Question 1

In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

Accepted Answer

A) True 
 B)False

Question 2

The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts.

Accepted Answer

A) True 
 B)False

Question 3

What role does the decision made by an Ontario Court of Appeal judge have on a B.C. Supreme Court judge?

Accepted Answer

The decision is merely persuas

Question 4

The type of law that depends on a moral code or morality to define what the law is, is called ________.

Accepted Answer

The answer of The type of law that depends on...

Question 5

In a CBC interview, a noted environmentalist said that if he were forced to choose between the lives of the last breeding pair of whales and those of a boatload of men who were out to kill them, he would sacrifice the men to save the whales. He cited the war-crimes trials after World War II for the principle that immoral laws should be resisted to protect "the higher good." This position exemplifies which of the following?

Accepted Answer

A)  Legal realism 
B)  Legal positivism 
C)  The law of the sea 
D)  Natural law 
E)  The law of equity 
A)  Legal realism 
B)  Legal positivism 
C)  The law of the sea 
D)  Natural law 
E)  The law of equity

Question 6

"The Charter of Rights and Freedoms is separate from, and therefore has no bearing on, other human rights legislation." Discuss the accuracy of this statement.

Accepted Answer

The statement is inaccurate. Because the

Question 7

Sexual harassment is regarded as a form of discrimination on the basis of gender.

Accepted Answer

A) True 
 B)False

Question 8

How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers?

Accepted Answer

Through such schemes, the fede

Question 9

Which of the following is correct with respect to the role of statutes in our legal system?

Accepted Answer

A)  A statute, if it is clear and concise and properly passed, will always override common law and equity. 
B)  In Canada, most new laws follow the Civil Code legal system. 
C)  Where a properly passed provincial statute is in conflict with a well-established common-law principle, the statute will be void. 
D)  Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he disagrees with it. 
E)  Only the federal parliament may enact statutes. 
A)  A statute, if it is clear and concise and properly passed, will always override common law and equity. 
B)  In Canada, most new laws follow the Civil Code legal system. 
C)  Where a properly passed provincial statute is in conflict with a well-established common-law principle, the statute will be void. 
D)  Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he disagrees with it. 
E)  Only the federal parliament may enact statutes.

Question 10

Which of the following is correct with respect to limitations on the Charter?

Accepted Answer

A)  Interference with rights must be justifiable in a free and democratic society. 
B)  It cannot be used by a resident who is not a citizen of Canada. 
C)  It does not protect the rights of aboriginal people. 
D)  It only applies to government employees. 
E)  It only applies to the federal government. 
A)  Interference with rights must be justifiable in a free and democratic society. 
B)  It cannot be used by a resident who is not a citizen of Canada. 
C)  It does not protect the rights of aboriginal people. 
D)  It only applies to government employees. 
E)  It only applies to the federal government.

Question 11

What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms?

Accepted Answer

A "sunset clause" is applied t

Question 12

Explain the relationship between regulations and statutes.

Accepted Answer

Often a statute will empower a particula

Question 13

Regarding the Charter of Rights and Freedoms, which of the following statements is true?

Accepted Answer

A)  Neither the federal nor the provincial governments can change the provisions of the Charter without going through the constitution amending process. 
B)  Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians. 
C)  Any action by a government official violating the provisions of the Charter is not actionable under the Charter. 
D)  The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada. 
E)  The Charter protects fundamental freedoms that apply only to relations between private citizens. 
A)  Neither the federal nor the provincial governments can change the provisions of the Charter without going through the constitution amending process. 
B)  Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians. 
C)  Any action by a government official violating the provisions of the Charter is not actionable under the Charter. 
D)  The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada. 
E)  The Charter protects fundamental freedoms that apply only to relations between private citizens.

Question 14

Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

Accepted Answer

A)  statutes 
B)  human rights tribunals 
C)  constitutional tribunals 
D)  legislation 
E)  language rights tribunals 
A)  statutes 
B)  human rights tribunals 
C)  constitutional tribunals 
D)  legislation 
E)  language rights tribunals

Question 15

Which of the following statements is correct with respect to the sources of our law?

Accepted Answer

A)  Equity is a system of law developed by the provincial legislatures. 
B)  The common law derived aspects of the law of families and estates from the French Civil Code. 
C)  The only province in which a judge is required to follow a comprehensive civil code is Ontario. 
D)  The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system. 
E)  The Courts of Chancery developed the law of contracts. 
A)  Equity is a system of law developed by the provincial legislatures. 
B)  The common law derived aspects of the law of families and estates from the French Civil Code. 
C)  The only province in which a judge is required to follow a comprehensive civil code is Ontario. 
D)  The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system. 
E)  The Courts of Chancery developed the law of contracts.

