Duncan Stewart LAWS 1000 CV

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:

Monday, April 9th 6:00pm-7:30pm (ME 4499) & Thursday, April 12th 6:00pm-8:00pm (ME 3328). Office Hour Saturday, April 14th 1:00pm-2:00pm (ML 402)

Duncan Stewart LAWS 1000 CV

Week 1

1. What term refers to modern, highly rational legal systems that support capitalism?

a. Criminal Justice System

b. Private law

c. Legalism

d. Calculability

2. What realm of law regulates relationships between individuals in society?

a. Criminal

b. Public

c. Private

d. None of the above

3. What are Weber's Models of Social Action?

a. Internal and External

b. General and Specific

c. Formal and Informal

d. None of the above

4. Which is NOT an example of Private Law?

a. Constitutional Law

b. Tort Law

c. Contract Law

d. A and C

e. All of the above

5. There is a clear connection between the law and economy, select the aspects of law that

are most important to capitalism.

a. Degree of Calculability

b. Capacity to develop substantive regulations

c. Monopolized prison system

d. A and B

e. B and C

6. Select the precedent case that demonstrates the validity of ‘click wrap agreements’.

a. Murdoch v Microsoft

b. Rudder v Microsoft

c. Pettkus v Becker

d. Becker v Microsoft

Duncan Stewart LAWS 1000 CV

7. What is it about the capitalist free market system that makes coercion necessary?

a. Necessary because self-interest is limited

b. Necessary for predictability

c. Broader mandates of social control

d. A and B

e. None of the above

Week 2

8. What are the three stages of dispute?

a. Pre-conflict, confrontation, dispute

b. Conflict, confederation, disagreement

c. Pre-conflict, dispute, confrontation

d. None of the above

9. When a contract deteriorates a business relationship it is known as...

a. Business separation

b. Business divorce

c. Splitting hairs

d. Private ordering

10. What is the process of negotiation called in the private realm of the courts such as in cases

of divorce that Mnookin describes?

a. Private ordering

b. Business divorce

c. Private separation

d. Divorce separation

11. According to Macaulay, what are the two norms of doing business?

a. Maintain interpersonal relations and honour commitments

b. Only be concerned with self-interest and be prepared for litigation

c. Establish a contract and honour commitments

d. Make a good product and honour commitments

12. According to Macaulay, there are three reasons for entering into contracts. Which is not

mentioned?

a. The contract serves as a communication device

b. The contract allows risky behaviour

c. The contract serves as a fallback in case litigation is needed

d. None of the above

Duncan Stewart LAWS 1000 CV

13. How does Macaulay describe contracts in a business relationship?

a. Silent Partner

b. Business wedding band

c. Care free

d. Litigation agreement

14. Which of the following is NOT a primary dispute resolution process that takes place

outside of the formal court system?

a. Negotiation

b. Mediation

c. Adjudication

d. None of the above

15. Which dispute resolution process includes the presence of a third party to ease tensions

and guide discussions, but without decision-making power?

a. Negotiation

b. Mediation

c. Arbitration

d. Adjudication

e. A and D

Week 3

16. Which precedent case involves a drunk driving accident that establishes that exercise of

duty of care is reasonably owed to anyone within proximity?

a. Donoghue v Stevenson

b. Childs v Desormeaux

c. Childs v Stevenson

d. R v Childs and Desormeaux

17. Which precedent case demonstrates the manufacturer has a duty of care to reasonably

foresee that their neighbour could be affected by the acts?

a. Rudder v Microsoft

b. Donoghue v Becker

c. Rudder v Stevenson

d. Donoghue v Stevenson

18. Which case established a “constructive trust” based on the property rights of a common

law spouse?

a. Bettkus v Pecker

b. Petkus v Becker

c. R v Becker

d. Childs v Becker

Duncan Stewart LAWS 1000 CV

19. Which principle was established in Donoghue v Stevenson that duty of care is owed in

close and direct relations, what is the most correct answer?

a. Proximity

b. Structured vulnerability

c. Reasonable Reliance

d. Similarity leniency bias

20. A situation of positive relationship of supervision and control, such as a relationship

between a parent and child gives rise to which duty of care? Select the most correct

answer.

