Reference no: EM133492268
Question
1. Nuisance includes
A) Noise, odours, trespass to land and chattels
B) Noise and odours interfering with the plaintiff's reasonable enjoyment of their property
C) A condition that if it is lawful to cause noise during lawfully permissible times then a claim of nuisance may not be found by the court
D) A condition that odours must stop emitting only at specific times
2. A settlement in a civil matter is
A) mandatory
B) optional
C) binding
D) required by the provincial civil rules
3. Bob bought a new stereo system for $3500 from A&C Sound in Vancouver. He agreed to make monthly payments of $500 and did so for the first 2 months. He really liked the system but did not feel like paying the balance. A&C Sound decided to sue. Their action would be in the:
A) Court of Appeal
B) Provincial Court, Criminal Division
C) Provincial Court, Small Claims Division
D) Supreme Court
4. Which of the following is not an area of public law?
A) Administrative law
B) Contract law
C) Criminal law
D) Tax law
5. Amara and Joseph enter into a contract for the purchase and sale of illicit drugs.
A) This contract is legal because it is a private contract.
B) This contract is illegal and therefore unenforceable because illicit drugs are involved.
C) This contract is voidable.
D) This contract is valid.
6. Johann is at his doctor's office getting a check-up after a health scare. He tells his doctor that he needs to sell his vehicle. His doctor tells him he will buy it for $10,000. Johann was going to list it for $15,000.00 but feels obligated to sell to his doctor. This is an example of:
A) Fraudulent misrepresentation
B) Innocent misrepresentation
C) Duress
D) Undue influence
7. A person sued for assault and batery cannot laim which of the following as a defense?
A) I didn't mean to do it
B) I was only defending myself
C) The injured person agreed
D) The injured person consented
8. A breach occurs
A) When a party has failed to perform their obligations under the contract to the reasonable satisfaction of the other party.
B) When both parties fail to perform their obligations under a contract.
C) When a party has fulfilled all of the obligations in objective reasonable manner.
D) When a party has fulfilled only some of the obligations.
9.________________means ending a contract through no fault of everyone but because the contract has become impossible to perform.
A) Frustration
B) Liability
C) Breach
D) Performance
10: A settlement in a Civil Matter is
A) Binding B) Optional C) Mandatory D) Required by the provincial civil rule
11.____________of a contract is the failure of a party to perform their obligations to the other party's reasonable satisfaction.
A) Frustration B) Liability C) Breach D) Performance
12.. Which of the following is not a defense against defamation?
A) The statement was absolute privilege
B) The statement was fair comment
C) The statement was qualified privilege
D) The statement was FALSE
13._____________________is the third step in forming a contract
A) Offer B) Contract C Acceptance D) Invitation
14._______________is the second step in forming a contract
A) Offer B) Contract C) Acceptance D) Invitation
15. A business in the service industry may find its employees becoming involved in altercations with customers in the course of their work. Such altercations:
A) Are extremely rare and so are not worthy of concern
B) Can lead to employees being held liable, but will not impact the business itself
C) Can result in actions against the business on the basis of vicarious liability
D) May be inconvenient, but do not expose the business to liability
16.__________________means that a contract must not be contrary to the law
A) Capacity B) Legality C) Inability D) Voluntariness
17._______________to treat is the first step of forming a contract
A) Offer B) Contract C) Acceptance D) Invitation
18.______________Liability is an employer is responsibility for injuries caused by an employee while acting in the course of their employment.
A) Current B) Vicarious C) Long Term D) Contingent
19.. A bouncer who uses force to remove a patron from a bar is liable for injuries to the patron if the amount of force, given the size, strength, and amount of resistance of the patron is:
A) Excessive B) Extreme C Predictable D) Reasonable
20._____________is an intentional tort from words
A) Defamation B) Slander C) Negligence D) Rumor
21.__________is when all or most of the obligations under the contract have been met to the reasonable satisfaction of
A) Agreement B) Performance C) Frustration D) Breach of Contract
22. "Beyond Reasonable Doubt" is needed in what type of Case?
A) Criminal Law B) Civil Law
C) Martial Law D) Jude Law
23. Why is it essential to "Determine Jurisdiction" in the litigation process?
A) It is not
B) To avoid being found guilty
C) To be proven innocent
D) Different laws/rules apply differently depending on location.
24) Which is not a function of the Law
A) Provide a System of Enforcement
B) Establish rules of Conduct
C) Protect society
D) Aid in making decisions
25) Which of these is not an example of Statute Law?
A) Income Tax Act
B) Criminal Code of Canada
C) Act of Acts
D) Matronal Property Act