LAWS 1001 A- Mock Final (Revised)

docx

School

Carleton University *

*We aren’t endorsed by this school

Course

1001A

Subject

Law

Date

Jan 9, 2024

Type

docx

Pages

Uploaded by ProfJay3280

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final It is most beneficial to you to write this mock midterm UNDER EXAM CONDITIONS . This means: 1. • Complete the midterm in 2 hour(s). 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 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: DECEMBER 10 TH , 10:05-11:55 AM (LA A720) Take-up Session #2: DECEMBER 12 TH , 6:35- 8:25 PM (LA A720) Office Hour: DECEMBER 13 TH , 2:05-2:55 PM (SA 308) Contact Information: Briebhasin@cmail.carleton.ca

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 1. Which of the following is NOT one of Vago and Nelson’s law attributes? a) Reactive b) Adopts an artificial black and white view of the world c) Law is not seen as instrumental d) No need to question founding assumptions 2. Brophy and Blokuis believe that legal studies in Canada is defined by: a) Aims and Methods b) Authority and reactivity c) Meaningful citizenship d) Understanding law as a field of discipline 3. Which of the following is NOT one of Donald Black’s four styles of law? a) Penal/Social Control b) Compensatory c) Therapeutic d) Communicative 4. Which of the following is NOT one of Menkel-Meadow’s 3 questions of law? a) What is law as a field/discipline? b) How is law as a field/discipline exclusive? c) What ideas has law generated as a field? d) What is the purpose of legal education? 5. Which of the following best summarizes Tamanaha’s Mirror Thesis? a) Law merely reflects the conditions in which it is enacted, applied, and enforced. b) Individuals should reflect on themselves more before conflicting with the law. c) Conflict is essential to society d) Fear is the driving factor that deters individuals from conflicting with the law. 6. Which of the following is NOT one of Weber’s three critical elements? a) Pressure or threats must be external from some other source. b) Must involve coercion/force c) Law needs to be distinguished from customs and conventions d) Those who enforce these must have an official role to enforce the law. 7. Which of the following best represents a custom? a) Rules that involve a sense of duty and obligations b) Rules in definite situations, which are observed without thinking or deliberation c) Traditions d) Rules the government sets in place that are recommended but not binding

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 8. What are Weber’s 3 types of authority? a) Traditional, Charismatic, Instability b) Legal/Rational, Charismatic, Bureaucracy c) Traditional, Legal/Rational, Legitimate d) Charismatic, Legal/Rational, Traditional 9. Which of the following is NOT one of Hoebel’s 4 functions of law? a) The definition of relationships b) The allocation of authority c) Adapting to changes in social life and redefining relationships accordingly d) Ensuring stability, predictability, flexibility, and change 10. Which of the following is NOT a reason that conflicts are stolen according to Christie? a) Courts are mundane with tedious processes of law b) Lawyers are not representative of their clients c) Courts are not accessible d) The professionalization of conflict reduction and resolution 11. Who views society as a moral phenomenon? a) Durkheim b) Marxist c) Taylor and Bouchard d) Hannah Arendt 12. Who said, “The state has no business in the bedrooms of the nation.” a) E.P Thompson b) Wolfenden Committee c) Christie d) Pierre Trudeau 13. Which of the following best summarizes Mill’s arguments in his harm principle? a) Solidarity comes from the diversity and reliance on other people. b) Law must re-establish boundaries and limits. Life cannot be intolerable for the majority. c) A test of tolerance is the best way to measure harm in a community. d) The only harm a community must fear is the potential of the government. 14. The doctrine of precedent is Janus-Faced. What is Janus-Faced? a) Having two sharpy contrasting aspects or characteristics b) Being too distinguished in the field of law c) Supported solely based on precedential knowledge d) Reflective of society’s changing norms

