Canada’s Charter of Rights and Freedoms
1. Question 6: Canada’s Charter of Rights and Freedoms a. Includes fundamental freedoms, such as freedom of expression b. Includes a right for everyone to be treated the same c. Is very precise in spelling out the meaning of the rights it includes d. Protects the rights it contains absolutely and prevents government from limiting them 2. Question 7: To obtain a conviction, the Crown must prove both the mens rea and the actus reus of a criminal offence on what standard? a. On balance of probabilities b. On the basis of what a reasonable person would think c. None of the other answers d. Beyond a reasonable doubt 3. Question 8: A lawyers client tells the lawyer that she is about to go to her exlovers home with a knife, and it is her intention to harm her exlover. The lawyer knows the client is capable of carrying out this threatened act. No one but the lawyer knows what the client is planning. What is the lawyer supposed to do? a. Have the client retain another lawyer, and tell the new lawyer. b. Nothing. The lawyers duty of confidentiality is the most important thing. c. Call the Law Society and ask for guidance on how to handle the situation d. Disclose the clients intentions to the police immediately, despite the lawyers duty of confidentiality 4. Question 10 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text The Criminal Code Select one: a. Defines and classifies criminal offences b. Is fixed and does not change c. is the only source of criminal law in Canada d. Is judgemade law5. Question 11 Lawyers brief cases to provide a concise summary of the case for themselves True False 6. Question 12 Which one of the following most correctly describes the principle of stare decisis: a. The judge must “look the accused in the eye” before passing sentence b. Judges are bound to follow statements of principle determined by higher courts in the same jurisdiction, and decisions from the Supreme Court of Canada c. Judges are bound to follow statements of principle determined by higher courts in any jurisdiction, and decisions from the Supreme Court of Canada d. Lawyers may not make decisions 7. Question 13 The two main sources of law in Ontario are a. The Civil Code and common law b. The Criminal Code and the common law c. Statutory and common law d. Regulatory and social 8. Question 14 Which section of the Charter governs the right to silence? Select one: a. Section 13 b. Section 7 c. Section 10 d. Section 9 9. Question 15 The three historical approaches to statutory interpretation are Select one: a. The Mischief Rule, The Golden Rule, and the Common Sense Rule b. None of the other answers c. The Literal Rule, the Mischief Rule, and the Ordinary Meaning Rule d. The Literal Rule, the Mischief Rule, and the Golden Rule10. Question 16 CanLii is an organization devoted to developing legal literacy for Canadians Select one: True False 11. Question 17 Under the Constitution’s division of powers in ss. 91 and 92, the federal government has the power to: Select one: a. Make laws for the Peace, Order and Good Government of Canada b. Legislate in relation to Trade and Commerce 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. c. Legislate in relation to Criminal Law and Procedure d. All of the other answers Question 18 “External Aids” include Select one: a. The dictionary meaning, the meaning in a legal thesaurus, and sometimes the meaning discussed in Hansard b. The dictionary meaning of words in a statute c. What other judges say a statute means d. The commonly understood meaning of the words in a statute Question 19 Ontario lawyers are required to complete how many hours of Continuing Legal Education annually? Select one: a. 25 b. 12 c. 15 d. 10 Question 20 The Rule of Law Select one: a. Has been incorporated by the provinces into all provincial legislation b. Is a Canadian federal statute c. Is an overarching legal principle that applies to all democratic nations d. Is an overarching legal principle that applies to Canadian lawQuestions 21 The headnote of a case gives a summary of the facts, issues and decision in the case, and it is therefore not necessary to read the whole case Select one: True False Question 22 If a lawyer advocates for a law to be changed, he or she has violated the Law Society’s Code of Professional Conduct. Select one: True False Question 23 In his article, “How the Butler Was Made to Do It: The Perverted Professionalism of the Remains of the Day”, Professor Atkinson describes Select one: a. How lawyers can choose to be either “neutral partisans” or “moral activists”, or something in between b. All of the other answers c. Ethical choices that lawyers must make in their work d. How following clients instructions blindly can lead to injustice Question 24 What charge can be brought against a person who agrees with others to commit a crime, even if the crime is never committed? Select one: a. Counselling a criminal act b. An attempted crime c. Conspiracy to commit a criminal act d. An unfulfilled crime Question 25 A person is detained when Select one: a. They are asked to provide a breath sample b. All of the other answers c. They think