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PASS Mock Exam FULL LAW FALL EXAM - Final.docx

17 Pages

Course Code
LAWS 1000
Steve Tasson

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PASS MOCK EXAM – FOR PRACTICE ONLY Course:_Laws 1000B ____ Facilitator: _Devin Harm________ Dates and locations of mock exam take-up: Tuesday Dec. 4, 2012 from 4:00 – 6:00 in Mackenzie 4332 (Lakin) Wednesday Dec. 5, 2012 from 11:00 – 1:00 in Patterson Hall 133 (Lakin) Thursday, Dec. 6, 2012 from 12:00 - 2:00 in Patterson Hall 133 (Devin) Friday, Dec. 7, 2012 from 12:00 - 2:00 in Patterson Hall 133 (Devin) IMPORTANT: It is most beneficial to you to write this mock midterm UNDER EXAM CONDITIONS. This means: • Complete the midterm in 2 hours. • Work on your own. • Keep your notes and textbook closed. • Attempt every question. After the time limit, go back over your work with a different colour or on a separate piece of paper and try to do the questions you are unsure of. Record your ideas in the margins to remind yourself of what you were thinking when you take it up at PASS. The purpose of this mock exam is to give you practice answering questions in a timed setting and to help you to gauge which aspects of the course content you know well and which are in need of further development and review. Use this mock exam as a learning tool in preparing for the actual exam. Please note:  Come to the PASS session with your mock exam complete. There, you can work with other students to review your work.  Often, there is not enough time to review the entire exam in the PASS session. Decide which questions you most want to review – the facilitator may ask students to vote on which questions they want to discuss.  Facilitators do not bring copies of the mock exam to the session. Please print out and complete the exam before you attend.  Facilitators do not produce or distribute an answer key for mock exams. Facilitators help students to work together to compare and assess the answers they have. If you are not able to attend the PASS session, you can work alone or with others in the class. GOOD LUCK! 1. Which of the following is a NOT one of the three aspects of the Rule of law described by A.V. Dicey a. Law must be applied equally (trans-personalized) b. No one is above the law c. Laws are duly generated by constitutional authority d. Protection of minorities. 2. Which of the following is NOT an argument posed by Mcthenia and Shaffer in their article For Reconciliation? a. Conflicts take place in community and are not limited to the individual parties b. Law does not equal justice c. Court processes formally balance inequalities d. “Resolution” must give way to “reconciliation” 3. The province of Ontario attempts to pass criminal law legislation. This is an example of what? a. Parliamentary supremacy b. Intra Vires jurisdiction c. Ultra Vires jurisdiction d. Inter-Jurisdictional Immunity 4. Which of the following is NOT one of Nils Christie‟s critiques of modern legal systems? a. Lawyers steal conflict. b. Criticizes the assumption that formal legal dispute resolution through the courts is better than informal types of resolution. c. The victim gets left out of dispute resolution in the criminal system. d. Conflict is disruptive to society, and should therefore be minimized. 5. The new test of harm established in R. v. Labaye dictates that you must prove which of the following? a. The conduct at issue causes harm or presents a significant risk of harm to individuals or society in a way that undermines or threatens to undermine a value reflected in and formally-endorsed through the Canadian Charter of Rights and Freedoms b. The conduct at issue must be conform to what we would allow other Canadians to be exposed to c. That the harm or risk is of a degree that is incompatible with the proper functioning of society d. All of the above e. Both (a) and (c) 6. Which of the following is considered a disadvantage of the Marxist approach? a. Immoral law may still be valid law b. Inequality is limited to only economic inequality c. No coherent vision of what the law ought to be d. No firm agreement as to how law should be understood or how law should be addressed 7. Which of the follow best describes Critical Legal Studies? a. Law maintains patriarchy b. Reveals the fundamental illusions on which the legal system is built and maintained c. Law maintains a system of racial and gender inequalities d. Law can be determined through human reason 8. Which of the following is NOT a component of the proportionality test developed in R. v. Oakes? a. Law must be carefully crafted to achieve objective and not be arbitrary b. Law must have a proportionality between effects of the measure and objective c. Law must impair the right as little as possible d. Law must be interpreted using the doctrine of parliamentary supremacy. 9. Durkheim discussed two types of solidarity, ______________ and _______________. a. Repressive, optimistic b. Mechanical, organic c. Restitutive, pessimistic d. Mechanical, repressive 10.Which of the following statements is TRUE: a. Legal Realism states that judges don‟t just “find the law”, they “formulate it” b. Legal Realism provides a clear vision of what the law ought to be. c. Legal Realism believes that judges are completely neutral d. Legal Realism assumes judges have no personal notions of justice, and rely strictly on precedent or rules. 