LAWS 1002 B- Mock Exam1

Course: LAWS 1002 B Facilitator: Brie Bhasin Mock Exam It is most beneficial to you to write this mock midterm U N DER EXAM CO N DITIO N S . This means: 1. • Complete the midterm in 120 Minutes . 2. • Work on your own and attempt every question. 3. • Keep your notes and textbook closed. 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: • Complete the mock exam before attending the take-up session. During the session 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 MOCK EXAM (FOR PRACTICE ONLY)

you most want to review – the Facilitator may ask students to vote on which questions they want to discuss in detail. • Facilitators will not distribute an answer key for mock exams . The Facilitator’s role is to help students 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. • PASS worksheets are designed as a study aid only for use in PASS workshops. Worksheets may contain errors, intentional or otherwise. It is up to the student to verify the information contained within by attending the PASS workshop. Good Luck writing the Mock Exam!! Take-up Session #1: April 14 th , 11:35-1:25 pm (MacOdrum Library 402) Take-up Session #2: April 15 th , 12:05-1:55 pm (Paterson Hall 111) Office Hour: April 16th th , 11:05-11:55 am (Southam Hall 308) Contact Information: Briebhasin@cmail.carleton.ca 1. Which of the following does Legal-Rational Authority NOT indicate: a) Authority is invested in a set of rules and rule-bound institutions b) Creating and changing the rules are outside of the direct control of those who administer them

b) Adjudication c) Standing d) Principe of de minimis non curat lex 7. What does “ubi jus ibi remedium” mean? a) The law does not deal with matters considered trivial b) Like cases be decided alike c) Justice delayed is justice denied d) No law without a remedy 8. Which best describes the principle of de minimis non curat lex? a) Trifles b) Issue of personal damages c) Defining legal relations d) Framework for private individual ordering 9. Which of the following best describes an adversarial court structure? a) Determines between at least two competing truths, judges appointed from lawyers, best outcome emerges through competition, and aims to determine the independent truth of the case. b) Judges play a passive role, often a panel of judges, determining between at least two competing truths, and the trial process. c) Judges passive, determines between at least two competing truths, best outcome emerges through competition, and trial. d) Judges are active, professional judges, trial process, the best outcome emerges through competition. 10. Which of the following are the two main principles of the -> issue of personal case provided section 24 -> Not taking small crimes in court -> crimes of little imporantace - this imply inquist implys inquistorial

Adversarial System? a) Party-autonomy and Party-Prosecution b) Informal and Formal c) Subjective and Objective d) Onus on Crown and Onus on Party 11. Which of the following is NOT a reason for more legitimacy? a) In line with liberal political and economic ideology b) Cathartic Effect c) Appearance of impartiality d) Justiciability 12. Which of the following best summarizes Frank’s Fight theory vs Truth Theory? a) Objective measures can never yield the truth b) Courts only facilitate legal fights c) Inquisitorial systems always treat justice like a fight, rather than allowing the truth to prevail d) The law needs to outweigh the factual evidence of a case 13. Frank says we must acknowledge that frequently we are: a) Overlooking what true justice means b) Selling justice c) Treating conflict as property d) Allowing the institution to dominate us 14. Which of the following is NOT one of the four themes mentioned as an alternative to the inquisitorial system? As per Kent Roach. a) Greater role for judges b) Law Appeals c) Innocence Commissions -> indivial's responsibity to bring it up. * -> self intersted -> conflict within the system. Values. -> neutral and unbaised. A -> More of a fight than truth in - live in a system where we buy and sell conflict >Fact appeal rather than law appeal.

20. Which of the following is NOT one of Daly’s Limits? a) Sincere apologizes may be difficult to achieve b) The potential to re-traumatize victims c) Procedure is easier to achieve than restorativeness d) It inhibits the accountability of offenders 21. Which of the following is NOT one of the objectives of drug treatment courts? a) To encourage and strengthen the use of alternatives to incarceration, with a particular emphasis on Indigenous men and women and sex workers. b) To assist offenders in gaining a better understanding of their addiction and ultimately lead them towards a life of recidivism. c) To build knowledge and awareness among criminal justice, health and social services practitioners, and the public about drug treatment courts. d) To collect information and data on the effectiveness of the Drug Treatment Courts to promote best practices and continue the refinement of approaches. 22. Therapeutic Justice places a new focus on the offender as a: a) Autonomous individual b) Perpetrator c) Patient d) NCR individual 23. Which of the following statements is false: a) Law and Science are both processes of truth production * -> Can't measure sinciety -> Not all victims are the same. Daly limits: what it is is super unclear - Not about fact finding - Restartiness is not a cure all. * * - Or client... *

