LAWS 1001 C. Come to the PASS workshop with your mock exam complete. During the workshop you can work with other students to review your work.

Transcription

1 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 workshop with your mock exam complete. During the workshop you can work with other students to review your work. Often, there is not enough time to review the entire exam in the PASS workshop. Decide which questions you most want to review the Facilitator may ask students to vote on which questions they want to discuss in detail. 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 workshop, you can work alone or with others in the class. Good Luck writing the Mock Exam!! Dates and locations of mock exam take-up: Thursday Dec 6 th 6pm-8pm in PA 133 or Saturday Dec 8 th 12pm-2pm PA 201 Office Hour: Monday Dec 10 th 1-2pm CSAS Fourth Floor of the library

2 1. In International Law, Conventions and Protocols would be an example of what type of law? a) Customary International Law b) International Treaty Law c) International Monetary Law d) Customary Duality Law 2. Which legal tradition puts priority and focus on codes and legislation? a) Common Law b) Civil Law c) Indigenous Law d) Religious Law 3. In International Law, Canada is Monist and Adoptionalist when it comes to which type of law? a) Private Law b) Public Law c) International Customary Law d) International Treaty Law 4. In International Law, which term refers to the idea that nationality is acquired through one s parents? a) Jus Soli b) Jus Sanguinis c) Orbita Dicta d) Stare Decisis 5. What is the Division of Powers? a) The division between provincial and federal borders b) The division between Canadian and United States powers c) The division between international and domestic law d) The division between provincial and federal powers 6. What is an example of a S.91 Federal Power? a) Health care b) Education c) Criminal law d) Municipal governments

3 9. Which of the following is not a property of law we discussed in class? a) Law is normative b) Law is informed by specific substantive principles c) Law is ineffective and inefficient d) Law is authoritative 10. The Reference Re Secession of Quebec (SCC, 1998) focused on which issue? a) The changing of alcohol laws in Quebec b) The changing of voting laws in Quebec c) Whether Quebec could leave Canada d) Both A and B 11. The case of Ronacarrelli v. Duplessis focused on which issue of public duty? a) Representation b) Community Impact c) Discretion d) Professionalism 12. Which answer accurately lists Canadian Court s Hierarchy, in order from lowest to highest? a) Provincial and federal courts, appellate courts, specialized federal courts, Supreme Court of Canada b) Supreme Court of Canada, federal courts, specialized federal courts, appellate courts, provincial and territorial courts, provincial and territorial superior courts c) Provincial and territorial courts, provincial and territorial superior courts, appellate courts, specialized federal courts, federal courts, Supreme Court of Canada d) Provincial and territorial courts, provincial and territorial superior courts, appellate courts, federal courts, specialized federal courts, Supreme Court of Canada 13. Which answer best describes administrative bodies, in the organization of law? a) This body makes law that is then interpreted and applied by courts b) This body is made up specialized board, tribunal and agency that have decision making authority delegated to them c) Both A and B d) Neither A nor B

4 14. Which key legal theory focusses on seeing law and a system and argues for the separation of law and morality? a) Legal Positivism b) Legal Realism c) Critical Legal Studies d) Feminist Legal Studies 15. Which key legal theory understands law as not capable of being independent of the state? a) Legal Realism b) Critical Legal Studies c) Marxism d) Legal Positivism 16. Which legal theorists would critique the idea of determinacy in the legal system? a) Legal Positivists b) Legal Realists c) Marxists d) Both A and C 17. Which legal approach would argue that class power needs the authority of the state, in order to secure the legitimacy needed to rule? a) Feminist Legal Studies b) Critical Race Theory c) Marxist Approaches d) Weberian Approaches 18. Which of the following is a Weberian Approaches idea? a) Brute, coercive force is not enough to have legitimate authority b) The law is made up of relations between self-standing, autonomous, legal actors c) Law must be understood on its own terms d) Law should be classified into different types, such as formal and informal, modern and tradition, and rational and irrational 19. Which answer best represents explains what Precedent ensures? a) Ensures legal decisions bind past courts b) Ensures consistency and predictability c) Both A and B

