Question 1 Which statement best reflects a core positivist approach to the law?

a. Only positive laws should be enforced. b. The moral impact of specific laws must be analyzed. c. Laws must be positively stated in order to be enforced. d. The law represents a social contract between the individual and the state.

Question 2 Which term best describes those who argue that law can only be understood by understanding political, economic, and social contexts?

a. libertarians b. legal realists c. legal positivists d. natural law adherents

Question 3 The U.S. Constitution and the Canadian Charter of Rights and Freedoms:

a. fundamentally conflict. b. are time specific only. c. are statements of natural law ideas. d. have no moral premises to support them.

Question 4 Why is it almost absurd to speak of a Marxist theory of law?

a. Marxists advocate the withering away of the state. b. They support dialectical materialism. c. Marxists are prone to totalitarian solutions. d. The law is fixed in the core of this theory.

Question 5 Which perspective of law is suspicious of all state action?

a. legal realism b. positivism c. libertarianism d. anarchism

Question 6 Why do the legal positivists seek to sever valid law from morality as contemplated by the natural law theorists?

a. The difficulty in finding agreement on what should count as 'moral' b. The difficulty in finding agreement on who should be the sovereign c. The difficulty in finding agreement on who should pass laws d. All of the above e. B and C only

Question 7 What is the thinking behind classical natural law theory?

a. There must be no connection between law and morals b. There must be a connection between law and morals c. An unjust law is no law at all d. All of the above

Question 8 During the classical period how did the Ancient Greek philosophers discover the law and understand justice?

a. They looked to the sovereign for their commands b. Through reason c. Through religion d. All of the above e. None of the above

Question 9 What was the main shift made by the Christian revisions of natural law?

a. Toward creating a hierarchy of sources of natural law with the inclusion of the idea of God's eternal law knowable through human reason b. The rejection of human reason in favour of God's eternal law communicated through scripture c. The rejection of a notion of natural justice knowable through reason d. None of the above e. B and C only

Question 10 Which of the following jurisprudential traditions was the forerunner to what we now refer to as 'human rights'?

a. Sociological jurisprudence b. Legal realism c. Natural law d. Legal positivism

Question 11 Fuller's natural law framework is also referred to as what?

a. Processes natural law b. Procedural natural law c. Foundational natural law d. The grundnorm e. None of the above

Question 12 Legal positivists are concerned with describing ____________________.

a. what the law is b. what the law ought to be c. valid law d. the moral foundation of law e. both A and C

Question 13 Sociological jurisprudence and legal realism share the view that: a. law is a tool for human betterment and social progress b. law is not affected by the biases of actors in the legal system c. law is comprised of the neutral application of neutral rules d. law is independent of everyday social interactions

Question 14 From the perspective of natural legal theory the famous Buck v. Bell (1927) case authorizing involuntary sterilization, demonstrates how law can be used as a coercive tool to advance society and promote social progress. True False

Question 15 Which jurisprudential school, or schools, of thought are most likely to view forced vaccination, involuntary sterilization, and the prohibition on mixed marriages as valid law? a. Natural law b. Legal positivism c. Sociological jurisprudence/legal realism d. None of the above e. Both B and C

Question 16 Which of the following theoretical paradigms are anti-liberal? a. Critical race theory b. Radical feminism c. Cultural Marxism d. All of the above

Question 17 What concept is used to describe how the material conditions of production create laws that tend to perpetuate, rather than resist and reveal the true nature of the existing modes of production? a. Ideology b. Exchange value c. Surplus value d. Exploitation

Question 18 Critical theories believe that modes of (re)production and/or systems of domination produce ______________ who share values and political aims on the basis of their shared exploitation. a. identity groups b. a class c. individuals d. consensus groups

Question 19 Finnis's natural law jurisprudence may fail to overcome the problem of the law becoming tyrannical where law is justified in the name of the common good of the community yet seeks to use coercion to restrict gay marriage because same sex unions are judged by a community not to promote the common good or human flourishing. True False

Question 20 The Royal Proclamation of 1763 provided for the introduction of English laws and courts in Canada and guaranteed Aboriginal self-government. True False

Question 21 Case law is not a source of Canadian law because courts are not allowed to make law; they are only allowed to interpret existing statutes. True False

Question 22 All judicial decisions in Canada are reported. True False

Question 23 The importance of judicial precedent depends upon the hierarchical placement of the court issuing the decision. True False

Question 24 Canadian law has not been influenced by any non-British legal system. True False

Question 25 Archival materials, minister's notes, newspaper reports, and commission documents can be useful documents to review when trying to understand why a law was passed. True False

Question 26 After the Act of Union 1840, de facto, what did the Province of Canada become? a. subject to direct rule from Britain b. a client state of the U.S. c. a self-governing nation state d. a French colony

Question 27 Which statement demonstrates the limitations for separately classifying procedural law and substantive law? a. Procedural law is judge-made law. b. Both types of law are part of Canadian domestic law. c. Substantive law deals exclusively with the description of offences. d. Some enactments contain a codification of steps to be taken in a legal proceeding.

