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LAWS 1000B Mock Exam Review Sheet .pdf

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LAWS 1000
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PASS MOCK EXAM – FOR PRACTICE ONLY Course: LAWS 1000B Facilitator: Biatris Lasu Dates and locations of mock exam take-up: th Monday, December 9 6:00pm – 7:00pm Mackenzie Building (ME) 4494 th Tuesday, December 10 6:00 – 7:00pm Mackenzie Building (ME) 4494 IMPORTANT: It is most beneficial to you to write this mock midterm UNDER EXAM CONDITIONS. This means: • Complete the midterm in 2 hour(s). • 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 writing the Mock Midterm!! 1. What is sociological jurisprudence? a. The study of law and legal philosophy and the use of its ideas to regulate conduct b. The study of traditional rules of conduct under a civil law system c. The sociological study of law and its effects on difference societies d. The study of traditional rules of conduct under a common law system 2. According to Max Weber, customs are known by which of the following conditions? a. The traditional role of the elite in society b. Traditional rules od conduct in situation that are performed without thinking c. Claiming all items obtained internationally d. The paramount function of law 3. Rules of conduct, involving a sense of duty and obligation are known as a. Norms b. Compensatory rules c. Convention d. Customs 4.The textbook discusses four not mutually exclusives style of social control represent in aw what are they? a. Conventional, therapeutic, penal, compensatory b. Conciliatory, compensatory, penal, conventional c. Penal compensatory conciliatory, therapeutic d. Therapeutic, penal, adversary, procedural 5. Canada, with the exception of Quebec, follows a ______ legal system a. Common Law b. Islamic c. Romano- Germanic d. Socialist 6. What are the three major recurrent themes of the function of the law? a. Rehabilitation, governmental change, social control b. Social control, social change, dispute settlement c. Social order, detain offender, rehabilitation d. Dispute settlement, detain offender, reintegration 7. According to Donald Black, the conciliatory style of social control is best described by which of the following? a. The deviant’s conduct is abnormal and the person needs help b. The deviant is viewed as violator of a prohibition and an offender to be subjected to punishment c. A person is considered to have a contractual obligation and owns restitution d. Deviant behaviors represents one side of a conflict in need of resolution 8. A principle function of the law in modern society is/are a. A way of brining about planned social change b. Social engineering c. Use of sanctions to support the rules d. Designated officials to interpret and enforce the rule (and often to make them) 9. Substantive law is best described by which of the following? a. Rights, duties, and prohibition administrated by courts b. The duties and power of officials c. Governmental social control d. Private wrongs for which the injured may seek redress in court 10. ______ society rely on informal law, customary law, customs as source of legal rules. Dispute resolution through conciliation or mediation by village elders. Social relations are more direct and intimate. a. Modern society b. Heterogonous society c. Traditional society d. The cheyenna society 11. Which of the ofollowing are the principles of Canadian law? a. Certainty, Finality, imbalance, predictability, b. Predictability, Certainty, accountability, balance c. Balance, certainty, finality, predictability, d. Finality, calculability, balance, certainty 12. ______ is a law administered by the state. It is concern with the definition of crime and the prosecution and penal treatment of offenders. It finds criminals culpable for their actions. a. Constitutional law b. Criminal law c. Statutory law d. Administrative law 13. In a common-law system, law is based on precedent set by judges a. True b. False 14. In criminal law, crimes are regarded as offences against individual a. True b. False 15. The rationalistic model of lawmaking proposes which of the following? a. Law are created as a means of protecting society form social harm b. Passing a law may indicate the supremacy of the groups that support it c. Lawmaking is the restatement of some customs d. Diversity and unequal access to economic goods are the basic determinant of law 16. The text discusses an example of the historical discouragement of interracial marriage in Canada. This example is best aligned with which of the following? a. Functionalist model b. Rationalistic model c. Conflict perspective d. Moral entrepreneur theory 17. Which theory or model of lawmaking claim that laws are created as a means of protecting society from social harm? a. Moral entrepreneur b. Functionalist c. Conflict d. Rationalistic 18. In Re: Rizzo & Rizzo Shoes the judge used which of the following rules of statutory interpretation? a. Parliamentary lobbyists b. Social unrest c. Corporate lobbying d. Structural economic shifts 19. In Mossoph v Canada the judge used the following legal concepts i.e. Dissenting opinion, concurring opinion, and majority reason. a. True b. False 20. Stare decisis refers to a. Rational act b. Precedent c. Innocent until proven guilty d. Guilty mind 21. Canada, with exception of Quebec follows ______ law and bases decision on ______. a. Civil, case law b. Common, confided legal system c. Common, case law d. Civil, codified legal system 22. A fundamental precondition for setting the mechanism of lawmaking in action is known as a. Revolution b. Impetus c. Legislature d. Social conflict 23. Jude is a waitress who never smoked in her life. However, a month ago she developed lung cancer. When she went to here her doctor and he informed her that she probably developed the cancer because of second-hand making in the bar that she worked in. This example best fits perfectly with which of the following. a. Mass media b. Voice from the wilderness c. Social movement d. Protest activity 24. ______ influence occurs when legislators act in accordance with constituent preference because they either share such preference or believe such preference should prevail over their own judgment. a. Referent b. Indirect c. Group d. Direct 25. The rational model of lawmaking is the most widely accepted, and simplistic theory a. True b. False 26. The foremost legal task of legislative bodies is to decided disputes under a pre-existing law a. False b. True 27. Private interests are much better represented than public interest in the legal system a. True b. False 28. Case law is best defined as a body of opinion developed by judges over time in the course of deciding particular cases a. False b. True 29. The primary function of the judiciary is lawmaking a. True b. False 30. Canadians and Americans court have much freedom to make significant changes and innovation in the law a. False b. True 31. For her research for legal class Judith decided to use legal encyclopedias, textbook, and academic journal article. This is a perfect example of which source of law a. Primary b. Case study analysis c. Precedent Federal d. Secondary source of law 32. The demand for new laws or change to existing law may coming from: a. Social movement, b. Public-interest groups c. Media, d. A voice in the wilderness e. Academic scholarship f. All of the above 33. _____ means that the legislative bodies are supreme over governmental institution and judiciary. a. Royal supremacy b. Parliamentary supremacy c. Parliamentary precedent d. None of the above 34. A statutes passed by parliament sets out the law in particular area by getting the public to a. Requiring the public to do something b. Requiring the public not to do something c. Requiring the the public to do something d. Permitting the public to do something e. All of the above 35. In the Canadian legal system when a judge gives a reason for settling a dispute they must explain the source of the rule that was applied to settle the dispute, which typically is one of the following a. Unwritten constitution, legislative statutes and regulation, precedent, secondary source of law b. Case law, civil code, constitutional decision, parliament statutes c. Written constitution, legislative statutes regulation and precedent d. All of the above 36. This rule for interpreting statutes addresses ambiguous legislation. It addresses the problem the statute was created to solve, or what problem the statute was designed to suppress or what remedy is being advanced by it. a. Literal meaning b. Golden rule c. Impetus d. Mischief e. Non of the above 37. ____ means reason for deciding, and _____ means statement said in passing a. Stare decisis, mens rea b. Mala en se and mala prohabita c. Ratio Decidendi and carpe diem
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