b) There is a short history of science in the courts c) Law is still perceived to be the dominant discourse as judges still act as gatekeepers d) Science and law together cause an interplay of common sense and expert knowledge 24. Which is NOT one of the 3 reasons that law is different from science? a) Not probabilistic b) Independent and not partisan c) Specific case at hand d) An equitable balance can be reached 25. Which is the key question to assess from the case against William Mullins-Johnson a) Is law’s reliance on science, then, the problem or the solution? b) Is there too much reliance on professional codes of conduct? c) Should the law be less adversarial, and science must recognize the need for closure? d) Should reconciliation be the solution? 26. Former Chief Justice McLachlin comments: a) Problems go beyond isolated acts of bad apples in the system b) We need repeat players in the Justice System as they maximize resources for the rule change c) Middle-class Canadians increasingly frozen out of the judicial system d) Elaborated codes of practice need to be uncovered 27. What does Chief Justice McLachlin propose to deal with the uses of addiction and mental illness which she says continue to overwhelm the courts? a) An emphasis on ADR measures b) Specialized Courts A -> More prodicobile Science than their is law -> Science is more broad. A - We do be with the min wage job.

proposed for reform? a) Improved Legal Institutions b) Rule-Change c) Improved Legal Services d) Improved Strategic Position of the Haves 33. Which of the following is NOT an element of Judicare? a) Fee-for-service b) Role of the lawyer is to mitigate and eliminate power inequalities c) Maintain the system’s Status-Quo d) Problem-solving focus 34. Which of the following is NOT an element of legal services? a) Focus on issues that affect the marginalized the most b) Elimination of poverty/inequality c) Same service for all d) Neighbourhood oriented 35. Which of the following is a limit to accessing legal aid? a) It maintains a norm that one must earn a certain amount of money to qualify; hence, socioeconomically disadvantaged individuals are denied the service. b) It maintains a selective standard, and lawyers can choose whatever cases they wish to take on, allowing them to select the ones they believe will be most beneficial for them. c) It has a threshold of how little individuals must make, and individuals who do not earn accordingly are screened out. Unfortunately, it is an extremely small sum of money. d) Legal aid does not accept all cases and it is quite selective in what is accepted. 36. What is the percentage of cuts in Ontario (referring to legal -> the correct would be the have nots -> judicare. -> A norm would be informal ... it is athreshold.

services)? As per your slides. a) 67% b) 30% c) 15% d) 82% 37. Tort is mainly trying to establish: a) Guilt b) Sensibility c) Liability d) Negligence 38. What is the standard for tort? a) Balance of probabilities b) Beyond a reasonable doubt c) Burden of proof c) A balance of means 39. Criminal law replaces traditional practices of legalized _______ and __________. Fill in the blanks. a) Revenge and Compensation b) Codification and Standardization c) Order and Security d) Justice and Reparations 40. Criminal law is tied to the goals of the state. Which two goals of the state? a) Order and Peace b) Security and Standardization c) Justice and public order d) Security and Order - Faults, damages. -> Most likley to be true instead of not true. -> safety and keeping people in line.

46. Which of the following is the main argument of the R.v. Bedford case? a) The criminalization of practices associated with sex-worker was causing more harm to sex workers than the good it was trying to achieve b) Sex working in Canada is considered obscene, and a community standards test is required to address this. c) The prohibition on sex work in Canada has prompted sex workers to actively pursue legal complaints. d) It is an inequitable paradox that selling sex is illegal, yet purchasing it is not. 47. Which of the following is NOT one of the fails, of the government response to the Bedford case? a) Increased surveillance of Sex Workers b) Limit the role of third parties c) Ongoing Stigma and Discrimination d) Increased communication with sex-workers 48. Which of the following groups is not seen as disproportionately overrepresented in the CJS? a) Men offenders b) Unemployed individuals c) Women-as-victims d) Seniors 49. In Toronto, Black individuals are more than ____ likely to