11.Which two tests were developed to deal with the issue of obscene material versus freedom of expression in R. v. Butler? a. Freedom of expression scale and obscenity measure b. Community standards test and the degradation/dehumanization test c. Constitutional freedom test and the tolerance scale d. Morality rating and freedom of will test 12.When interpreting statutes, three common law rules used by judges are: a. Plain Meaning (Literal), silver and mischief b. Plain Meaning (Literal), golden and mischief c. Conflict, golden and consensus d. Utilitarian, definitive and conflict 13.The Doctrine of Stare Decisis refers to: a. Deciding like cases alike b. innocent until proven guilty c. right to a fair trial d. freedom of speech 14.Which of the following is NOT common to both Alternative Dispute Resolution (ADR) and Restorative Justice? a. Focuses on reconciliation rather than liability b. Diverts cases from the formal justice system c. Normally found in criminal law d. Involves all parties, including the victim 15.______________________ is/are generally associated with the common law tradition, whereas ________________________ is/are generally associated with a civil law tradition. a. Adversarial system; Inquisitorial system b. Inquisitorial system; adversarial system c. Active judges; passive judges d. None of the above 16.Lakin Inc. is suing Devin Corp. for not providing a product that she had purchased. According to Galanter‟s types of litigants, this situation is likely to involve: a. Repeat User v. One Shotter b. One Shotter v. One Shotter c. Repeat User v. Repeat User d. One Shotter v. Repeat User 17.An important point to remember regarding Section 1 of the Canadian Charter of Rights and Freedoms is: a. It is a sunset clause b. Rights are absolute and inarguable c. Charter Rights were deliberately described in broad language d. Charter Rights are not absolute 18.Which of the following is an assumption of the feminist approach? a. Justice system reflects „shared values‟ in society, everyone is equal before the law. b. Justice system supports power imbalances between men and women c. “No one really believes in law anymore” d. The justice system is part of a whole series of structures that maintain systemic inequalities (social, economic, political) 19. Which of the following is NOT one of the principles of the constitution? a. Democracy b. Protection of minorities c. Rule of law/Constitutionalism d. Hierarchical e. Federalism 20.The British North America Act established three branches of government. What were they? a. Legislative, Executive and Judiciary b. Federal, Provincial and Municipal c. Parliamentary, Senatorial and Administrative d. Federal, Provincial and Judiciary 21.Which level of court currently has the ability to bind all other levels? a. Privy Council b. Supreme Court of Canada c. Ontario Superior Court d. Ontario Court of Appeal 22.Which of the following is the liberal critique of ADR (Alternative Dispute Resolution)? a. ADR is “second class justice” because it is not committed to Rule of Law, due process, or the adversarial trial process b. Dulls resistance and mobilizes communities to just maintain the status quo c. ADR suppresses and depoliticizes gender inequalities in the family d. ADR is a Trojan horse 23.What does POGG stand for? a. Peace, order and Good Government b. Property, Ordinance and Good Government c. Peace, Order and God Governed d. Peace, Organization and God Governed 24.Edwards v. Canada (Attorney General) [1930], also known as the Persons Case, went all the way to the Judicial Committee of the Imperial Privy Council. This case established that Canadian women had the same rights as Canadian men with respect to positions of political power. It also established one other important doctrine of constitutional interpretation known as the: a. Growing Organism Doctrine b. Doctrine of Progressive Interpretation c. Multiple Interpretations Doctrine d. Absolute Precedent Doctrine 25.Which of the following cases dealt with the interpretation of legislation concerning what the meaning of a gun was? a. “The Persons Case” b. Rizzo & Rizzo Shoes (SCC 2001) c. R. v. Hasselwander (SCC 1993) d. R. v. Scott (BCCA 2001) 26.Mill would have supported which of Pierre Trudeau‟s famous statements? a. “there must remain a realm of private morality and immorality which is, in brief and crude terms, not the laws business” b. “It is not feasible to require any society to permit its own destruction by that which, whether rightly or wrongly, it honestly believes to be in error in case it may be mistaken” c. “ This runs against the principles of equality and dignity of all human beings” d. “The law has no business in the bedrooms of the nation” 27.Devlin argued that we may not need common __________ but common ___________. a. Morality; religion b. Religion; morality c. Politics; laws d. Laws; politics 28.Who has to agree in order to amend the constitution, as a part of the amendment formula which was laid out in the Constitution Act 1982? a. The House, Senate and 7 provinces making up 75% of the population b. The House, Senate and 7 provinces making up 50% of the population