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 15. Hannah Arendt particularly looks at: a) Immigrants b) Republicans c) Refugees d) Prisoner populations 16. Which summarizes Fitzgerald’s Tragic Choices the best? a) We can be confronted with decisions with no right answer and thus we must make tragic choices b) There will always be a confliction between morality and law c) Social classes will always lead to divisions and the only way to supersede this is to enter into communism d) If we are confronted with a decision where we must choose between morality and the law, morality comes first 17. What is the primary goal of the Bouchard-Taylor Commission? a) Harmonization b) Universality c) Meaningful Citizenship d) Pursue the legal route as much as possible 18. Which of the following is NOT one of the three limits of Taylor and Bouchard’s 3 guidelines of accommodation? a) Undue Hardship b) Ethical Reference Points c) Disproportionality d) Society’s values and aims serve as incentives 19. “The right to have rights” is associated with whom? a) Taylor and Bouchard b) E.P Thompson c) Hannah Arendt d) Fitzgerald 20. Arbour and Lafontaine’s first step is: a) We must seriously consider where we are and where we are going b) Acknowledging that law is a bigger part of the problem not the bigger part of the solution c) Acknowledging that there is little room for progress while indulging in self-righteousness and self-congratulation d) We must consider if we can use law as a tool of social transformation

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 21. Devlin would be a ________ and Mill would be _____________. a) Conservative; Classic Liberal b) Classic Liberal; Conservative c) Classic Liberal; Liberal d) Conservative; Republican 22. Which perspective of law holds that society is functionally integrated and is held together by a consensus on values? a) Conflict perspective b) Consensus perspective c) Functionalism d) Marxist perspective 23. Which perspective of law holds that order is temporary and unstable and groups strive to maximize their own interests? a) Conflict b) Marxist c) Functionalism d) Legal Realism 24. Which law perspective arose as a response to the legal positivism’s claim that law is autonomous from politics? a) Functionalism b) Legal Realism c) Legal Pluralists d) Marxist 25. What are the two ways that the Marxist approach believes the bourgeoisie class maintains their dominance? Choose the most correct answer. a) Power and Wealth b) Aims and Methods c) Force and Power d) Coercion and Ideology Consent 26. Which legal perspective’s focus is on the way in which the law stabilizes existing systems of exclusion and marginalization? a) Legal Pluralism b) Critical Legal Studies c) Feminist approaches d) Legal Realism

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 27. Intersectionality: a) Addresses the multiple points of discrimination b) Discusses how law is ambiguous c) Discusses the cluster of cases that represent and form precedent d) Looks at how law helps construct, transform, and maintain racialized identities and relations. 28. Which perspective of law’s goal is to promote predictability, calculability, and stability of social relations. a) Legal Realism b) Marxist c) Law and Literature d) Legal Positivism 29. Le Inguista non est lex is associated with: a) Legal Positivism b) Natural Law c) Marxism d) Law and Literature 30. What is the underlying concept of natural law? Choose is the most correct answer. a) Morality alone is an adequate deterrence of human behaviour b) Universality and God-Given laws are the fundamental concepts that evolved the law c) No unjust law is a law at all d) Life, Liberty, and the Pursuit of Happiness 31. In Christie V. York Corp, what was Christie’s Basis? a) s. 33 of the Quebec Licence act b) s. 7 of the Quebec Charter of Human Rights c) s. 11 of the Charter of Rights and Freedoms d) He did not have a basis and that is why he lost 32. Why did the section that Christie used get struck down? a) Because of his race b) Because he was neither a traveller nor seeking food c) Because he had a seasonal investment, but he was not a VIP member d) He never applied with any section