be checked (carded) a) 10x higher b) 8x higher c) 7x lower d) 17x higher 50. What does, Fruit of Poisoned Tree refer to? a) Criminalization/Marginalization leads to symbolic and practical effects, which lead to each other. b) Justice system into disrepute c) When an ordinary person in the situation would feel they were not free to leave d) CJS needs major repair and numerous problems including racism, incompetence, indifference, etc. 51. Which of the following is a myth of overrepresentation? a) Social and Economic inequalities b) Differential Enforcement c) Biological reasonings d) Systemic Racism 52. Entry into the CJ process is all about what? a) Sentencing stage b) Momentum c) Systemic Oriented and Actor Oriented change d) Trial processes 53. Which of the following is not another solution proposed by the Royal Commission? a) Judicial inquires b) Alternative Structures c) Cross-Cultural Training d) Sentencing adaptation -> the justice system is held up by values that are not a knowledged S

d) Maverick actors 59. Which of the following is NOT one of the 3 necessary elements needed for a contract? a) Offer b) Consideration c) Acceptance d) Lawful purpose 60. A Breach of Contract is the breach of a ____ to behave or not to behave in a certain way. a) Duty b) Promise c) Expectation d) Obligation 61. Which of the following is NOT one of the 3 types of torts? a) Intentional tort b) Negligence c) Accident d) Omission 62. The standard for claims in negligence is a failure to act, often referred to by a: a) Foreseeable and Substantial risk b) Duty of care c) Duty of a reasonable person d) Proximity 63. Which of the following is NOT one of the defences in negligence? a) Voluntary assumption of risk b) Accident

c) Contributory negligence d) Delayed reactivity 64. Which of the following is NOT one of the big issues in tort? a) Should tort be eliminated? b) Does the tort system meet its goals? c) Should torts seek to denounce more? d) Does tort disadvantage the have-nots? 65. Which of the following is NOT a critique offered by critics on if Tort law is effective? a) Tort provides compensation to a very small number of victims b) Victims must make a substantial investment to initiate the process c) It is generally accepted that the mechanism is an extremely inefficient mechanism to provide compensation d) The victim must show need, rather than fault and can only recover damages if fortunate enough to be wronged by someone with assets. 66. Which of the following consists of those processes which produce and reaffirm the existing social order and thereby legitimize class domination? a) Ideological Domination b) Neoliberalism c) Keynesian Economics d) Homogenous Societies 67. The Donoghue v. Stevenson case (1932) determined which

evidence and standards in resolving disputes between parties and may contribute to inequality or promote a flawed status quo d) Family law maintains hierarchies and the intersectionality of marriages in the justice system 71. The post-1968 Divorces Act, removed the necessary condition of ______ from divorce. a) Fault b) Mutually agreement c) 1 Year minimum d) Civil law 72. Which of the following is NOT one of Mnookin’s 4 reasons offered in association with court involvement? a) Ceremonial Function b) May effect-out-of court settlements c) Review ensures “fair outcomes” and fairness between parties d) Women’s spousal rights 73. Which case highlighted the parens patriae jurisdiction? a) Childs v. Desmoreaux b) Donoghue v. Stevenson c) A.A v. B.B d) Mustapha v. Culligan of Canada 74. Which of the following is the definition of patriae jurisdiction? a) The requirement of the State to act in the best interests of persons who are unable to care for themselves. b) Manufacturing duty of care extends to every consumer of that - protection of children

initial product c) Family is unmoored from biology, status, and gender norms. d) You have a duty of care to help someone in a dangerous situation 75. Which section of the charter was examined to determine its constitutionalism in the Polygamy Reference? a) s. 293 b) s. 274 c) s. 97 d) s.137 76. A jury is supposed to be: a) Shaped to include a variety of critical perspectives offering valuable testimony to the law b) A jury of one’s peers c) Corrective administration d) A tailored community from a selected location 77. Approximately how many criminal cases in Canada are decided by a jury? a) Just less than 50% b) More than 95% c) Around 35% d) Less than 10% 78. Which section of the law protects juries? a) s.47 (b) b) s.11 (f) c) s.21 (a) d) s. 91 (b) 79. Which of the following is NOT true about jury nullification? a) It is extremely rare