Reference no: EM133389048

Questions

1. Which of the following will overrule a common law case decided by a BC Supreme Court judge:

a. A contrary later ruling by the BC Court of Appeal.

b. A new provincial statute enacted by the legislature of Alberta.

c. A contrary ruling by a BC small claims court judge.

d. A contrary ruling by a Court of Appeal of Nova Scotia.

2. Regarding the Constitution of Canada, which of the following is FALSE?

a. Our Constitution provides for a two-level system of government, federal and provincial.

b. The Constitution Act, 1867 (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures)

c. The Constitution Act, 1867 was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended.

d. Members of our House of Commons in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms

3. Which of the following is CORRECT with respect to the characteristics of stare decisis in the common law:

a. It is based on Germanic trials by combat and Medieval trials by ordeal.

b. It prevents a higher court from overruling a lower one.

c. It helps parties to a litigation better predict a court's decision.

d. It allows the Supreme Court of Canada to take over the legislature unilaterally if it wants to.

4. Fred sold his car to Carol for $72,000. She agreed to pay him by instalments. After she had paid $24,000, Carol stopped making payments. Fred decided to sue. In which court would he start his lawsuit?

a. Provincial Court, Small Claims Division.

b. Provincial Court, Criminal Division.

c. B.C. Supreme Court.

d. B.C. Court of Appeal.