopoly and there will be no more competition and the benefits of a free market will be lost. Which of the following below is not the type of anti-competitive behaviour? A. Mergers B. Monopoly C. Conspiracies D. Market 36. Mr. A sends a letter which was dated June 15th to Mr. B offering to sell its warehouse for $1.5M and stating that the offer is open only until June 30, and it must have heard from Mr. B by then. Mr. B received the letter and, on June 20, immediately prepares a letter of acceptance. Before he mails his reply on the morning of June 22, Mr. A changed his mind and telephones Mr. B and tells him that he withdraws his offer. Does the revocation of an offer valid? A. True B. False 37. In 1982, the Charter of Rights and Freedoms became part of the Constitution. Since it was entrenched in the Constitution, it cannot be repealed by an ordinary act of the Parliament or a provincial legislature in each of the areas where formerly they were able to pass and repeal laws at their will. Does the Charter of Rights and Freedoms apply between private person or corporation? A. True B. False

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