that they have no choice but to comply with the police d. They are arrested and placed in the back of a police carQuestion The right to equality under the Charter of Rights and Freedoms Select one: a. Requires governments to treat everyone the same b. Can be used to challenge any kind of inequality, no matter what it relates to c. None of the other answers d. Can only be used to challenge discrimination on the list of grounds included in s. 15 Question 27 The term “internal aids” means the definition section included in a statute Select one: True False Question 28 A violation of s. 8 of the Charter always results in the exclusion of evidence. Select one: True False 23. Question 29 Constitutional Supremacy means: Select one: a. That all laws must be consistent with the Constitution to be valid b. That the Constitution of Canada is difficult to change or modify c. The Constitution was the first law in Canadad. That only Courts can tell us the meaning of the Constitution 24. Question 30 The Modern rule of statutory interpretation states Select one: a. that all Acts are deemed remedial b. that all Acts should be given a fair, large, liberal interpretation c. that the purpose of the Modern Rule is to achieve the ends of the Act d. All of the other answers25. Question 31 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text Which of the following is a remedy that the courts can provide if an accused’s Charter rights are violated by the police, the prosecutor or correctional service personnel? Select one: a. Exclude evidence that was obtained unconstititionally b. Release the accused from prison c. All of the other answers d. Stay the legal proceedings against the accused 26. Question 32 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text The Law Societyof Upper Canada governs Select one: a. To protect the interests of lawyers across the province b. To advance law reform c. In the interests of society d. In the public interest 27. Question 33 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text Canada’s constitutional division of powers Select one: a. Was not the scheme that the provinces wanted at Confederation in 1867 b. Can involve gaps so there are areas over which no government has the power to legislate c. Allocates power between the federal and provincial governments d. Specifies what powers belong to municipal governments 28. Question 34 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text Provincial courtsSelect one: a. Have judges appointed by the federal government, but decide matters only pursuant to provincial statutes b. None of the other answers c. Have judges appointed by the provincial government, and have inherent jurisdiction d. Have judges appointed by the provincial government, and have no inherent jurisdiction 29. Question 35 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text What is the role of criminal law? Select one: a. All of the other answers b. To promote the public interest c. To prohibit certain acts d. To punish those who commit prohibited acts30. Question 36 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text The doctrine of federal paramountcy applies to make only federal law operative: Select one: a. None of the other answers b. In order to resolve a conflict between valid provincial and federal laws c. any time that double aspect would allow both levels of government to have valid legislation d. Only when the operation of both federal and provincial law would be inefficient and costly 31. Question 37 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text The term Ejusdem generis translates roughly as Select one: a. All of the items in a list of words in a statute must be part of a group b. All of the words in a statute should be interpreted by looking at their historical meanings c. One thing is not like the other things d. Birds of a feather flock together 32. Question 38 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text To become a eligible to practice law in Ontario, a person must Select one: a. None of the other answers b. have graduated from a recognized law school, and article with a lawyer in Ontario c. have graduated from a recognized law school, article or complete the LPP, and pass the Bar Admission Course d. have graduatedfrom a recognized law school, article, and complete the LPP 33. Question 39 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text The actus reus of a criminal offence can be Select one: a. An omission or a failure to act b. Either an overt act, or failure toact c. An overt act, such as the taking of another persons property d. Neither an overt act, nor an omission or failure to act 34. Question 40 Not yet answered Marked out of 1.00 Not flaggedFlag question Question text To apply to become an Ontario Superior Court judge Select one: a. the candidate must be a lawyer in good standing for fifteen years, and provide a letter of reference from another judge b. the candidate must be a lawyer in good standing for ten years, and must complete the application c. the candidate must be a lawyer in good standing for ten years, and be nominated by his or her colleagues d. None of the other answers.
