Question 1

Why might the politicized nature of judicial activism be as controversial in the United States as it is in Canada?

Accepted Answer

A)  The United States has always had a politicized judiciary. 
B)  The selection of judges is more democratic in the United States than it is in Canada. 
C)  Canadians do not have the same respect for the courts as Americans do. 
D)  Judicial power is less centralized in the United States so the consequences of judicial activism are less severe. 
A)  The United States has always had a politicized judiciary. 
B)  The selection of judges is more democratic in the United States than it is in Canada. 
C)  Canadians do not have the same respect for the courts as Americans do. 
D)  Judicial power is less centralized in the United States so the consequences of judicial activism are less severe.

Question 2

Explain with specific examples the following statement: "Canadian courts are strictly neutral in partisan politics,but they still play an important role in the political process.Their decisions about cases sometimes have the same effect as legislative outputs from Parliament,or policy outputs from the executive or bureaucracy,or even amendments to the Constitution."

Accepted Answer

Canadian courts are indeed strictly neut

Question 3

The notwithstanding clause of the Canadian constitution allows for judges to make decisions notwithstanding their impartiality.

Accepted Answer

A) True 
 B)False

Question 4

Following the logic of Morton and Knopff's argument,which situation would they be MOST critical of?

Accepted Answer

A)  the expanded use of the notwithstanding clause 
B)  strategic litigation as way for interest groups to get around unsympathetic policy-makers 
C)  more transparent appointment process for Supreme Court judges 
D)  amendments that scale back constitutional rights 
A)  the expanded use of the notwithstanding clause 
B)  strategic litigation as way for interest groups to get around unsympathetic policy-makers 
C)  more transparent appointment process for Supreme Court judges 
D)  amendments that scale back constitutional rights

Question 5

Which of the following powers is NOT effectively checked by the power of the judiciary?

Accepted Answer

A)  The will of the majority. 
B)  The government's power to create legislation and policies 
C)  The enforcement of the law 
D)  The Prime Minister's power of appointment 
A)  The will of the majority. 
B)  The government's power to create legislation and policies 
C)  The enforcement of the law 
D)  The Prime Minister's power of appointment

Question 6

Which of the following would NOT be considered a normal role of the courts in the political process?

Accepted Answer

A)  legislation 
B)  statutory construction 
C)  constitutional interpretation 
D)  ultra vires 
A)  legislation 
B)  statutory construction 
C)  constitutional interpretation 
D)  ultra vires

Question 7

The Canadian Charter of Rights and Freedoms was enacted in 1867 with the passage of the British North America Act.

Accepted Answer

A) True 
 B)False

Question 8

The Supreme Court of Canada is made up of nine justices,of whom three must be from Quebec and two must be from Ontario.

Accepted Answer

A) True 
 B)False

Question 9

Under section 33 of the Canadian Charter of Rights and Freedoms-the so-called equality rights section-every individual is equal before and under the law and has equal protection and equal benefit of the law without discrimination.

Accepted Answer

A) True 
 B)False

Question 10

Which statement best reflects the view of Alan Cairns on the Canadian Charter of Rights and Freedoms?

Accepted Answer

A)  It is mired in political struggles and judicial activism. 
B)  It is fixated on the rights of special interest groups. 
C)  It is a consciousness-raising instrument. 
D)  It is less political than it was before. 
A)  It is mired in political struggles and judicial activism. 
B)  It is fixated on the rights of special interest groups. 
C)  It is a consciousness-raising instrument. 
D)  It is less political than it was before.

Question 11

The notwithstanding clause of the Canadian constitution is a kind of legislative review of judicial review.

Accepted Answer

A) True 
 B)False

Question 12

Under section 15(1)of the Canadian Charter of Rights and Freedoms-the so-called equality rights section-every individual is equal before and under the law and is protected from discrimination.

Accepted Answer

A) True 
 B)False

Question 13

What section of the Canadian Charter of Rights and Freedoms entrenches equality rights?

Accepted Answer

A)  2 
B)  10 
C)  15 
D)  27 
A)  2 
B)  10 
C)  15 
D)  27

Question 14

Which principles does the Canadian judicial system reflect?

Accepted Answer

A)  It reflects the principles of the British unitary system. 
B)  It reflects the principles of the American federal system. 
C)  It reflects the principles of devolution. 
D)  It falls between the British and American systems. 
A)  It reflects the principles of the British unitary system. 
B)  It reflects the principles of the American federal system. 
C)  It reflects the principles of devolution. 
D)  It falls between the British and American systems.

Question 15

Describe what impact the Canadian Charter of Rights and Freedoms has had on both the judicial system and the political process.In your answer,discuss the views of Alan Cairns,Michael Ignatieff,Ted Morton,Peter Hogg,and Allison Thornton.

Accepted Answer

The Canadian Charter of Rights and Freed

Question 16

Ultra vires is a type of pathology susceptible only to lawyers and judges.

Accepted Answer

A) True 
 B)False

Question 17

In its celebrated Persons case of 1929,the Judicial Committee of the Privy Council held that women were "qualified persons" to be appointed to the Senate.

Accepted Answer

A) True 
 B)False

Question 18

Quebec has three Justices on the Supreme Court.What is the reason for this?

Accepted Answer

A)  Canada's bilingualism programs 
B)  a desire to appease Quebec in light of the secessionist movement 
C)  Quebec's distinct private law tradition, as reflected in its code civil 
D)  Quebec's distinct system of criminal law 
A)  Canada's bilingualism programs 
B)  a desire to appease Quebec in light of the secessionist movement 
C)  Quebec's distinct private law tradition, as reflected in its code civil 
D)  Quebec's distinct system of criminal law

Question 19

How can we determine whether equality before the law is realized in practice in a liberal democracy?

Accepted Answer

There are several ways to determine whet

Exam 29: The Judiciary

Why might the politicized nature of judicial activism be as controversial in the United States as it is in Canada?

The notwithstanding clause of the Canadian constitution allows for judges to make decisions notwithstanding their impartiality.

Following the logic of Morton and Knopff's argument,which situation would they be MOST critical of?

Which of the following powers is NOT effectively checked by the power of the judiciary?

Which of the following would NOT be considered a normal role of the courts in the political process?

The Canadian Charter of Rights and Freedoms was enacted in 1867 with the passage of the British North America Act.

The Supreme Court of Canada is made up of nine justices,of whom three must be from Quebec and two must be from Ontario.

Under section 33 of the Canadian Charter of Rights and Freedoms-the so-called equality rights section-every individual is equal before and under the law and has equal protection and equal benefit of the law without discrimination.

Which statement best reflects the view of Alan Cairns on the Canadian Charter of Rights and Freedoms?

The notwithstanding clause of the Canadian constitution is a kind of legislative review of judicial review.

Under section 15(1)of the Canadian Charter of Rights and Freedoms-the so-called equality rights section-every individual is equal before and under the law and is protected from discrimination.

What section of the Canadian Charter of Rights and Freedoms entrenches equality rights?

Which principles does the Canadian judicial system reflect?

Describe what impact the Canadian Charter of Rights and Freedoms has had on both the judicial system and the political process.In your answer,discuss the views of Alan Cairns,Michael Ignatieff,Ted Morton,Peter Hogg,and Allison Thornton.

Ultra vires is a type of pathology susceptible only to lawyers and judges.

In its celebrated Persons case of 1929,the Judicial Committee of the Privy Council held that women were "qualified persons" to be appointed to the Senate.

Quebec has three Justices on the Supreme Court.What is the reason for this?

How can we determine whether equality before the law is realized in practice in a liberal democracy?

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