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 33. The introduction of what officially prohibited discrimination based on race in the province of Quebec? a) 1975- The Quebec Charter of Human Rights b) 1945- The Declaration of Human Rights (United Nations) c) 1965- The Quebec Charter of Rights and Freedoms d) 1933- The precedent officially set from Christie’s case 34. Which of the following is NOT a defence of necessity? (As per R.v. Dudley and Stephens) a) Utilitarian defence b) Impossibility of free will c) Human Frailty d) Conformity 35. The Community Standards Test is also known as the: a) Standard of Calculability b) Obscenity Test c) Standard of Tolerance d) Community Regulations 36. Latimer clarified the test for ______ in Canada. a) Necessity b) Precedent c) Tolerance d) Mercy Killings 37. Latimer argued that the killing of his daughter was because: a) Of envy b) Of mercy c) Of fear d) It was an accident 38. What was the outcome of Little Sister’s v. Canada? a) They won until customs appealed the decision, ultimately allowing customs to discriminate them for years afterwards. b) They redefined Butler’s harm and acknowledged that customs were acting discriminatory. c) There was no real remedy, the court acknowledged that customs were discriminatory, and they said that Butler’s harm should be redefined. d) There was no real remedy, the court acknowledged that customs were discriminatory, but they said the Butler’s harm should not be redefined.

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 39. What is the Rule of Law as seen in Roncarelli v. Duplessis? a) Can a violation be demonstrably justified in a free and democratic society b) Everyone has equality under the law, no one is above the law c) Words of an act must be taken in their entire context and their grammatical and ordinary sense d) Individuals should be guaranteed the right to special representation 40. What is a reverse onus? a) The burden of proof is on the Crown to prove you guilty b) The burden of proof is on the individual to prove themselves innocent c) A case cannot be tried by a trial judge, and must have a jury component d) When the Crown appeals a case 41. What was the fact in issue of R.v. Hasselwander? a) How the court ruled the definition of the word capable b) How the court made assumptions without reasonable correlation c) Whether firearms were a matter of the federal or provincial government d) Whether infringing on the boy’s right to wear his kirpan constituted minimal impairment 42. What is the mischief rule? a) A certain rule that judges can apply in statutory interpretation to discover Parliament’s intention b) A certain policy that individuals can invoke if they feel their rights have been violated c) A certain rule that judges can apply in statutory interpretation when Parliament has acted ultra vires. d) Pragmatism- The past remains to common-ground but permits change. 43. What does Ultra Vires mean? a) Beyond its power b) Within its power c) The right of the government in its jurisdiction d) When something acts beyond the charter 44. What does Intra Vires mean? a) When something acts within the charter b) The right of the government not in its jurisdiction c) Beyond its power d) Within its power

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 45. What is the significance of Rizzo Shoes? a) Termination of employment caused by the bankruptcy of an employer gives rise to a claim for termination and severance pay b) Words of an act must be taken in their entire context and in their grammatical and ordinary sense c) At minimum the situation must be so emergent, and the peril must be so pressing that normal human instincts cry for action and make a counsel of patience unreasonable d) Does de factor right of executive allow them to exercise statutory public function to deliberately and intentionally destroy the vital business interests of a citizen. 46. Which two sections divide powers with residual and emergency powers going to the federal government? a) Section 91 & 92 b) Section 11 & 7 c) Section 25 & 35 d) Section 33 & 34 47. Which province was discussed in the firearms reference? a) Quebec b) British Columbia c) Alberta d) Prince Edward Island 48. In the firearms reference, the federal government claimed that firearms were a ______ matter and the provincial government claimed that firearms were a ______ matter. a) Provincial; Federal b) Property; CJS c) Constitutional; Municipal d) CJS; Property 49. The Cheyenne Way provides an example of which of the following: a) Donald Black’s 4 Styles of Law b) Hoebel’s 4 Functions of Law c) Weber’s 3 types of Authority d) New Rules 50. Law as a key regular of __________. Choose the best answer. a) Theories b) Codification c) Society d) Behaviour

