11) Barry and Larry are neighbors who are accustomed to borrowing...

11) Barry and Larry are neighbors who are accustomed to borrowing tools and equipment from each other. On one occasion Barry borrowed Larry's lawnmower and forgot to return it. Two months later, Larry asked Barry to return the lawnmower and Barry told him that he was keeping it as payment for a lawnmower which he had lent Larry the previous year and which Larry's children had destroyed. Which of the following statements best describes the legal position?

    

A) Barry has committed the tort of conversion.

B) The law will not help Larry to recover the lawnmower as he is responsible for making equivalent payment to Barry for the lawnmower which his children destroyed.

C) Barry has committed the tort of trespass

D) Barry has not committed any torts as he has a legal right to keep the property to make up for his loss.

E) Barry has committed the tort of negligence.

 

12) What is the name given to laws passed by a government?     

 

A) common law

B) stare decisis

C) equity

D) statute

E) canon law

 

13) Dr. Rimbaud is a neurosurgeon (brain surgeon) in Ottawa. His patient dies after an operation. The patient`s estate sues him for negligence. The issue will be decided based on:     

 

A) A comparison with the reasonable person.

B) Whether Dr. Rimbaud acted in good faith and integrity.

C) A comparison with the reasonable doctor.

D) The judgement of the College of Physicians and Surgeons.

E) A comparison with other specialists of like skills and training.

 

14) Why are Courts of Appeal normally unwilling to change findings of fact made by a trial judge or a jury?     

 

A) Because of the operation of the principle of stare decisis

B) Because transcripts submitted are normally deficient.

C) Because not having seen the witnesses they cannot apply the relevant law

D) Because not having seen the witnesses they are not well placed to assess the credibility of the    

    testimony given

E) Because the Constitution limits their ability to investigate facts

 

15) In which of the following scenarios would the doctrine of binding precedent apply:     

 

A) The Court of Appeal of Prince Edward Island is hearing a case with similar facts and points of laws to a case already decided by the Supreme Court of Canada.

B) A judge of the Superior Court of Justice of Ontario is hearing a case with similar facts and points of law to a case already decided by the Court of Appeal of Ontario

C) The Court of Appeal of Manitoba is hearing a case with similar facts and points of law to a case already decided by a judge of the Supreme Court of Canada

D) The Court of Appeal of British Columbia is hearing a case with similar facts and points of law to a case already decided by a Judge in the Superior Court of British Columbia.

E) It would apply in all of the above cases.

 

16) Jimmy Lue, the owner of a grocery store, suspects that Toper Mayfield, a customer has shoplifted a can of cola. Jimmy approached Topher and demanded to look into his backpack. Topher refused and as a result Jimmy grabbed Topher, spun him around and grabbed his backpack off his back and examined it. Jimmy discovered that his suspicions were in fact correct as a can of cola that Topher had not paid for was in the backpack. Which of the following statements best describes the legal position?     

 

A) Jimmy has committed the tort of false imprisonment

B) Jimmy has committed the tort of malicious prosecution

C) Topher has committed the tort of conversion.

D) Jimmy has not committed any torts.

E) A and C

 

17)  There is a lawsuit in court challenging a law. The basis for the challenge is that the legislature which enacted the law has acted ultra vires. Which of the following scenarios would most likely have given rise to this claim?     

 

A) There is an allegation that the law has a discriminatory purpose

B) There is an allegation that the law has not been confirmed by the Supreme Court

C) There in an allegation that that the law was enacted in breach of the division of powers contained in sections 91 and 92 of the Constitution Act 1867.

D) There is an allegation that the law violates a provision of the Charter

E) There is an allegation that the law was enacted pursuant to section 33 of the Charter

 

TRUE/FALSE.

 

18) Because the Charter is a part of the constitution and the Constitution is supreme law, statutes which violate a fundamental right specified in the Charter will always be declared unconstitutional by the Courts.     

 

19) Which of the following statements is true of appeals in the Canadian court system?     

 

A) The parties are only allowed to challenge findings of fact made by a trial court

B) An appeal against the decision of a Trial Court of a province can be filed in the Court of Appeal of any other province

C) Appeals are based on matters of law or fact

D) Appeal court judges do not normally have the power to reverse the decision of a lower court

E) All of the above

 

20) Which of the following pairs of documents are normally the pleadings used in a lawsuit filed in the Superior Court?

 

A) Motion and affidavit

B) Statement of defence and motion

C) Statement of claim and judgment

D) Statement of claim and statement of defence

E) Statement of defence and affidavit