Questions 13-22 are based on the following scenario. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle – 159(2) HTA Can the elements of the offence for speeding (HTA s128), be proven at trial?

Your client brings his friend, Beatrice, to testify at trial. Beatrice was a passenger in the vehicle when your client was pulled over and she wants to support your client’s  not guilty plea. What type of examination will you conduct for Beatrice?

Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank.  This is an intersection controlled by lights which were functioning properly at the time.  This is an intersection in the City of Ottawa.  The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked.  One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank.  Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south.   She made her turn into the most right lane of northbound Greenbank Road; a merge lane.  There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank.  The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank.  Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic.   There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran.  Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages.  Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police.  You have been retained to represent Ms. Lee on this matter.   Ms. Lee was not charged that day but the next day when she got home from work, her 18 year old daughter gave her a Provincial Offence Notice (PON) for the offence of: Fail to yield – Section 135(2) HTA.  The Officer served the notice when Ms. Lee was out.  Is this proper service?

Which of the following is/are major themes in the field of biology?

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Questions 13-22 are based on the following scenario. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle – 159(2) HTA Your client is acquitted of the Section 130 and the Section 159(2) however is convicted of Section 134(3).  What likely happened to the Section 128 charge that you made the motion on?

Questions 13-22 are based on the following scenario. It is a dark and stormy night, any rural road in the Municipality of Ottawa.  It is a two lane highway, single lane in each direction, separated by a white solid line.  The speed limit on this road is 80 km per hour.  A major accumulation of rain has washed out a small bridge on the highway and the police have been dispatched to close the road, to avoid an accident.  Upon arrival at the scene, the officer realizes that the only way to warn approaching drivers is to set up flares leading up to the washed out bridge. The officer sets up 4 flares and puts his vehicle on the side of the road, straddling the highway.  The officer has his lights on and is clearly visible to approaching drivers.  The washed out bridge is about 500 meters past his location.  Not 10 minutes later, a vehicle driven by Young Ladd approaches and does not appear to be slowing down.  The officer visually estimates his speed at 90 km per hour.  The officer, who is out of his car and directing the driver to pull over, does not see any apparent reaction from the driver to the warning and direction.  The officer is concerned the driver is going to pass the police vehicle and end up in the river.  Without any change in speed, Young Ladd passes the stopped police car and almost immediately after passing him, begins to brake hard.  The vehicle loses control and spins out, finally coming to a stop in the ditch on the same side of the road as the police vehicle.  Once the officer determines Young Ladd is not injured, the officer makes the demand for documents (ownership, insurance, drivers licence) and charges Young Ladd with the following offences: Drive on closed highway – Section 134(3) HTA Speeding – Section 128 HTA Careless Driving Section – Section 130 HTA Fail to stop on right for emergency vehicle – 159(2) HTA As defence paralegal, you advise your client to proceed to trial on all charges.  Which charge does the prosecution have the best prospect of conviction for at trial?

Questions 1-12 are based on the following scenario: Ms. Lee was observed to be travelling westbound on Baseline Road approaching the intersection of Greenbank.  This is an intersection controlled by lights which were functioning properly at the time.  This is an intersection in the City of Ottawa.  The north bound lanes of traffic – north of Baseline Road have three lanes which are clearly marked.  One of the lanes is the yield lane for traffic coming from the east driving westbound along Baseline road, it continues around the corner from the intersection and for about 75 meters before it merges with the northbound lane for Greenbank.  Ms. Lee made a right turn into the marked turn lane which is controlled by a yield sign – having determined there were no vehicles approaching from the south.   She made her turn into the most right lane of northbound Greenbank Road; a merge lane.  There is a gas station on the north east side of the same intersection. The gas station has two entrances (one off Baseline) and one off Greenbank.  The entrance/exit off Greenbank is about 30 meters from the intersection of Baseline and Greenbank.  Ms. Lee had travelled about 15 meters when Mr. Curran pulled out of the parking lot for the gas station and a minor collision occurred in the yield lane for northbound traffic.   There were no injuries and damage was estimated at $2,000 for Ms. Lee and approximately $1,000 for Mr. Curran.  Mr. Curran does not want to call police and offers to pay Ms. Lee’s damages.  Both parties exchange information; licence, insurance, registration and Mr. Curran wants to leave. Ms. Lee calls the police.  You have been retained to represent Ms. Lee on this matter. Relying upon the same fact scenario as above…Assume the other driver, Mr. Curran, was served an offence notice for – Fail to Yield from Private Drive under Section 139(1) of the HTA.  What is the prospect of conviction for Mr. Curran’s charge?        

Jamal is requesting a reopening of his Part I conviction.  Jamal has hired a paralegal to represent him on the reopening.  Who should sign the “Affidavit In Support of a Request for Reopening”?.

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