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 51. Theories of law are important because they help reveal existing ________ in societies and the way societies are held together, through a web of _______. a) Hierarchies; Orders b) Issues; Relations c) Norms; Relations d) Understandings; Constitutions 52. Typical law consists of: a) Codes, courts, and sanctions b) Law-habits, customs, norms, and structural limits c) Theories/ Conceptions d) The messiness of social life 53. Which of the following is NOT one of the three gaps straining the mirror thesis? a) Systematic non-conformity b) Outdated laws c) Corrupting morals d) No one employing legal remedies 54. What does Christie mean by double-victimization? a) This is when a victim is victimized twice by the same perpetrator and the CJS did nothing the first time to prevent the second time from happening. b) There is the initial victim who feels powerless and is violated, and then the CJS is also creating a victim who feels they no have power over the case. c) The depersonalization of the causes where one does not truly want to commit the crime. Essentially reducing the victim to a non-entity and the offender to a thing. d) Justice systems seem very far like another world. He argues that once you turn conflict over to the law it become else’s property. Conflicts are stolen because they are property. 55. Which section of the charter ensures the basic rights of freedom, such as freedom of conscience and religion, freedom of peaceful assembly, etc.? a) Section 2 b) Section 7 c) Section 14 d) Section 1 56. The constitution formalizes a framework of __________ and __________. a) Representation; Identity b) Entrenched; Legislation c) Rights; Freedoms d) Identity; Rights

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 57. What is the significance of entrenchment in the charter? a) The charter as a part of the constitution, can only be amended by formal constitutional amendment b) It formalizes the framework of representation and identity c) This moves away from law’s grand narratives, indeterminacy, complexity, and fragmentation d) Its embedded so that it can be changed easier to adapt with ever-evolving society 58. What are the two stages of reception (Think historical sources of Canadian law)? a) Optimistic and Pessimistic Reception b) Informal and Formal Reception c) Institutionalization and Formal Reception d) Primary and Secondary Reception 59. Indigenous laws were abandoned in pursuit of assimilation policies, which of the following was not an assimilation policy discussed in the lecture: a) Reserve system b) Band councils c) Classification system d) Head tax 60. Who advocates for the history of Canada’s founding to be re-imagined and recognized. a) The Cheyenne Way b) Kymalicka and Norman c) Mahoney d) Taylor and Bouchard Commission 61. Which of the following acknowledged Indigenous right to land? a) Royal Proclamation 1763 b) Constitution 1982 c) Indian Act 1867 d) Confederation 1867 62. Which of the following is NOT one of the components to the Canadian constitution? a) Charter of Rights and Freedoms b) British Foundations c) Federalism d) French Civil Law 63. The Constitution (1982) recognizes treaty rights. Which section are shields? a) s. 25 & 35 b) s. 10 & 11 c) s. 7 & 14 d) s. 1 & 8

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 64. Which of the following is not one of the 3 views of federalism? a) Centralized b) Diverse Federalism c) Foundational Frameworks d) Decentralized 65. What are the two important changes to the constitution act of 1982? a) The right for provinces to invoke the notwithstanding clause and the United Declaration of Human Rights coming into effect. b) The addition of the Canadian Charter of Rights and Freedom and the complete disconnection from British ruling. c) The ability to amend the Canadian Constitution and the addition of the Canadian Charter of Rights and Freedoms. d) Complete detachment from British parliament and the ability to amend the Canadian Constitution. 66. Which of the following is NOT an element of the amendment formula? a) General Amendment Formula b) Pragmatism c) Relations between the provinces d) Unanimity 67. What is the general amendment formula? a) House and Senate 7/50 b) House and Senate 7/10 c) Senate and State 7/50 d) Province and House 10/75 68. Which of the following is NOT one of the 4 principles of the Canadian Constitution: a) Federalism b) Democracy c) Respect for Minorities d) Historical 69. Which province never signed the constitution act in 1982? a) Alberta b) Quebec c) British Columbia d) Nunavut

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 70. Which of the following is NOT a significant difference that The Charter of Rights and Freedoms made to Canada’s legal culture? a) Increased the litigiousness of Canadians b) More trust in judiciary and less in government c) Less trust in judiciary and more in independent relations d) Dominance of Common Law system 71. The Oakes Test is also a _________. a) Standard of Tolerance b) Proportionality test c) Standard of legislation d) Test of constitutional agency 72. In which case do we see a reverse onus used? a) R.v. Latimer b) R.v. Labaye c) R.v. Oakes d) R.v. Multani 73. Which section of the Charter of Rights and Freedoms is the notwithstanding clause found? a) s. 33 b) s. 91 c) s. 11 d) s. 2 74. Where does law come from? Choose the best answer. a) Statutes and Case Law b) Case Law and European Foundations c) Precedent and Federal Legislation d) Adjudication and Precedent 75. Which of the following is NOT one of the three approaches to interpreting statutes? a) Textualism b) Codification c) Intentionalism d) Pragmatism 76. Which of the following cases deals with sheep transportation? Bhaaaah. a) Gorris v. Scott b) R.v. Hasselwander c) R.v. Nestle Farms d) R.v. Smith