Question 28 What area of law is primarily concerned with collective interests? a. public law b. family law c. procedural law d. constitutional law

Question 29 Canadian law has imported the laws of other national jurisdictions. Which of the following national jurisdictions have laws that have been imported into Canadian law? a. France, Britain, and Germany b. France, Britain, and the United States c. Australia, Britain, and the United States d. France, Germany, and the United States

Question 30 Case Law and Custom are, today, written down but are classified as unwritten law. Why? a. Unwritten law came from a variety of sources. b. Unwritten law was passed down over the centuries. c. Unwritten law is the category of law classified as public law. d. These unwritten laws are written down, but they are not the product of any legislature.

Question 31 Which statement best describes the process of court interpretation of ordinary legislation? a. It abuses the power of elected representatives. b. It gives the unelected judiciary the power to protect its privileges. c. It ensures the separation of judicial, legislative and executive powers. d. It modifies the designs of lawmakers to conform to the real situations presented in court.

Question 32 Custom, as a source of Canadian law is most closely associated with which area? a. family law b. trade law c. criminal law d. constitutional law

Question 33 Canada's first illegal drugs law passed in 1908. What was its background? a. It responded to the serious harm that opium was causing in British Columbia. b. It was a copy of an American law. c. It originated in a racially motivated labour confrontation. d. It responded to the volume of opium imports from Japan.

Question 34 What name is given to the recordings of the written transcriptions of the House of Commons? a. The Horton b. The Hansard c. The Debates of the House of Commons d. The Proceedings of the House of Commons

Question 35 In her book The Black Candle, Emily Murphy advocated for which of the following? a. increased penalties for the use drugs b. increased penalties for the distribution of drugs c. expanded powers of search and seizure for police d. all of the above

Question 36 Which statement best explains the reasoning for the Supreme Court's decision in R. v. Oakes? a. The court decided that the reverse onus provision in the Narcotic Control Act was racially motivated and should be struck down as contrary to the Charter. b. The court decided that the reverse onus provision in the Narcotic Control Act was necessary to control the seriousness of the drug problem in Canada. c. The court decided that the reverse onus provision in the Narcotic Control Act contravened a person's right to be presumed innocent until the crown could prove otherwise. d. The court decided that the reverse onus provision in the Narcotic Control Act should be changed so that the crown only had to prove that an accused person was guilty on the balance of probabilities.

Question 37 According to Elmer Driedger, which of the following should be considered while interpreting an Act? a. what is the scheme of the Act b. what is the object of the Act c. what is the intention of Parliament d. all of the above

Question 38 Why have definition sections been written into specific legislation? a. To prevent judges from overstepping their jurisdiction. b. To lessen the need for legal debate about the meaning of key words. c. To guarantee that Canadians' rights and freedoms are protected from the court. d. To guarantee that Canadians' rights and freedoms are protected from the legislature.

Question 39 Which statement most clearly explains how the "plain-meaning rule" requires the court to interpret the words of a statute? a. It must be interpreted according to the context of the statute. b. It must be interpreted according to the intentions of the statute. c. It must be interpreted according to the literal sense of the words. d. It must be interpreted according to the least absurd meaning of the statute.

Question 40 Which statement best describes the "Golden Rule" of statutory interpretation? a. It is another name for the "plain meaning rule." b. It is another name for the "rule in Heydon's Case." c. It explains that words can always be read literally because the court can assume that the legislators have made no error or omission. d. It requires the courts to interpret statutes to ensure that, in the case of absurdity, repugnancy, or inconsistency, they are remedied by examining the context of the statute.

Question 41 What is the mischief rule of interpretation also known as? a. the rule in Hayden's case b. the Gonnis conundrum c. A black day for the common law d. stare decisis

Question 42 Based on the application of the rules and principles of statutory interpretation in the Persons case, which statement best describes what the Supreme Court of Canada found? a. Women were persons in Canada. b. Women were not persons in Canada. c. Women could hold public office in Canada. d. The law is only intended to apply to men.

