Name: 
 

Chapter 1: The Canadian Legal System  



Multiple Choice
Identify the choice that best completes the statement or answers the question.
 

 1. 

Law may be defined as
a.
an Old Norse word meaning “layer” or “stratum” and evoking a process where laws were created logically and strategically.
b.
a body of customary or enacted rules recognized as binding on members of a state or community.
c.
a set of rules obeyed and enforced within a politically organized society.
d.
b and c
e.
a, b and c
 

 2. 

The type of law that most appeals to our sense of idealism is
a.
positive law.
b.
natural law.
c.
legal realism.
d.
all of these.
e.
a and c
 

 3. 

A federally appointed judge should be addressed in person as
a.
Your Worship
b.
Your Honour
c.
Milord or Milady
 

 4. 

Which of the following statements is incorrect?  So long as it is acting within its jurisdiction, parliament
a.
may enact laws and regulations
b.
may repeal laws and regulations
c.
may, according to the principle of paramountcy, override a law of a legislature
d.
may not overrule or modify judge-made law
e.
All of these statements are correct
 

 5. 

A municipality acts within its jurisdiction when it
a.
levies property and business taxes.
b.
passes a bylaw regulating property use and zoning.
c.
issues a building permit
d.
a and c
e.
all of these
 

 6. 

If a conflict of laws developed between the old English Court of Chancery and the common law court,
a.
the common law decision prevailed.
b.
the Chancery’s equitable decision prevailed.
 

 7. 

The principle of stare decisis
a.
reduces the number of unnecessary appeals from courts of equal or lower stature to that of the court which wrote the precedent.
b.
makes law reasonably predictable.
c.
is binding regardless of what province the precedent was decided in.
d.
is binding unless the facts of the present case can be distinguished from those of the precedent.
e.
All of these statements are correct.
 

 8. 

The appropriate court to hear a case involving a trademark, patent or copyright is
a.
the Small Claims Court of the province or territory.
b.
the Superior Court of the province or territory.
c.
the Federal Court of Canada.
d.
a quasi judicial tribunal of the province or territory.
e.
a and b
 

 9. 

The plaintiff’s statement of claim in a civil proceeding must be
a.
faxed to the defendant.
b.
mailed to the defendant.
c.
published by notice in the newspaper if the defendant cannot be located.
d.
personally served on the defendant or on an adult at the defendant’s residence if the defendant cannot be located.
e.
a and b are both correct
 

 10. 

A defendant may react to a plaintiff’s statement of claim by filing
a.
a cross claim against a co-defendant.
b.
a counter claim against the plaintiff.
c.
a statement of defence.
d.
a third party claim against someone not yet a party to the action.
e.
All of these answers are correct.
 

 11. 

Which of the following information may be kept confidential at discoveries?
a.
names of expert witnesses the parties intend to call
b.
solicitor-client communications
c.
a list of documents to be used at trial
d.
the results of medical examinations for personal injury trials
e.
None of these answers is correct.
 

 12. 

If the trial judge is outraged by the conduct of one of the parties, he or she may order the losing litigant to pay every last cent of the winner’s expenses.  This category of costs is known as
a.
between a solicitor and his or her own client costs.
b.
party and party costs.
c.
solicitor and client costs.
 

 13. 

In Canada, sentences imposed by a judge may not include which of the following punishments?
a.
probation
b.
deportation
c.
incarceration for life
d.
capital punishment
e.
community service orders
 

 14. 

Even if he or she has committed a criminal offence in the past, a person with a criminal record may state on a job application that he or she has no criminal record if a pardon has been granted for which of the following types of offences?
a.
a summary conviction offence
b.
an indictable offence
c.
a and b
d.
a life sentence
 

True/False
Indicate whether the statement is true or false.
 

 15. 

One of the purposes of law is to protect an individual citizen against an arbitrary or oppressive action by the government.
 

 16. 

Regardless of whether a case concerns a criminal or civil matter, those who can afford it may always take their case to the Supreme Court of Canada.
 

 17. 

Comment on the accuracy of the following statement.  One of the most serious objections to requiring the plaintiff and defendant to attend a pre trial is that if the same judge presides at the actual trial, he or she may be biased by the experience of the pre trial.
 

 18. 

A jury may be involved in a criminal trial, but only a judge alone may take part in a superior court civil trial.
 

 19. 

Comment on the accuracy of the following statement.  A person who is asked by a drug smuggler to carry a package to a certain destination may escape conviction by being “wilfully blind” as to the contents of the package.
 

 20. 

An accused person cannot be compelled by the court to testify in his or her own defence.
 



 
Check Your Work     Start Over