c. The House, Senate and 5 provinces making up 75% of the population d. The House, Senate and5 provinces making up 50% of the population 29.Which sections of the Constitution Act 1867 outlines the division of powers? a. Section 89 and 90 b. Section 91 and 92 c. Section 41 and 42 d. Section 71 and 72 30.The right and responsibility that parties have to bring forward disputes and evidence to settle a dispute is referred to as: a. Adjudication b. Adversary System c. Party Autonomy d. Party Prosecution 31.What condition did Mill argue was necessary for the state to infringe on individual freedom? a. The state may only infringe on people‟s freedoms to prevent harm to others b. The state may only infringe on people‟s freedoms to protect its own interests c. The state may only infringe on people‟s freedoms to set boundaries and limits d. The state may only infringe on people‟s freedoms to protect the shared values of society 32.The Canadian Charter of Rights and Freedoms was introduced by: a. The Statute of Westminster b. The Constitution Act 1982 c. The British North America Act d. The Charter Act 33. Which of the following is described by Daly as a limit of Restorative Justice? a. A sincere apology is difficult to achieve b. Restorative Justice is not a cure all c. Fairness is easier to achieve than restorative-ness d. Both a and c e. All of the above 34. The statement “law is an unbiased reflection of social harmony” would best reflect which perspective? a. Conflict b. Feminist c. Consensus d. Realist 35. ___________ theorists would argue that the content of the law is more important than the process with which the law is implemented, whereas _____________ theorists would argue that the form is more important than the content. a. Natural Law; Positive Law b. Positive Law; Natural Law c. Conflict; Consensus d. Consensus; Conflict 36. What was the legal significance of R. v. Dudley and Stephens? a. Established women as persons according to legislation b. Authoritative case for common law defense of necessity c. Established the reasonable limits proportionality test d. Authoritative case for the concept of the Rule of Law 37.AV Dicey suggests that laws are historically and socially contingent and that we must understand them as the result of a valid process. Which of the following theories does this fall under? a. Legal Realism b. Natural Law c. Marxist Approaches d. Legal Positivism 38. Which of the following is considered an influence on lawmaking? a. Legislators b. Lobbyists c. Politics d. All of the above 39. What are the two limitations of precedent described by Patrick Atiyah in his article The Doctrine of Precedent? a. Multiple judges and multiple reasons b. The strict view and the loose view c. Ratio Decidendi and Obiter Dicta d. The shadow of the law and the Doctrine of Stare Decisis 40. What argument does Moore propose regarding the Drug Treatment Court (DTC)? a. DTC‟s are too easy on offenders b. DTC‟s are not as effective as the traditional court c. DTC‟s are the worst of both worlds d. DTC‟s are more adversarial and thus can create a more hostile environment for the defendant 41.Which of the following statements is FALSE: a. According to Galanter, Repeat Players often have an advantage because they have accumulated experience with the legal system b. According to Galanter, Repeat Players often have an advantage because they can manipulate the passivity and delay inherent in the legal system c. According to Galanter, Repeat Players often have an advantage because they never seek to change a rule, only to obtain a result d. According to Galanter, Repeat Players often have an advantage because they often build informal relationships with institutional players 42. Section 33 of the Canadian Charter of Rights and Freedoms describes the ______________, which allows parliament to______________. a. Reasonable Limits; allow the law to operate notwithstanding the Charter b. Notwithstanding Clause; allow the law to operate notwithstanding the Charter c. Reasonable Limits; state that Charter rights are not absolute and are subject to reasonable limits d. Notwithstanding Clause; state that Charter rights are not absolute and are subject to reasonable limits 43.Which of the following is a model of Legal Aid in Canada? a. Legal reconstruction b. Legal structure reform for access c. Judicare d. The Canadian Coalition for Legal Access 44.Based on the spectrum of Dispute Resolution Mechanisms, which is the most informal and least costly dispute resolution mechanism? a. Adjudication b. Mediation c. Arbitration d. Negotiation 45.Which of the following is NOT considered a benefit of the Legal Services Model? a. There is a focus on problem prevention b. Clients have the freedom to choice their lawyer c. Offers a wide range of services d. all of the above are benefits 46.What did Chief Justice McLachlin argue in her speech regarding access to justice? a. Even middle-class Canadians are increasingly getting „frozen out‟ of judicial system due to cost and complexity b. Justice is accessible to all who are willing to seek it. c. Legal Aid is a valid solution for everyone to access justice d. Middle class Canadians are increasingly having more access to the judicial
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