Question 16

Discuss the constitutional rigidity created by the 1867 division of powers and the means used by the federal and provincial governments to overcome this.

Accepted Answer

Students should describe how the Constit

Question 17

Explain how Section 1 of the Charter of Rights and Freedoms limits the rights and freedoms set out in the Charter.

Accepted Answer

Legislation can be passed inco

Question 18

Common law is also known as judge-made law.

Accepted Answer

A) True 
 B)False

Question 19

In R. v. Keegstra, the Supreme Court of Canada stated that

Accepted Answer

A)  although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms. 
B)  the doctrine of stare decisis no longer applies. 
C)  the decision of a subordinate court must always be followed, regardless of the specific facts of the case. 
D)  decisions of the Supreme Court of Canada ought only be applied in federal cases. 
E)  provincial Court judges have no authority to impose sentences in matters involving freedom of expression. 
A)  although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms. 
B)  the doctrine of stare decisis no longer applies. 
C)  the decision of a subordinate court must always be followed, regardless of the specific facts of the case. 
D)  decisions of the Supreme Court of Canada ought only be applied in federal cases. 
E)  provincial Court judges have no authority to impose sentences in matters involving freedom of expression.

Question 20

Which of the following statements is correct with respect to our constitutional law?

Accepted Answer

A)  Neither the federal nor provincial governments can ignore protections of the Charter of Rights and Freedoms without going through the constitutional amending process. 
B)  The Constitution Act, 1982 was passed only by the English parliament. 
C)  The Constitution Act, 1982 is the supreme law of Canada and can override statutes. 
D)  The Canadian Charter of Rights and Freedoms is part of the BNA Act, 1867. 
E)  The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government. 
A)  Neither the federal nor provincial governments can ignore protections of the Charter of Rights and Freedoms without going through the constitutional amending process. 
B)  The Constitution Act, 1982 was passed only by the English parliament. 
C)  The Constitution Act, 1982 is the supreme law of Canada and can override statutes. 
D)  The Canadian Charter of Rights and Freedoms is part of the BNA Act, 1867. 
E)  The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government.

In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts.

What role does the decision made by an Ontario Court of Appeal judge have on a B.C. Supreme Court judge?

The type of law that depends on a moral code or morality to define what the law is, is called ________.

"The Charter of Rights and Freedoms is separate from, and therefore has no bearing on, other human rights legislation." Discuss the accuracy of this statement.

Sexual harassment is regarded as a form of discrimination on the basis of gender.

How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers?

Which of the following is correct with respect to the role of statutes in our legal system?

Which of the following is correct with respect to limitations on the Charter?

What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms?

Explain the relationship between regulations and statutes.

Regarding the Charter of Rights and Freedoms, which of the following statements is true?

Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

Which of the following statements is correct with respect to the sources of our law?

Discuss the constitutional rigidity created by the 1867 division of powers and the means used by the federal and provincial governments to overcome this.

Explain how Section 1 of the Charter of Rights and Freedoms limits the rights and freedoms set out in the Charter.

Common law is also known as judge-made law.

In R. v. Keegstra, the Supreme Court of Canada stated that

Which of the following statements is correct with respect to our constitutional law?

Managing Your Legal Affairs

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 2: Introduction to the Legal System

In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.

The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts.

What role does the decision made by an Ontario Court of Appeal judge have on a B.C. Supreme Court judge?

The type of law that depends on a moral code or morality to define what the law is, is called ________.

"The Charter of Rights and Freedoms is separate from, and therefore has no bearing on, other human rights legislation." Discuss the accuracy of this statement.

Sexual harassment is regarded as a form of discrimination on the basis of gender.

How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers?

Which of the following is correct with respect to the role of statutes in our legal system?

Which of the following is correct with respect to limitations on the Charter?

What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms?

Explain the relationship between regulations and statutes.

Regarding the Charter of Rights and Freedoms, which of the following statements is true?

Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

Which of the following statements is correct with respect to the sources of our law?

Discuss the constitutional rigidity created by the 1867 division of powers and the means used by the federal and provincial governments to overcome this.

Explain how Section 1 of the Charter of Rights and Freedoms limits the rights and freedoms set out in the Charter.

Common law is also known as judge-made law.

In R. v. Keegstra, the Supreme Court of Canada stated that

Which of the following statements is correct with respect to our constitutional law?

Managing Your Legal Affairs

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters