Test Bank For Canadian Law An Introduction 7th by Boyd

Test Bank for Canadian Law An Introduction 7th by Boyd
Test Bank for Canadian Law An Introduction 7th by

Boyd
To download the complete and accurate content document, go to:

https://testbankbell.com/download/test-bank-for-canadian-law-an-introduction-7th-by-
boyd/
Visit TestBankBell.com to get complete for all chapters

CHAPTER 5
Canada’s Courts: The Processes of Dispute Resolution
TRUE/FALSE
1. Timely access to justice has been adequately provided for in the twenty-first century.
ANS: F
2. Alternative dispute resolution and restorative justice seeks to by-pass the adversarial context
of the Courts.
ANS: T
3. The primary difference between summary and indictable offences is that an indictable offence
is typically considered to be less serious.
ANS: F
4. In hybrid offences, the Crown chooses to proceed either summarily or by indictment,

depending on the seriousness of the accused’s actions.
ANS: T
5. In each province of Canada, there are only two divisions of provincial courts.
ANS: F
6. The superior courts in every Canadian jurisdiction are divided into two divisions: a Trial
Division and an Appeal Division.
ANS: T
7. Libel and defamation cases are heard in the criminal division of the provincial courts.
ANS: F
8. The courts in Canada operate in the context of the inquisitorial system.

ANS: F
9. The adversarial system is not ultimately concerned with finding the truth. The system only
chooses from the truths presented by opposing counsel.
ANS: T
10. According to sociologists Richard Ericson and Patricia Baranek, individuals charged with
criminal offences are usually well-informed and knowledgeable about court proceedings.
ANS: F
11. Television networks have full access to Canada’s courts.

ANS: F
12. Section 690 of the Criminal Code imposes the standard of beyond reasonable doubt in any
application to the Minister of Justice seeking to acquit an accused who has exhausted all
appellate remedies.
Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

Copyright © 2019 Nelson Education Ltd. 5-1
ANS: F
13. The legal system’s treatment of David Milgaard and Donald Marshall raises the question of
whether our legal system needs a better way to respond fairly and effectively to cases where
allegations of wrongful conviction are proven.
ANS: T
14. There are no juries in Canadian civil trials.

ANS: F
15. The Canadian jury system is modelled after the American one, which allows jurors to
disclose the deliberations of the jury after the trial is completed.
ANS: F
16. In the United States, the outcomes of the two different trials of O.J. Simpson demonstrated
that race may play a role in the jury’s decisions.
ANS: T
17. Most judges in Canada believe that citizens serving on juries should have the authority to
nullify laws that they believe to be unfair.
ANS: F
18. In the case of R v. Jordan, the Supreme Court established a time limit or ceiling beyond
which delay is unreasonable.
ANS: T
19. Tribunals in Canada operate in a more formal and rigid context than the courts.
ANS: F
20. The section of the Criminal Code that directs the court to take into account the special
circumstances related to the sentencing of Indigenous offenders has been struck down because it
is contrary to the equality provisions of the Charter of Rights and Freedoms.
ANS: F
MULTIPLE CHOICE
1. There are three courts in each province presided over by provincial judges, one of which is the
Small Claims Court. What are the other two provincially-appointed courts?
a. Young Offenders Court; Family Court
b. County Court; Provincial Offences Court
c. Criminal Division; Youth and Family Division
d. Provincial Offences Court; Youth and Family Division
ANS: C
2. The Supreme Court of Canada was established in which year?

a. 1867

b. 1930
c. 1949
d. 1982
ANS: C
3. Which statement best describes the Supreme Court of Canada?

a. It is a people’s court, where the accused is able to make a final plea to the judge.
b. It is a judge’s court, where judges are permitted to question the accused directly.
c. It is a lawyer’s court, where lawyers appear without their clients to argue points of law.
d. It is an open court, where any new evidence becomes open for consideration by the court.
ANS: C
4. Which of the following judges are appointed by the provincial government?

