Chapter 1:
MULTIPLE CHOICE
1. Statute law offers the following advantage(s) over case law:
a. it allows easier public access to the state of the law
b. it can provide policy directions for specific groups to follow
c. it addresses all possible fact situations
d. a and b
e. a, b, and c
TRUE OR FALSE?
____ 2. All criminal law is statute law because it is contained in the Criminal Code .
____ 3. Religious laws no longer apply in the common law world .
____ 6. When it comes to non-criminal statute law, the substantive provisions and the procedures for applying those provisions are often contained in separate statutes .
____ 7. A statute can be repealed by Parliament only if it is first declared unconstitutional by the Supreme Court of Canada .
____ 9. A particular behaviour is illegal only if it is specifically referenced by a statute; for example, you can be charged with distracted driving for texting on a cellphone, but not for tying a fishhook onto fishing line .
____ 10. Because religious law is not recognized by Canadian courts, religious leaders cannot enforce customary religious laws within a religious community; for example, a religion can no longer enforce a rule that its leaders cannot marry or be female .
Chapter 3 questions:
MULTIPLE CHOICE
2. When considering the application of a current Criminal Code provision, it is important to review any court cases decided under the provision because: a. the provision may have been overruled by a court
b. the provision may have been held not to apply to the current fact situation
c. other Criminal Code provisions may also apply to the fact situation
d. doing so may give the researcher insights into the meaning of ambiguous words in the provision
e. all of the above
3. A full case citation does not provide information about:
a. the year in which the case was decided or the year of the reporter volume
b. the judge who wrote the reasons for the decision
c. the case reporter in which the case is reported
d. the level of court at which the case was decided
e. the names of the parties to the case
TRUE OR FALSE?
____ 1. A statutory rule is the product of the cooperation of many different people (including politicians, lobby groups, and legal drafters), but a common law rule can be created by a single judge.
____ 2. A precedent created by the Supreme Court of Canada can never be changed. ____ 3. When a party cannot find an authority that fits their situation precisely, the party’s lawyer may propose a new principle.
____ 3. When a party cannot find an authority that fits their situation precisely, the party’s lawyer may propose a new principle.
____ 4. The cases described in the annotations to a Criminal Code provision typically demonstrate the application of that statutory provision to particular fact situations.
____ 5. Given an identical fact situation, a judge of the Ontario Superior Court of Justice must decide a legal issue in the same way that the issue was previously decided in the Ontario Court of Appeal.
Chapter 5 questions:
TRUE OR FALSE?
____ 1. Quasi-criminal provincial offences can be found in the Criminal Code.
____ 2. The Highway Traffic Act is an example of provincial legislation.
____ 3. A person charged with any offence, whether criminal or quasi-criminal, must have intended to commit the offence in order to be convicted.
____ 4. The common law, in the form of court decisions, must be consulted when interpreting Criminal Code provisions
Chapter 7 questions:
MULTIPLE CHOICE
1. Which of the following is not a recognized remedy for non-disclosure of relevant state evidence to the defence?
a. a judicial stay of proceedings
b. costs against the state
c. an apology from the Crown or police
d. a mistrial
Chapter 9 questions:
MULTIPLE CHOICE
2. Which of the following is not an aggravating factor?
a. the consumption of alcohol
b. the defacing of a synagogue
c. a mob hit
d. a teacher sexually assaulting a student
e. none of the above
3. The jury is dismissed from the trial after:
a. the sentencing
b. the verdict is announced
c. the Crown presents its case
d. post-trial issues are dealt with
e. all of the above
4. Sentences are:
a. decided by the judge based on precedent
b. decided by the jury based on the relevant Criminal Code section
c. decided by the judge and the jury together
d. decided by the judge based on the relevant Criminal Code section
e. a and d
5. Which of the following is not a mitigating factor?
a. the victim taunted the accused
b. the accused has never committed an offence before
c. the accused committed the offence on behalf of someone else
d. the accused seems sorry to have committed the offence
e. the accused has participated in a rehabilitation program
Chapter 10 questions:
TRUE OR FALSE?
____ 5. A sales contract is unenforceable if it contains no term setting a price for the goods sold.
Chapter 11 question:
TRUE OR FALSE?
____ 1. Under a tenurial system, all land with no private owner automatically belongs to the government.
____ 2. Under family legislation, part of each spouse’s property is deemed to be held in trust for the benefit of the children of the marriage
____ 3. A person who owns a life estate in land is not entitled to dispose of that interest by will.
____ 4. It is possible to have possession of real property (land) without having title to the property.
____ 5. It is possible to have title to real property without having possession of it.
Chapter 12 questions:
True / False
___ 9. Just as an employer must give notice before terminating an employee, an employee must give notice before quitting .
____ 10. An employer must not, in a job interview, ask an interviewee whether she intends to have children .
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