a. Positive duty of care

b. Negative duty of care

c. Special duty of care

d. None of the above

21. Reliance on the creator of a risk activity to minimize risk and make safety precautions due

to obligation to foresee potential hazards is known as…

a. Anns Test

b. Reasonable Reliance

c. Proximity

d. Reasonable care

22. Which is NOT a situation that would give rise to a duty of care due to proximity such as in

the case of Childs v Desormeaux.

a. Obligation to minimize risk when person invites someone to participate in risky

activity

b. A private party host to the general public

c. A duty of care from parent to their child

d. A duty of care from a bartender to the general pubic

e. None of the above

Week 4

23. Which is the correct concept of hegemony as described by Gramsci?

a. Everyone are considered equal under the law

b. Equality of opportunity and outcome

c. The ruling class imposes rules by which the general population gives spontaneous

consent

d. Both A and B

e. None of the above

Duncan Stewart LAWS 1000 CV

24. What case involved a wrongful conviction due to racial identity influencing the discretion

in the Criminal Justice System?

a. R. v Gladue

b. Donald Marhsall Jr.

c. OJ Simpson

d. R. v Tolson

25. Those forces which produce and reaffirm the existing social order and plays a role in

perpetuating the class integral to capitalism through law. Select the most correct term that

fits this description.

a. Separation of Powers

b. Structured vulnerability

c. Ideological Domination

d. Hegemonic Domination

e. Ideological Hegemony

26. The nature of a prohibited activity as evil or bad in itself is referred to as…

a. Malum prohibitum

b. Male prohibitor

c. Male on see

d. Mala en se

27. Select the option that best describes a universal feature of class society whereby on or

more class are subjected to another class in a manner that perpetuates exploitation.

a. Ideological domination

b. Domination

c. Hegemony

d. Function of law

e. Form of law

Week 5

28. Which Latin term refers to the guilty action of a crime?

a. Habeas corpus

b. Mens rea

c. Actus reus

d. Actus rea

29. In processes of social control who is target by general deterrence?

a. Individuals

b. High commitment offenders

c. Low commitment offenders

d. Society at large

e. None of above

Duncan Stewart LAWS 1000 CV

30. Which element of a crime must include a choice that is freely made with appreciation of

wrongfulness of the act?

a. Actus reus

b. Mens rea

c. Mala en se

d. Mens reus

31. Which precedent case demonstrates mistake of fact because the accused had no culpable

mens rea present?

a. Donald Marshall Jr.

b. Donoghue v Stevenson

c. R. v Fagan

d. R v Tolson

32. What two elements of a crime must be present at the same time in order to prove that

criminal action has taken place?

a. Mens reus, actus rea

b. Mens rea, actus reus

c. Mala en se, malum prohibitum

d. None of the above

33. What does the Court assume about a ‘reasonable person’?

a. Rational

b. Autonomous

c. A and B

d. None of the above

34. When sentencing Aboriginal offenders, Judges are to consider all other reasonable

sanctions other than imprisonment in accordance with?

a. S. 718.2(e) of the Criminal Code

b. S. 718 of the Charter of Rights and Freedoms

c. S. 719 (d) of the Criminal Code

d. S. 15 of the Charter of Rights and Freedoms

35. A person commits a crime, is convicted, and spends time in prison. Because of this

punishment, they decide they never want to commit the crime again. This is an example

of?

a. Actus reus and mens rea

b. Specific deterrence

c. General deterrence

d. Specific deference

e. General control

Duncan Stewart LAWS 1000 CV

Week 6

36. Which is NOT a central characteristic of Judicare?

a. Autonomy of client to choose lawyer

b. Legal activism

c. Alleviation of poverty

d. B and C

e. All are characteristics of Judicare

37. The goal of Legal Services Model is…

a. The goal of legal aid should be eradicating poverty

b. The goal of legal aid should be providing free legal services to all citizen

c. The goal of legal aid should be access to the best attorney’s

d. The goal of legal aid should be educating others on the law

38. What is used to determine whether an individual qualifies for legal aid?

a. University standing

b. Full time employment

c. Minimum necessary income

d. Low level offence

39. Accessibility to service could be described as a ____________ of the _____________

model.