a. supreme or superior court judges, federal court judges, and supreme court judges
b. small claims court judges, family court judges, and provincial court criminal judges
c. Supreme Court of Canada judges, provincial appeal court judges, and divisional court judges
d. small claims court judges, superior court judges, and federal appeals court judges
ANS: B
5. According to sociologist Donald Black, how do the courts invoke social control?
a. They make orders that principally avenge and vindicate.
b. They make orders that principally compensate and punish.
c. They make orders that principally compensate and avenge.
d. They make orders that principally vindicate and punish.
ANS: B
6. Canadian judges can impose which of the following sanctions?

a. financial penalties
b. compensation for negligence
c. the fulfillment of contracts
d. all of the above
ANS: D
7. Donald Black, sociologist describes four styles of social control ultimately imposed by the
courts. What are these controls?
a. regulatory, statutory, municipal, or cultural
b. compensation, conciliation, punishment, or treatment
c. criminal, specific, individual, or collective
d. none of the above
ANS: B
8. Which Acts contain a statutory exception to the principle of open access to the courts?
a. Divorce Act
b. Firearms Act
c. Bankruptcy Act
d. Youth Criminal Justice Act

ANS: D
9. What is the only form of media delivery with an absolute right to complete access to the
courts?
a. print
b. radio
c. Internet
d. television
ANS: A
10. Which statement best explains the main argument for formality in court?
a. Lawyers will command higher respect if they wear robes as uniforms.
b. Judges will be more neutral to the cases if the lawyers are dressed uniformly.
c. Formality lends itself to decorum and dignity which will ensure the respect of the citizenry for
the courts themselves.
d. It is important for Canada to maintain the monarchic tradition by adopting uniforms similar to
those worn in Britain.
ANS: C
11. Why are sociologists Richard Ericson and Patricia Baranek critical of the court process?
a. It places the onus on the accused to prove their innocence beyond a reasonable doubt.
b. It places the onus on the accused to hire the most expensive lawyer available to them.
c. It places the onus on the accused to prove their innocence on the balance of probabilities.
d. It places the onus on the accused to tell someone if they do not understand what is happening.
ANS: D
12. In civil cases, the outcome depends upon a balance of probabilities. Which of the following
statements best explains this idea?
a. The plaintiff must establish that his or her claim is more than 50 percent likely to be
legitimate.
b. The respondent must establish that his or her claim is more than 50 percent likely to be
legitimate.
c. The plaintiff must convince at least 60 percent of the jury that he or she is in the right.
d. The respondent must convince at least 60 percent of the jury that he or she is not in the wrong.
ANS: A
13. Which statement best explains why David Milgaard, after being convicted of murder and
losing his appeals, was eventually paid compensation after being released, having spent years in
prison?
a. The real killer confessed to the crime.
b. At a new trial he was found not guilty.
c. The Minister of Justice ordered his release.
d. His DNA did not match that found on the clothing of the victim.
ANS: D
14. Which statement best exemplifies an argument in defence of the jury system?

a. Juries are less likely than judges to be swayed by dramatic lawyers when making their
decisions.
b. Juries are more likely to apply principles of equity and community fairness to the cases they
are hearing.
c. Juries make their decisions on the basis of majority rule therefore bringing democracy to the
litigation process.
d. Juries are not being paid by the State and therefore will be less biased than judges when
making their decisions.
ANS: B
15. Which issue was critical in the court’s decision in R. v. Askov?