5 20. Which case gave women the legal status as Persons in Canada? a) Charkaoui v Canada b) Edwards et al v. Canada c) Somerset v. Stewart 21. The criminal law and justice model of Retribution is best represented by which statement? a) Criminal sanctions are used to deter a convicted criminal from repeating their offences, or to deter the society from committing crime b) Jail or imprisonment is used to incapacitate the criminal from committing more crime c) Punishment is used as society wide retaliation on behalf of the victim and the community 22. Which is an example of Mens Rea? a) Someone is making you angry, so you choose to steal their laptop to make their studying for exams harder b) You accidently hit someone with your backpack on the bus c) Stealing someone s laptop d) Hitting someone with your backpack on the bus 23. A hybrid offence is best explained by which answer? a) An offence that will lead a person being arrested, and appearing in court, examples are murder and acts of terrorism b) An offence that does not require the right to a jury trial or indictment, examples are solicitation of prostitution c) An offence that the prosecution gets to decide if it is summary or indictable, examples would be assault with a weapon and theft under 5000$ 24. In criminal law, which standard must state prosecutors meet to make their case against the accused? a) 51% b) Beyond reasonable culpability c) 60% d) Beyond a reasonable doubt

6 25. Which legal tradition focusses on looking at previous case law to decide future cases? a) Civil Law b) Common Law c) Socialist Law d) Religious Law 26. Weber believed which statement to be true? a) Modern law is the product of the capitalist mode of production b) Capitalism is a product of the Protestant work ethic and modern law c) The ruling class should have control over lobbying legislators 27. Which one of these major legal systems and traditions did we learn about in class? a) Common law b) Indigenous Law c) Civil Law d) All of the above 28. Which right was given by the Charter of Rights and Freedoms? a) Right to healthcare b) Freedom of association c) Right to housing d) Both A and C 29. The case Baker v. Canada (SCC, 1999) was discussed in the lecture on citizenship. Which United Nations treaty did this case use for reference? a) Convention to End all forms of Discrimination Against Women b) Convention on the Rights of the Child c) Declaration of Rights of Indigenous People d) Declaration of Human Rights 30. The case of Charkaoui v. Canada (SCC, 2007) discussed what issue? a) The right for permanent residents to vote b) Permanent residents housing c) Security Certificates d) Airport security rights

7 31. True or False: L Heureux Dube stated that the world equality was concisely constructed. a) True b) False 32. An indictable offence is best explained by which answer? a) An offence that will lead a person being arrested, and appearing in court, examples are murder and acts of terrorism b) An offence that does not require the right to a jury trial or indictment, examples are solicitation of prostitution c) An offence that the prosecution gets to decide if it is summary or indictable, examples would be assault with a weapon and theft under 5000$ 33. Which element of a crime refers to the physical act that accompanies a crime? a) Mens Rea b) Mens Reaus c) Actus Reaus d) Actus Rea 34. In civil law, which standard must be met to make a case against the defendant? a) 51% b) Beyond reasonable culpability c) 60% d) Beyond a reasonable doubt 35. What are some basic distinctions in law that we learned about? a) The distinction between private law and public law b) The distinction between substantive and procedural law c) The distinction between civil law and common law d) All of the above 36. What is the role of Legislatures in the organization of law? a) This body makes law that is then interpreted and applied by courts b) This body is made up specialized board, tribunal and agency that have decision making authority delegated to them c) Both A and B d) Neither A nor B

8 37. In Statutory Interpretation, plain meaning refers to which answer? a) A fair, large and liberal interpretation b) Reading between the lines of legislation c) Assuming the context as ever-changing and evolving d) Reading the legislation as is, not thinking too much about it 38. Which case was used when discussing Statutory Interpretation? a) Rizzo b) Edwards c) Ronacareli v. Duplesis d) Reference Re: Quebec Secession 39. Which legal theory looks at intersectionality? a) Legal Positivism b) Legal Realism c) Marxist Approaches d) Critical Race Theory 40. Which theorist believed that modern law is an outgrowth of capitalism? a) Marx b) Weber c) Crenshaw d) Spade Great work! Good luck on the exam! Resources: Wellness: Health and Counselling: Centre for Student Academic Support: Current Students: