FlexiQuiz - Affordable Bar Prep Preview Quiz

1. Which one of the following is a finding from the Supreme Court of Canada decision in R v. Kokopenance?

If the state deliberately excludes a particular subset of the population that is eligible for jury service it will violate an accused’s Charter rights, regardless of the size of the group affected

A jury roll that inadequately ensures representative inclusion of Indigenous on-reserve residents will violate an accused’s Charter rights

What is required of a jury system is that its ultimate composition be one that is fair

There is a right to a jury roll of a particular composition when dealing with historically marginalized groups

2. Zehan is a student attending law school. Zehan is also a sole proprietor of an environmentally friendly dry cleaning business, “Z’s Dry Cleaning”. Zehan usually leaves one staff member in charge of the store while he attends classes. Z’s Dry Cleaning commits a tort against Sabrina, and she would like to sue Z’s Dry Cleaning and/or Zehan. How does Sabrina best serve Z’s Dry Cleaning and/or Zehan?

Personally, by leaving a copy of the document at Zehan’s last known residential address

Personally, by sending a copy of the document by registered mail to Zehan’s home

Personally, by leaving a copy of the document with the staff member at Z’s Dry Cleaning since they appear to be in charge

Personally, by leaving a copy of the document on the front door of Z’s Dry Cleaning

3. Ross and Rachel are a married couple that have been fighting a lot because Ross is insecure and cannot stand when Rachel talks to other men. Rachel has had enough and decides she would like to divorce Ross. Which of the following courts has jurisdiction to hear the initial divorce proceedings?

The Ontario Family Court of Justice

The Ontario Court of Justice

The Superior Court of Justice

The Superior Court of Justice – Divisional Court

4. Kevin is accused of breaking Western University’s student code of conduct. Kevin will be called before the administrative tribunal of the university and if found guilty, Kevin may be expelled from the university. Before an administrative decision can be rendered which one of the following is the most correct?

Kevin has the right to know the case to meet and the right to make submissions to the decision maker

Kevin has the right to make submissions

Kevin has the right to know the case to meet and the right to face his accusers

Kevin has the right to know the case to meet, including receiving adequate notice

5. Jeffery is a lawyer practicing in Ontario. Jeffery regularly advertises that he will do incorporations for $99.99 in order to attract clients. Once the client has agreed to use Jeffery for the incorporation, Jeffery informs them that in addition to the incorporation they will also need to have by-laws, share certificates issued and director’s resolutions drafted. Jeffery charges $3,000 for these services. Jeffery’s actions are an example of a marketing practice that contravenes the Rules of Professional Conduct, because?

Jeffery has failed to clearly and prominently disclose a practice that he has of referring clients for a fee to other licensees

Jeffery has marketed services that he is not currently able to perform to the standard of a competent lawyer

Jeffery has engaged in “bait and switch” marketing

Jeffery has made the client raise their expectations

6. Yazdi owns a profitable dry cleaning business in Oakville, Ontario as a sole-proprietor. Cyrus also owns a profitable dry cleaning business located in Mississauga, Ontario. Yazdi is getting older and wants to take a less active role in the business. He suggests to Cyrus that the two of them form a limited partnership. He suggests that Cyrus should be the general partner since Cyrus is a better manager than him. Cyrus comes to you for advice about Yazdi’s proposition. What is the most important thing Cyrus should know?

As a general partner Cyrus will be exposed to potentially infinite liability

As a limited partnership both Cyrus and Yazdi can enjoy the ‘flow through’ tax benefits of a partnership

As a general partner Cyrus will be responsible for overseeing the operations and making decisions for the partnership

As a limited partnership both Cyrus and Yazdi will enjoy limited liability

7. Gurinder owns a private corporation but would like to fund his corporation by selling shares. Which one of the following people would not be able to invest in Gurinder’s corporation?

Zehan and his wife who have earned a combined annual income of $350,000 since 2018

Cyrus and his wife Shirin who are only willing to invest $200,000 in the corporation

Dinshaw, who is Gurinder’s wife’s brother

Amy, who owns a home worth $3.5 million

8. Sherry, a real estate agent, tells you that it all condominium parking spots and lockers are “assigned for life” and that no unit owner can really own a condominium parking spot. Which one of the following best describes Sherry’s claim?

It is false, parking spaces and lockers in a condominium’s declaration and description can be classified in one of four different ways

It is true, even if a parking space is listed as part of the dwelling or other main unit being purchased, it is still the condominium board that assigns the parking spot

It is false, parking spaces and lockers in a condominium’s declaration and description can only be owned as a separate identifiable and transferable unit

It is true, parking spaces and lockers in a condominium’s declaration and description can only be listed as part of the general common elements of the condominium

9. Vivek transfers $50,000 to his twelve year old daughter to teach her about investing. Vivek invests the $50,000 on his daughter’s behalf in an index fund. The fund pays a distribution of 1.5% per year. After 5 years the fund is now worth $75,000. Vivek sells the fund. What are the tax consequences of the sale to Vivek?

The attribution rules will attribute both the 1.5% distribution and capital gain of $25,000 back to Vivek

The attribution rules will attribute the 1.5% distribution back to Vivek, but not the $25,000 capital gain

The attribution rules will attribute neither the capital gains nor the distribution back to Vivek because his daughter is a minor

The attribution rules will attribute the $25,000 capital gain to Vivek, but not the 1.5% distribution

10. Gary is a lawyer who regularly engages in work involving the purchase and sale of securities and business assets. Larry is a prospective client who comes to Gary and states that he would like him to act on the purchase and sale of a business. Larry offers to pay Gary a $15,000 retainer, in cash. Which one of the following is the correct course of conduct for Gary?

Gary should inform Larry that he can only accept a $7,500 retainer in cash and that the remaining $7,500 must be provided by some other method

Gary should deposit the $15,000 cash into the trust account immediately

Gary should deposit the $15,000 cash into the general account immediately

Gary should refuse to accept a cash retainer and inform Larry that the money for the retainer must be provided by some other method