a. Strength, Judicare

b. Weakness, Judicare

c. Strength, Legal Services

d. Weakness, Legal Aid

40. The lawyer-client relationship is managed by the plan in which model:

a. Judicare

b. Legal Services

c. Legal Aid

d. All of the above

Week 7

41. Who outlines four challenges to accessing Canadian justice?

a. Brooks

b. Macaulay

c. McLachlin

d. Mnookin

Duncan Stewart LAWS 1000 CV

42. Which of the following is NOT a challenge to accessing justice?

a. Access to justice

b. Challenge of long trials

c. Challenge of delays

d. Challenges of dealing with endemic social problems

e. Over usage of plea bargains

43. Which procedural challenge outlined by demonstrates the issue in the R. v Jordan case?

a. Access to justice

b. Long trials

c. Problems of delays

d. Endemic social problems

e. Wrongful conviction

44. When avoiding conflict in dispute resolution, what does “lumping it” refer to?

a. Not bringing a claim forward

b. Ending a relationship

c. Legal dispute resolution

d. Ending multiple relationships and using one resolution process

45. What is the name of an agreement with the accused that admits to guilt of particular

offence in return for concession from the Crown?

a. Plea bargains

b. Concession agreement

c. Guilt contract

d. Leniency agreement

Week 8

46. Which of the following is not a style of policing for providing order and maintenance?

a. Watchman

b. Legalistic

c. Service

d. Zero tolerance

47. The RCMP provides provincial police services to all Canadian Provinces except:

a. Manitoba

b. Ontario

c. British Columbia

d. Quebec

e. B & D

Duncan Stewart LAWS 1000 CV

48. The Police service responsible for policing the largest geographical region of Ontario is

the:

a. RCMP

b. Ontario Provincial Police

c. Nishnawbe Aski Police Service

d. Metropolitan Toronto Police Service

e. A and C

49. Which of the following is NOT considered one of the four levels of policing?

a. By law

b. Federal

c. Provincial

d. First Nations

50. What precedent case demonstrated the dangers of discretion within police services?

a. Doe v OPP

b. Doe v Metropolitan Toronto Commissioners of police

c. Doe v Balcony rapist

d. Doe v Metropolitan Ottawa Commissioners of police

Week 9

51. The division of the adversarial system into the principle of party autonomy and party

prosecution was theorized by

a. Fuller

b. Brooks

c. Frank

d. Weber

52. Which is NOT a principle of adjudication as the assumed mechanism for dispute

resolution in the legal arena in Canada?

a. Party autonomy

b. Party prosecution

c. Impartial judge

d. Inquisitorial system

53. How many years would you spend as a practicing lawyer before qualifying to be

appointed as a judge?

a. 5

b. 10

c. 12

d. 15

Duncan Stewart LAWS 1000 CV

54. Which of the following terms is best described as a limitation to the adjudication process?

a. Party autonomy

b. Dependence on lawyers

c. Party prosecution

d. Impartial judge

55. What is the age of retirement for Federal judges?

a. 70

b. 71

c. 69

d. 75

56. In the adversarial system there are principles of

a. Party prosecution

b. Active and investigating judge roles

c. Party autonomy

d. Party determination

e. A and C

Week 10

57. Select the following that includes the correct requirements to be a prospective juror.

a. 20+years old working a professional career in legal field

b. 16+years old, resident of large city

c. 18+years old, Canadian citizen

d. Working as public servant such as a police officer

58. How many jurors are present in a criminal trial?

a. 6

b. 8

c. 10

d. 12

59. The case of R. v. Williams is an example of:

a. Challenge for motive

b. Peremptory challenge

c. Selection error

d. Challenge for cause

60. The judge is the trier of ___________, whereas the jury is the trier of ___________

a. Law, Fact

b. Fact, Law

c. Facts, Sentencing

d. Civil law cases, Criminal law cases

Duncan Stewart LAWS 1000 CV

61. Canadian judges are _________ , and American judges are ___________.

a. Elected, appointed

b. Appointed, elected

c. Appointed, both elected and appointed

d. Both elected and appointed, appointed

Bonus

62. What is the correct time and date of your final exam?

a. April 15 2pm

63. Where will your exam be held?

a. Alumni Hall

64. What is the final number of questions that will be featured on the exam?

a. Expect potentially 60-90 questions (based on the recent changes to the course

content)

65. What is the best way to study for this exam?

a. Mock exam

b. Review readings and lecture slides

c. Rewatch the CUOL vidoes

66. When are you going to start preparing for this exam?

a. ASAP

*Please note that as your PASS facilitator I do not know what course content will be

featured on the exam.

*In no way is this exam meant to reflect the scale of difficulty for the final exam. It was

drafted with the intent of providing breadth not depth on course content.