Free Barrister Trial Exam - Bar Exam Wizard

Question 1 of 10

1. A parent seeks an urgent motion for temporary custody without notice to the other parent. Which factor is most important?

A. Financial disparity between the parties

B. Best interests of the child and urgency

C. Equal parenting presumptions

D. Length of the marriage

Question 1 of 10

Question 2 of 10

2. A defendant wishes to bring a motion for summary judgment. Which statement is true?

A. Summary judgment is only available with consent of both parties

B. It can only be brought after discoveries are complete

C. The court may weigh evidence and assess credibility

D. Oral evidence is never permitted

Question 2 of 10

Question 3 of 10

3. A government decision is challenged for breach of procedural fairness. Which factor is least relevant to determining the content of the duty of fairness?

A. Importance of the decision to the individual

B. Nature of the decision

C. Personal views of the decision-maker

D. Statutory scheme

Question 3 of 10

Question 4 of 10

4. Police stop a vehicle for speeding. While speaking to the driver, the officer smells alcohol and observes slurred speech. The officer demands a breath sample at the roadside. Which statement is most accurate?

A. The demand is unlawful without a warrant

B. The demand requires reasonable and probable grounds

C. The demand is only lawful after arrest

D. The demand is lawful based on reasonable suspicion

Question 4 of 10

Question 5 of 10

5. An accused is charged with an indictable offence and elects trial by judge alone in the Superior Court of Justice. Which statement is correct?

A. The accused loses the right to a preliminary inquiry

B. The Crown must consent to judge-alone election

C. A jury trial is mandatory for indictable offences

D. The accused may re-elect as of right at any time

Question 5 of 10

Question 6 of 10

6. A plaintiff commences an action in the Superior Court of Justice for breach of contract. The defendant is served personally but fails to deliver a statement of defence within the prescribed time. The plaintiff wishes to note the defendant in default. Which of the following is correct?

A. The defendant is automatically noted in default by operation of law

B. The plaintiff must first bring a motion for default judgment

C. The plaintiff must file proof of service and a request to the clerk before the defendant is noted in default

D. The plaintiff may note the defendant in default immediately upon expiry of the defence period

Question 6 of 10

Question 7 of 10

7. Two married spouses separate after 15 years. One spouse remained home to care for the children while the other built a successful business. The spouses disagree on equalization. Which statement is correct?

A. Equalization is discretionary and may be denied entirely

B. Property is divided based on need and contribution

C. Business assets are excluded from net family property

D. Net family property is equalized unless an exception applies

Question 7 of 10

Question 8 of 10

8. A tribunal makes a decision within its jurisdiction but fails to give adequate reasons. The affected party seeks judicial review. What is the most likely standard of review?

A. Correctness

B. De novo

C. Reasonableness

D. Patent unreasonableness

Question 8 of 10

Question 9 of 10

9. A lawyer represents a client in a civil matter. The client insists on pursuing a claim the lawyer believes has no reasonable chance of success and is intended solely to harass the opposing party. What is the lawyer’s best course of action?

A. Proceed but avoid making aggressive submissions

B. Advise the client that the lawyer cannot assist and withdraw if necessary

C. Withdraw only if the client refuses to pay further fees

D. Proceed with the claim if the client gives written instructions

Question 9 of 10

Question 10 of 10

10. A lawyer receives confidential information from a prospective client during an initial consultation but does not accept the retainer. Later, the opposing party seeks to retain the lawyer. What is the lawyer’s obligation?

A. The lawyer may act if no retainer was formed

B. The lawyer may act if the information is publicly available

C. The lawyer may act with consent of the opposing party

D. The lawyer must protect the prospective client’s confidential information

Question 10 of 10