LAWS 1002 B- Mock Exam1

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Carleton University *

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1002

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Law

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Jan 9, 2024

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Course: LAWS 1002 B Facilitator: Brie Bhasin Mock Exam It is most beneficial to you to write this mock midterm U N DER EXAM CO N DITIO N S . This means: 1. • Complete the midterm in 120 Minutes . 2. • Work on your own and attempt every question. 3. • Keep your notes and textbook closed. 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: Complete the mock exam before attending the take-up session. During the session 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 MOCK EXAM (FOR PRACTICE ONLY)
you most want to review – the Facilitator may ask students to vote on which questions they want to discuss in detail. Facilitators will not distribute an answer key for mock exams . The Facilitator’s role is to help students 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. PASS worksheets are designed as a study aid only for use in PASS workshops. Worksheets may contain errors, intentional or otherwise. It is up to the student to verify the information contained within by attending the PASS workshop. Good Luck writing the Mock Exam!! Take-up Session #1: April 14 th , 11:35-1:25 pm (MacOdrum Library 402) Take-up Session #2: April 15 th , 12:05-1:55 pm (Paterson Hall 111) Office Hour: April 16th th , 11:05-11:55 am (Southam Hall 308) Contact Information: Briebhasin@cmail.carleton.ca 1. Which of the following does Legal-Rational Authority NOT indicate: a) Authority is invested in a set of rules and rule-bound institutions b) Creating and changing the rules are outside of the direct control of those who administer them
c) Authority derived from long-standing customs, beliefs, or traditions d) The power of individuals influences the process 2. What are the two resolution options on the spectrum a) Informal and Formal b) Mediation and Negotiation c) Formal and Objective d) Substantive and Private 3. Which of the following is NOT one of the 3 essential characteristics of Canadian courts? a) Adversarial b) Distanced c) Accessible d) Formality 4. Approximately how many criminal offences are “plead out” before trial? a) 15% b) 95% c) 53% d) 35% 5. Which of the following does NOT depict private settlement to public policy? a) Establish Norms b) Ratification c) Administrative Bureaucrats d) End cases 6. Which of the following is NOT a hurdle to seeking court dispute resolution as per Vago and Nelson? a) Justiciability Authority of who is administrating them Informal: negation Formal: - abritration -> one from Kritis but not part of the 3 essential characteristics if the cases were not pledout the system would be too backlogged. ** -> can the courts provide a remedy
b) Adjudication c) Standing d) Principe of de minimis non curat lex 7. What does “ubi jus ibi remedium” mean? a) The law does not deal with matters considered trivial b) Like cases be decided alike c) Justice delayed is justice denied d) No law without a remedy 8. Which best describes the principle of de minimis non curat lex? a) Trifles b) Issue of personal damages c) Defining legal relations d) Framework for private individual ordering 9. Which of the following best describes an adversarial court structure? a) Determines between at least two competing truths, judges appointed from lawyers, best outcome emerges through competition, and aims to determine the independent truth of the case. b) Judges play a passive role, often a panel of judges, determining between at least two competing truths, and the trial process. c) Judges passive, determines between at least two competing truths, best outcome emerges through competition, and trial. d) Judges are active, professional judges, trial process, the best outcome emerges through competition. 10. Which of the following are the two main principles of the -> issue of personal case provided section 24 -> Not taking small crimes in court -> crimes of little imporantace - this imply inquist implys inquistorial
Adversarial System? a) Party-autonomy and Party-Prosecution b) Informal and Formal c) Subjective and Objective d) Onus on Crown and Onus on Party 11. Which of the following is NOT a reason for more legitimacy? a) In line with liberal political and economic ideology b) Cathartic Effect c) Appearance of impartiality d) Justiciability 12. Which of the following best summarizes Frank’s Fight theory vs Truth Theory? a) Objective measures can never yield the truth b) Courts only facilitate legal fights c) Inquisitorial systems always treat justice like a fight, rather than allowing the truth to prevail d) The law needs to outweigh the factual evidence of a case 13. Frank says we must acknowledge that frequently we are: a) Overlooking what true justice means b) Selling justice c) Treating conflict as property d) Allowing the institution to dominate us 14. Which of the following is NOT one of the four themes mentioned as an alternative to the inquisitorial system? As per Kent Roach. a) Greater role for judges b) Law Appeals c) Innocence Commissions -> indivial's responsibity to bring it up. * -> self intersted -> conflict within the system. Values. -> neutral and unbaised. A -> More of a fight than truth in - live in a system where we buy and sell conflict >Fact appeal rather than law appeal.
d) Innocence Procedures 15. Which of the following is NOT one of the underlying issues exasperated by the adversarial system? a) Alienation b) Responsibilitization c) Outcomes d) Criminalization 16. What does the acronym C.A.S.E stand for? a) Cost, accessibility, speed, and efficiency b) Crime, access, systems, efficiency c) Crown, Adversarial, Systemic, Efficiency d) Crown Culture, Adversarial, State-sponsored, Evidence 17. Which of the following is NOT one of the 3 Broad Critical Perspectives on ADR? a) Liberal Critique b) Conflict Perspective c) Critical Legal Perspective d) Feminist Perspective 18. Who looks at the concept of Harmony Ideology? a) Nader b) Fiss c) Frank d) Black 19. Which of the following is NOT one of the core elements of restorative justice? a) Penalty Phase b) Accountability of offenders c) Not limited by expertise and is informal practice d) Offenders need to recover (return to status quo) * -> Adversarial -> we have responsibilities place but hot regulated in the adversarial system * A - intolerance from conflict - A shift from confrontation to colaboration -victims need to recover (return to status quol
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