1. The Federal Government has just passed a law which makes it an...

1. The Federal Government has just passed a law which makes it an offence for anyone to publicly declare that there is no God. The stated purpose of the law is to ensure that Canada remains a Christian oriented society. Which of the following statements best describes the correct legal position?     

 

A) The law cannot be justified under Section 1 of the Charter because the objective of the law is unreasonable and is not for the greater good of the country.

B) The law does not violate any provision of the Charter

C) The law cannot be justified under Section 1 of the Charter unless any criminal penalties are reasonable.

D) The law violates Section 2 of the Charter but can be justified under Section 1.

E) The law violates the division of powers reflected in sections 91 and 92 of the Constitution Act 1867.

 

2) A lawyer signs a contract to complete legal work for a company in exchange for $30,000 in legal fees. The company pays a retainer of $5,000 to the lawyer. The next day the company shuts down. Based on these facts, what is the legal position of the contract the lawyer signed?       

 

A) The lawyer has a valid contract and should be paid.

B) The lawyer has an invalid contract and is not entitled to further compensation.

C) The lawyer has a frustrated contract.

D) The lawyer has not completed the services they were hired for and should return the retainer.

E) The lawyer has breached the contract

 

3. In which of the following circumstances would it not be appropriate to use mediation?

 

A) Both sides are prepared to make serious efforts to resolve the issues in dispute between them

B) Both sides wish to keep sensitive information relevant to the dispute confidential

C) Both sides wish for the resolution of the dispute to become a precedent for the settlement of future disputes

D) Both sides are concerned about the costs associated with litigation

E) Both sides wish to maintain control over the process

4. Arnie Stoltz, a 16-year-old living in British Columbia, had had enough of high school. He approached Suzanne Vegan, a 55 year old master glass blower, to teach him the art of glass blowing. Suzanne charges $5,000 a year for the two year training program and agreed to allow Arnie to pay her the full amount one year after he completed the program. When Suzanne called on Arnie at his studio to collect the money according to the contract, Arnie said he wouldn't pay a cent because her contract had been with a minor. Which of the following statements best and most completely describes Suzanne's legal position in this matter?

 

A)       Arnie must pay because a minor must carry out his/ her obligations under a contract for necessities.

B)       Suzanne must only prove that the apprenticeship contract was to Arnie's benefit.

C)       Arnie does not have to pay unless the agreement was in writing

D)       If Suzanne proves the apprenticeship contract was beneficial to Arnie he will have to pay a reasonable price for it.

 E)      An apprenticeship contract is considered a necessity and can be enforced against Arnie.

5. The Ontario Legislature has recently passed a new sexual offences law. Which of the

following statements best describes the legal position?

 

A)       The law was validly passed pursuant to section 91 of the Constitution Act 1982

B)       The law is unconstitutional as it is not within the Provinces constitutional rights 

C)       The law was validly passed pursuant to section 92 of the Constitution Act 1982

D)       The law was validly passed pursuant to section 91 of the Constitution Act 1867.

E)       The law was validly passed pursuant to section 92 of the Constitution Act 1867 

6. Peter has filed a claim against Joan in the Small Claims Court in order to recover money that she owes to him. In which of the following circumstances would Joan be advised to a file a defense to the claim:

 

A) Joan requires time to pay the debt

B) Joan wishes to have a structured settlement arrangement with Peter 

C) Peter is claiming interest

D) Joan denies owing the debt or denies owing the entire sum claimed

E) Joan admits to owing the debt

7. Which of the following statements best describes the conduct of the owner of a large department store who fires an employee who refuses to work on a Sunday for religious reasons?

 

A) Discrimination under the common law

B) Discrimination under the Charter of Rights and Freedoms

C) Discrimination under the Constitution Act 1867  

D) Discrimination under Human Rights Law

E) Discrimination under civil law  

8. Which of the following statements is true?

 

A) The public is entitled to know the result of cases that are going through mediation.

B) The principle of binding precedent applies to arbitration hearings.

C) Mediation gives the parties more control than arbitration 

D) Mediators have the power to enforce decisions.

E) Mediation and negotiation are recommended when the parties are determined to stick to their positions.

 

9) Rory offers to sell Poonam a bicycle for $50. Poonam asks for time to think about it for three days. Rory agrees to this but the next day he called Poonam to tell him that he was

Increasing the price to $100. From a contract law perspective, Rory has 

 

A) rejected the offer 

B) allowed the offer to lapse

C) made a counter offer

D) revoked his original offer

E) lost his capacity to enter into a contract