a. the length of the delay to trial
b. the dollar amount of the restitution order
c. the threat of armed violence and extortion
d. the application of community standards by the jury
ANS: B
16. Which issue distinguished the minority opinion from the majority opinion in R. v. Jordan?
a. Jordan was a charged with drug offences.
b. Reasonableness of time delay should not be subject to numerical ceilings.
c. Time factors are not relevant to section 11 (b) of the Charter.
d. There were five indictable offences.
ANS: B
17. There are new conflict resolution models now in place in Canada to counter the cost and time
factors of the adversarial system. Which of the following models is used in Canada?
a. mediation model
b. inquisitorial model
c. reflective justice model
d. traditional sentencing model
ANS: A
18. In R. v. Gladue the Supreme Court of Canada held that principles of restorative justice must
be applied. Which statement best explains their reasoning?
a. Aboriginal offenders do not understand the law.
b. There is a need to restore justice and order in Aboriginal communities.
c. Aboriginal offenders rarely commit criminal acts on purpose.
d. There is a need to recognize the impact of systemic discrimination and the different
circumstances of Aboriginal offenders.
ANS: D
19. Increasingly, we are seeing the involvement of community-based groups in the criminal
justice system in order to try to reduce specific types of crime. Which of the following groups
has organized one of the most successful lobby campaigns?
a. Mothers Against Drunk Driving
b. Boy Scouts of Canada

Test Bank for Canadian Law An Introduction 7th by Boyd
c. the Canadian Red Cross

d. off-duty police officers
ANS: A
ESSAY
1. In 1970 a jury convicted David Milgaard of non-capital murder. In 1992, the Supreme Court
of Canada ordered a new trial in his case and he was released. Approximately five years later the
province of Saskatchewan apologized to him for his wrongful conviction and offered him
compensation. What steps did Milgaard and his supporters have to take to gain his release and
ultimate exoneration for the crime for which he was originally charged? What procedures are in
place to try to correct the failures of the court system when it wrongfully convicts someone? Are
there any changes that could be made in the system to prevent the re-occurrence of such cases?
ANS: Answers will vary.
2. Juries are most often used in Canadian criminal trials. What are the strengths and weaknesses
associated with the jury process and how could the system be improved?
3. Contrast the Canadian jury system with the American jury system, taking into account the role
American juries play in the application of the death penalty, deliberation disclosure, and other
unique differences.
4. Discuss the Supreme Court of Canada rulings in R. v. Askov and R. v. Jordan. Which factors
were considered important to the Supreme Court of Canada in each case? Why is the issue of
delay important and what is the impact of the Charter and the concept of reasonableness?
5. What is restorative justice and how is it affecting the Canadian Court System. Provide detailed
examples
6. Discuss the strengths and weaknesses of the two dispute resolution models outlined in this
chapter. Compare these models to the adversarial system presently in place in Canada.
7. Discuss the complicated issues raised in the Gladue decision and in section 718.2(e) of the
Criminal Code around the sentencing of Aboriginal offenders in Canada.
Visit TestBankBell.com to get complete for all chapters

Test Bank For Canadian Law An Introduction 7th by Boyd

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Test Bank For Canadian Law An Introduction 7th by Boyd

Uploaded by

Copyright:

Available Formats

Test Bank for Canadian Law An Introduction 7th by Boyd

Test Bank for Canadian Law An Introduction 7th by

To download the complete and accurate content document, go to:

Visit TestBankBell.com to get complete for all chapters

4. In hybrid offences, the Crown chooses to proceed either summarily or by indictment,

8. The courts in Canada operate in the context of the inquisitorial system.

11. Television networks have full access to Canada’s courts.

Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

14. There are no juries in Canadian civil trials.

2. The Supreme Court of Canada was established in which year?

Copyright © 2019 Nelson Education Ltd. 5-2

3. Which statement best describes the Supreme Court of Canada?

4. Which of the following judges are appointed by the provincial government?

6. Canadian judges can impose which of the following sanctions?

Copyright © 2019 Nelson Education Ltd. 5-3

Copyright © 2019 Nelson Education Ltd. 5-4

15. Which issue was critical in the court’s decision in R. v. Askov?

Copyright © 2019 Nelson Education Ltd. 5-5

Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

c. the Canadian Red Cross

Copyright © 2019 Nelson Education Ltd. 5-6

Visit TestBankBell.com to get complete for all chapters

You might also like