Question 43 Since 1982 the Canadian judiciary has modified its approach to statutory interpretation. Which of the following statements best illustrates this change? a. The Canadian judiciary considers the nation's listed values to determine the validity of enactments. b. The Canadian judiciary has chosen to ignore the application of civil rights protections. c. The Canadian judiciary has rarely questioned the wisdom of the legislators in enacting laws. d. The Canadian judiciary has applied the "Rule in Heydon's Case" more frequently.

Question 44 Which of the following definitions best explains stare decisis? a. of the same kind b. the thing speaks for itself c. to stand by decided things d. the expression of one is the exclusion of the other

Question 45 The 1964 Fulton-Favreau amending formula required the unanimous consent of all provinces and the federal government to make most amendments to Canada's constitution. True False

Question 46 The seven-fifty formula requires a total of fifty-seven Senators to vote in favour of a constitutional amendment. True False

Question 47 All inequality is inherently evil and therefore contrary to the provisions of section 15 of the Charter of Rights and Freedoms. True False

Question 48 The list of rights in section 15 of the Charter of Rights and Freedoms is a closed list and therefore if the infringed right is not in the list, the Charter can not apply. True False

Question 49 Subsection 15 (2) of the Charter allows for the inequality of some when a government initiative is designed to promote the equality of other previously disadvantaged. True False

Question 50 In R. v. Oakes, the Supreme Court established a two-part test for the application of section 1 of the Charter. True False

Question 51 Which statement exemplifies the most significant difference between constitutional law and any other form of statute law? a. Constitutional laws can only be introduced in the Senate. b. Only a limited number of constitutional laws can be passed per year. c. Constitutional law cannot be changed unless the amending formula contained therein is applied. d. Constitutional laws cannot be signed by the Governor General or Lieutenant Governor of a province.

Question 52 Which three expressions of constitutional law define the powers of government and the rights of citizens? a. the Bill of Rights, Statute of Westminster, Meech Lake Accord b. the British North America Act, 1867, the Constitution Act 1982, and the Charter of Rights and Freedoms c. the Universal Declaration of Human Rights, 1948, the Code of Hammurabi, and the Napoleonic Code. d. The Fifth Amendment, the Bill of Rights, and the Criminal Code.

Question 53 Which statement best defines the outcome of the "patriation" of Canada's Constitution? a. It made Canada's Constitution more patriotic. b. It made Canada responsible for amending the Constitution. c. It made it illegal for men to be paternalistic towards women. d. It made a constitution that requires Parliament to be more patronizing towards the provincial legislatures.

Question 54 According to your textbook, there are two key amendments to Canadian constitutional law embodied in the Constitution Act, 1982. What are these two key amendments? a. an amending formula for future constitutional amendments and the elevation of a rights document to constitutional status b. an amending formula for future constitutional amendments and the abolition of parliamentary supremacy c. the elevation of a rights document to constitutional status and the abolition of parliamentary supremacy d. the elevation of a rights document to constitutional status and the severance of all legal ties with the monarchical tradition

Question 55 Which statement best describes how Sections 91 and 92 establish the distribution of legislative power? a. They identify which laws must still be approved by the British monarch. b. They identify which powers belong to the legislatures and which belong to the courts. c. They identify which laws are money bills and require unanimous consent of the House of Commons. d. They identify which laws must be enacted by the federal Parliament and which are reserved to the provincial legislatures.

Question 56 When a province passes legislation that is wholly within the powers set out in Section 91 of the Constitution Act, 1982, the courts can declare which of the following? a. The law is intra vires the powers of the provincial legislature. b. The law is ultra vires the powers of the provincial legislature. c. The law is an example of concurrent powers. d. The constitution has no application.

Question 57 Which statement best describes the outcome of the "peace, order, and good government" provision set out in section 91 of the British North America Act? a. It prevents the provinces from enacting their own laws. b. It gives police the authority to search private residences in the interest of public safety. c. It allows the provinces legislative authority over matters specific to their jurisdictions. d. It gives the federal government residual power over areas of jurisdiction not specified in sections 91 or 92.

Question 58 Which situation best defines co-operative federalism? a. It describes the process where bills pass unopposed by the opposition in the legislature. b. It describes the process where bills approved in the House of Commons will be automatically approved by the Senate. c. It describes the process where a matter of federal jurisdiction has been delegated to provincial entities usually in the area of fiscal mechanisms. d. It describes the process whereby the federal government shifts the balance of power between the provinces to ensure all provinces are treated equally.

