Multiple choice questions: Why are Courts of Appeal normally...

Multiple choice questions:

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 

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.

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

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

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

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 

Betty Groper and Susan Mikel had a big quarrel. In order to get revenge on Susan, Betty posted the following statement to her Facebook page: "Susan Mikel is a thief. She will steal anything that is not chained down.". Based on the facts presented, which of the following statements most accurately describes the legal position?

 

A) Betty has committed slander against Susan.

B) If Susan sues Betty for defamation, Betty can rely on the defense of fair comment.

C) Betty has not committed any torts against Susan because it is not likely that anyone will take her words seriously.

D) Susan can sue for defamation if the statements made about her are not true

E) If Susan sues Betty for defamation, Betty can rely on the defense of justification.

Pablo persuaded his grandmother, Gerty, to sell him her car for $1,000. They both knew the car was worth much more than that. However, Gerty did not need the car anymore and loved her grandson, so she agreed to sell him the car. The next day Gerty found out that Pablo was planning to sell the car to a friend for $8,000. If Gerty wishes to get out of the contract with Pablo, which of the following issues would likely become most relevant?

 

A)      Misrepresentation

B)      Duress

C)      Lack of consideration

D)      Illegality

E)      Undue influence

To establish whether or not there is a duty owed to be careful to another, the courts apply:     

 

A) The duty-breach-damages test.

B) The concerned parent test.

C) The reasonable person test.

D) The reasonable foreseeability test.

E) The standard of conduct test.

A doctor is concerned that if a patient doesn't have an operation, the patient may become very ill. There is a very slight chance of blindness resulting from the operation. The chance is so slight that the doctor does not tell the patient for fear the patient may not have the operation. The patient consents to the operation. The operation is not a success, and the patient goes blind. Which of the following is true?     

 

A) The doctor has committed the tort of assault.

B) The doctor has committed a criminal assault.

C) The doctor has not committed a tort because the patient consented to the operation.

D) The doctor has committed the tort of battery.

E) The doctor has not committed a tort because he honestly acted in the patient's best interest.