Exam 2: Introduction to the Legal System

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Which of the following is correct with respect to the civil law system?

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"The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement.

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Which of the following will override a particular province's common-law rule as articulated by a trial-court judge of the highest trial level court in the province?

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Substantive law deals with rules that establish a structure for enforcing rights and obligations.

(True/False)
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Where protection against discrimination on the basis of ________ has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.

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Canon law refers to the law created by the Church.

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Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.

(True/False)
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In terms of the development of the common law legal system, which of the following is true?

(Multiple Choice)
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Explain what role precedent plays in the civil code legal system.

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Which of the following is a right or freedom guaranteed in the Charter?

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When we speak of parliamentary supremacy in Canada, which is based on a confederation between federal and provincial governments, which level of government is supreme?

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Discuss any limitations on the application of the Charter of Rights and Freedoms.

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Explain how the rights set up in the Charter of Rights and Freedoms are limited.

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Explain a bona fide occupational requirement in the context of human rights legislation.

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Subordinate legislation includes regulations and municipal bylaws.

(True/False)
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"Canada's Constitution is embodied in the British North America Act." Comment on the accuracy of that statement.

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Indicate what kind of personal freedoms are protected under the Charter.

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Stare decisis can contribute to stagnation.

(True/False)
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How are language rights protected by the Charter of Rights and Freedoms?

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Explain why statutes override the common law.

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