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 77. Which of the following is NOT one of the rules of statutory common law interpretation? a) The plain meaning rule b) The pragmatic rule c) The mischief rule d) The modern approach 78. What does Stare Decisis mean? a) An unjust law is no law at all b) A law must be read in its entire context for it to be valid c) Everyone is equal under the law d) Stand by what has been decided 79. What are the two basic parts of a judicial decision? a) Habeas Corpus and Certiorari b) Ratio Decidendi and Obiter Dictum c) Ex Parte and Quasi d) Sua Sponte and Pro Se 80. Which of the following is NOT a right included in T.H Marshall’s basket of rights? a) Social Rights b) Political Rights c) Civil Rights d) Liberal Rights 81. Which of the following is NOT one of the rights included in Kymalicka and Norman’s differentiated citizenship model? a) Special Representation Rights b) Multicultural Rights c) Self-Governance Rights d) Special Accommodation rights 82. Which of the following is NOT one of the benefits to the citizenship route as opposed to the legal route (according to the Bouchard-Taylor Commission). a) Avoids court congestion b) Good for citizens to manage conflict c) Prevents lawyers from stealing conflicts d) Values mirror interculturalism 83. Which of the following is NOT one of the limits to accommodation? a) Undue Hardship b) Ethical Reference Points c) Questions of Ethics d) Society Values and Aims serve as Incentives

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 84. Which bill prevents public workers from wearing religious symbols? a) Bill 21 b) Bill 28 c) Bill 37 d) Bill 14 85. What is the name of the green statute of an overcrowded boat? a) The Spirit of Haida Gwaii b) P.O.G.G c) The Right to have Rights d) Foreignness as a slippery category 86. What does P.O.G.G stand for? a) Privacy, Oath, Garnish and Gifts b) Peace, Order, and Good Government c) Pursuit, Order, and Good Government d) Parties, Opinion, and Good Faith 87. Which of the following is NOT one of the 4 principles of secularism: a) Moral equality of all persons b) Freedom of conscience and religion c) The separation of church and state d) The neutrality of the church and the religion 88. Taylor and Bouchard want to promote a culture of: a) Compromise b) Community c) Diversity d) Equity 89. Which of the following is NOT one of the 4 key strengths of Charter Optimists? a) Legislators must take individual rights more seriously b) Legislators more careful in drafting legislation to make the underlying public interest as clear as possible c) Educative Function- Right consciousness d) Another arena for charter transformation 90. Which of the following is NOT one of the 4 key limits proposed by Charter Skeptics? a) Judges impose their own view about free and democratic society b) Limited scope c) Charter may be used to protect power governmental control d) Access to courts become limited in practice

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Course: LAWS 1001 A Facilitator: Brie Bhasin Mock Final 91. What does ideological mean according to Marxist? a) A set of ideas that are dominantly used in society to justify power and privilege of the ruling class. b) An approach that assesses the truth of meaning of theories or beliefs in terms of the success of their practical application. c) Focusing on European culture or history to the exclusion of a wider view of the world; implicitly regarding European culture as preeminent. d) Having been made to behave in a way that is acceptable to a particular society. 92. Which of the following is NOT one of the 4 reasons for not abandoning law? a) We would be denied any legal protections b) Politics today are not enough influenced by societal views c) Rejection to use law leaves law to be reduced to law-and-order issues rather than social justice claims d) Abandoning law means abandoning current struggles

LAWS 1001 A- Mock Final (Revised)

Related Documents