Question 59 Who negotiated the Charlottetown Accord? a. all of the first ministers, all of the leaders of the then three major national political parties, as well as aboriginal and territorial leaders b. all of the first ministers, all of the leaders of the then three major national political parties, but no aboriginal and territorial leaders c. all but one of the first ministers, all of the leaders of the then three major national political parties, as well as aboriginal and territorial leaders d. all of the first ministers, as well as aboriginal and territorial leaders and the leaders of two of three major national political parties, but not the Liberals, led by Pierre Trudeau

Question 60 What provision was included in the Charlottetown Accord? a. A provision for a separate legal system for aboriginal nations b. A provision for the creation of an aboriginal territory in Canada c. A provision for aboriginal peoples to opt out of the Charter of Rights and Freedoms d. A provision for the recognition of the governments of aboriginal peoples as constituting one of the three orders of government in Canada

Question 61: What was the first major decision of the Supreme Court of Canada that rendered sections of a federal statute, the Indian Act, inoperable under the Bill of Rights? a. R. v. Butler b. R. v. Oakes c. R. v. Drybones d. Attorney General of Canada v. Lavell

Question 62: Which statement best explains how the tradition of parliamentary supremacy has been affected by the Charter of Rights and Freedoms? a. The judiciary now has to approve all laws in Canada before they become operative. b. The provincial legislatures can amend the constitution without the consent of Parliament. c. Section 1 of the Charter of Rights and Freedoms unequivocally guarantees our rights and freedoms. d. The court can declare validly enacted laws inoperative, if they contravene the rights guaranteed in the Charter of Rights and Freedoms.

Question 63: Which statement best describes the applicants' challenge in Halpern v. R., 2003? a. The Indian Act was unconstitutional. b. The reach of police powers violated individual rights. c. Legislation prohibiting same-sex marriage was unconstitutional. d. Section 8 of the Narcotic Control Act was unconstitutional.

Question 64: Which statement best describes the outcome of the proclamation of section 24 of the Charter of Rights and Freedoms? a. Any evidence, however obtained, is admissible in a court of law. b. Any evidence, however obtained, is inadmissible in a court of law. c. Illegally obtained evidence is excluded if its admission would bring the administration of the law into disrepute. d. Illegally obtained evidence is included if its admission would bring the administration of the law into disrepute.

Question 65: When does the Charter of Rights and Freedoms apply? a. It always applies only if Parliament or a provincial legislature specifically agrees to the enacted law being subject to it. b. It always applies to the laws of Parliament or provincial legislatures unless the law specifically states that it will not apply. c. It always applies to the laws of Parliament but only if a provincial legislature specifically agrees to the enacted law being subject to it. d. It always applies to the laws of a provincial legislature but only to Parliament if it specifically agrees to the enacted law being subject to the Charter.

Question 66: Which statement best describes the Supreme Court of Canada? a. It is a people's court, where the accused is able to make a final plea to the judge. b. It is a judge's court, where judges are permitted to question the accused directly. c. It is a lawyer's court, where lawyers appear without their clients to argue points of law. d. It is an open court, where any new evidence becomes open for consideration by the court.

Question 67: What is the only form of media delivery with an absolute right to complete access to the courts? a. print b. radio c. Internet d. television

Question 68: Which statement best explains the main argument for formality in court? a. Lawyers will command higher respect if they wear robes as uniforms. b. Judges will be more neutral to the cases if the lawyers are dressed uniformly. c. Formality lends itself to decorum and dignity which will ensure the respect of the citizenry for the courts themselves. d. It is important for Canada to maintain the monarchic tradition by adopting uniforms similar to those worn in Britain.

Question 69 In civil cases, the outcome depends upon a balance of probabilities. Which of the following statements best explains this idea? a. The plaintiff must establish that his or her claim is more than 50 percent likely to be legitimate. b. The respondent must establish that his or her claim is more than 50 percent likely to be legitimate. c. The plaintiff must convince at least 60 percent of the jury that he or she is in the right. d. The respondent must convince at least 60 percent of the jury that he or she is not in the wrong.

Question 70 In R. v. Gladue the Supreme Court of Canada held that principles of restorative justice must be applied. Which statement best explains their reasoning? a. Aboriginal offenders do not understand the law. b. There is a need to restore justice and order in Aboriginal communities. c. Aboriginal offenders rarely commit criminal acts on purpose. d. There is a need to recognize the impact of systemic discrimination and the different circumstances of Aboriginal offenders.