THIS IS ONLY A SAMPLE OF A PAST QUIZ
MGT 3010A Quiz February 8, 2007. 10% of course grade
Total marks 30. Marks per question in brackets. Duration 45 minutes
NO NOTES, DICTIONARIES OR OTHER REFERENCES PERMITTED
NO CONFERRING WITH OR COPYING FROM OTHER STUDENTS
READ QUESTIONS CAREFULLY. WRITE ONLY IN EXAM BOOKLET
1. Outline briefly the relationships between “Equity” and:
(a) the Court of Chancery; and
(b) the Common Law
(2 marks)
2. Specify THREE (3) areas of federal jurisdiction and THREE (3) areas of provincial
jurisdiction contained in the Constitution of Canada. (3 marks)
3. Explain how a Parliamentary bill becomes law in Canada. (3 marks)
4. The Charter of Rights and Freedoms (the Charter) declares that the Charter is the
supreme law of Canada.
(a) Give a case example of the Charter overriding other “law” in Canada. In your
answer, identify the particular Charter right or freedom that made the “law”
unenforceable. (3 marks)
(b) Give an example of the application of section 1 of the Charter as justifying
the infringement of a Charter right. What factors do the courts consider when
deciding whether s. 1 permits legislation to override the Charter? . (4 marks)
(c) What is the “notwithstanding clause” (s. 33) of the Charter? Specify three
Charter rights that are not affected by the “notwithstanding clause. (3 marks)
5. Explain briefly the main difference between (a) negotiation; (b) mediation; and
(c) arbitration as elements of the settlement of disputes in law.
(3 marks)
6. Explain briefly what is meant by the liberal interpretation of legislation by judges.
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Give an example (real or imagined) that illustrates liberal interpretation of
Legislation (3 marks)
7. Explain briefly the principle and process of stare decisis. Identify one advantage and
one disadvantage of stare decisis as applied by the courts in the past. What do judges
do when they distinguish a case from a prior case? (3 marks)
8. What is meant by the duty to accommodate an employee where the employee alleges
discrimination by the employer on grounds of her religion?
(3 marks)
9. Bonus question Optional 2 MARKS.
What are the main differences between the “positivist” perspective of law and
the natural law perspective of law?
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