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15 Cards in this Set
- Front
- Back
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The preamble is an official part of a statute and can help the courts interpret that meaning of the provisions of the statute (T/F) |
True |
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Regarding statutory interpretation, which is the approach to follow today? a) The Mischief Rule. b) The Modern Principle. c) The Golden Rule. d) The Literal Rule |
b) The Modern Principle |
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Which of the following is not a violation of a lawyer's professional code of conduct? a) Ignoring an undertaking that was given by the lawyer to a third party, if it would not benefit the client to perform the undertaking. b) Publicly criticizing an adjudicator or tribunal if they are on the wrong side of a ruling. c) Continuing to provide legal services to a client who continually requests that the lawyer violate professional ethics. d) Advocating that a law should be challenged or changed |
d) Advocating that a law should be challenged or changed |
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What does it mean to 'note up' a case? a) Drafting a one paragraph summary of the case. b) Citing a case in a legal memo. c) To update the case by referring to its judicial history and judicial treatment since it was decided. d) Drafting a detailed summary of a case, including the fact, issues, relevant legal principles, rationale, and holding |
c) To update the case by referring to its judicial history and judicial treatment since it was decided |
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Which of the following steps is not required to become a lawyer in the common law provinces?a) The sponsorship of a practicing lawyer with at least 5 years of experience. b) Completion of three years of full-time study an graduating with either an LLB or JD degree. c) Completion of a bar admissions course, consisting of a series of lectures and examinations established by a province's law society. d) A period of articling (analogous to an apprenticeship) |
a) The sponsorship of a practicing lawyer with at least 5 years of experience |
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A law permitting torture would necessarily violate the rule of law. (T/F) |
False |
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Which of the following would prevent a lawyer from being considered for an appointment as a judge of the Ontario Provincial Court? a) Having gone through a divorce. b) Having a close affiliation with a particular political party. c) Having an unresolved Error and Omission Claim on file at the Law Society of Upper Canada. d) Having absolutely no courtroom experience |
c) Having an unresolved Error and Omission Claim on file at the Law Society of Upper Canada |
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How is reading cases different from reading other published material, such as a newspaper, or a blog? b) Reading cases allows a lawyer to attempt to predict how a judge will decide a particular case in the future. c) The case for which you are researching will definitely be decided in the exact same way as a similar case that has already been decided. d) Reading cases is about extracting information from the written material |
b) Reading cases allows a lawyer to attempt to predict how a judge will decide a particular case in the future |
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In a common law legal system, how might a judge 'find a new law' a) By allowing himself to be persuaded by a ruling from a higher court in the hierarchy. b) By creating a new precedent. c) By applying the principle of stare decisis. d) By applying the ratio decidendi from a similar case decided by the Supreme Court of Canada to the present case. |
b) By creating a new precedent |
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What does Chief Justice McLachlin mean by "the ethic of service" as a guiding principle for lawyers? a) That being a good lawyer means having a strong work ethic. b) That it is unethical for a lawyers to refuse serve a client's demand. c) That the privilege and reward in being a lawyer is the ability to serve the public. d) That lawyers should work hard to make sure they are meeting their client's needs |
c) That the privilege and reward in being a lawyer is the ability to serve the public |
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In a disjunctive list, all of the items listed do not need to be present to satisfy the definition or rule. (T/F) |
True |
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The underlying principles of statutory interpretation can be summarized as follows: a) 'the words of an Act are to be read in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament'. b) 'the words of an Act are to be read in their grammatical and ordinary sense consistent with the meaning of the Act, the object of the Act, and the intention of Parliament'. c) 'the words of an Act are to be read in their entire context and in their grammatical and ordinary sense, in a way that respects the mischief of being addressed by the Act, the object of the Act, and the intention of Parliament'. d) 'the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament' |
d) 'the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament' |
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When reading a case, what is typically the most important element that you should be looking for? a) The rationale – i.e. why the court decided the way it did. b) The objective of the case – i.e. who sued whom and for what. c) The facts – i.e. what happened to give rise to the case. d) The legal issues – i.e. the questions that the court was asked to decide. |
a) The rationale – i.e. why the court decided the way it did |
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The 'Style of Cause' in a citation refers to the court that decided the case. (T/F) |
False |
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Why might some argue that "vague and overly broad language" contained in the new Anti-Terror legislation violates the rule of law? a) The imprecise language could mean that the government is hiding its true agenda. b) The rule of law requires that all laws are clearly written and unambiguous in their application. c) Vague and overly broad language does not provide the procedural fairness required by the rule of law. d) Loose language would caused judges to be biased in favour of their personal interpretation of the law |
b) The rule of law requires that all laws are clearly written and unambiguous in their application |
