Column 1: Chapter Number, a Numeral

Use this template to create your multiple choice quizzes. Please ensure all chapters are included in this single file.

Column Instructions

Ch – This column indicates which chapter the corresponding question falls under. Chapters should not be separated into multiple tables within the word document, nor should they be separated into individual word documents.

Essay Question – This column is where the question is stated. Please avoid numbering the questions. The questions will automatically be numbered based on the order in which they appear.

Size – The size is not a necessary component of the essay question template. The size must be a single digit number from 1-9. 1 representing a 10 line textbox and 9 representing a 90 line text box etc. The size column represents the visible size of the text box that appears for the student to type the answer into, however despite the visible size of the textbox there is no limit to the amount of characters a student can type into the text box. For example a student is able to type a 50 line answer into a 30 line text box and will be able to scroll through the textbox to review and edit the answer. The default setting is 3 or 30 lines which is the standard for most sites.

Suggested Answer – The suggested answer or feedback provides the student with some coaching information and answers to use as a comparison after the student has completed the quiz. Additional feedback and page references to the textbook can be very useful. Avoid common comments like "Good Job".

Additional Notes

Additional rows can easily be added to the table below by using the tab key and tabbing from the last column of the last row in the table.

Do not use HTML in any part of the table. Use Word's formatting for bold, italics, underline, etc. Avoid using tabbed spacing wherever possible.

Ch / Essay question / Size / Suggested answer
1 / Name and discuss in detail the TWO main functions of the Canadian Constitution / 3 / The Constitution sets out the powers of the provincial and federal governments. The federal government has the right to pass laws concerning criminal law, navigation and shipping, radio and television communication, nuclear energy, banks and bankruptcy and law making authority over all matters not expressly given to the provinces. The provinces have jurisdiction over such matters as property, civil rights, local matters and the right to levy indirect taxes on natural resources. The constitution also contains the Charter of Rights and Freedoms which sets out the fundamental rights and freedoms of all Canadians Pages 6 & 7
1 / Describe how a provincial legislature or the federal government could pass a law contrary to the Charter of Rights and Freedoms. What, if any, are the limitations placed on such a law? / 3 / Section 33 of the constitution, the “Notwithstanding” clause would have to be used by the provincial legislature or the federal government. Note this section can be used to eliminate the protections provided in some sections of the Charter only. Any law passed pursuant to Section 33 has a sunset clause which makes it expire after 5 years, after which time it can be renewed. by the government in question,. Page 7
2 / In the law of negligence and the law of intentional torts describe what is and what is not the reasonable person according to the Ontario Court of Appeal. / 3 / In Arland and Arland v Taylor [1955] 3 D.L.R. 358 the Ontario Court of Appeal defined the reasonable person as
1 Not an extraordinary person; 2 not superhuman; 3 does not exhibit the highest skill attainable; 4 is not a genius and 5 does not possess unusual powers or insight; instead the reasonable person should be 1 a person of normal; intelligence; 2 careful or cautious in their conduct and 3 does everything a careful person would do in the conduct of their business. Page 41
2 / As you exit a shopping mall you accidentally run into another person and knock her down. As she leaps to her feet you begin to exchange words that escalate and you find yourself in physical struggle with the other person. After receiving several blows from her you retaliate by striking her on the head with your umbrella, knocking her unconscious and producing a large gash on her head. Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them. / 3 / Assault (the threat of touching without consent) and Battery (actual touching without consent) are both actionable torts. The woman may claim both since a battery occurred when she was knocked over, and then an assault and further battery occurred in an exchange of blows. Both parties will claim battery has occurred as a result of the struggle and both will rely on the defences of provocation and self-defence to lessen their liability. To succeed the acts of self-defence must be proven to be only forceful enough to prevent further physical harm and not to inflict serious harm to the assailant. In this case inflicting a gash is probably excessive force. Page 33 and 34
3 / List the elements of a valid contract / A number of requirements have to be met before the courts will enforce a contract. These requirements are called the elements of a contract and are 1 An intention to create a legal relationship; 2 Offer; 3 Acceptance; 4 Consideration; 5 Capacity to contract; 6 Legality. Page 64
3 / Daily internet contracts in the millions have put a strain on the law of contract. Is clicking on “yes” on the computer monitor creating a binding contract in Canada? / While there are very few decided cases concerning electronic contract formation, the Superior Court in Ontario did review the process in a case in point (Rudder v Microsoft Corp (1999), 47 CCLT (2d) 168) and the judge concluded that scrolling through the terms of the offer on the screen was similar to turning the pages of a written contract, and the clicking of the box “I agree” was the equivalent of a written acceptance of the terms of the offer. Page 68