Exam 24: The Judiciary

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Who is the most recently appointed Chief Justice of the Supreme Court of Canada?

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What is the function of the judiciary?

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The function of the judiciary is to render formal, impartial, authoritative judgments in the case of legal disputes between two parties that cannot be settled otherwise. It is a process that generally relies on the adversarial system, with lawyers representing each side. The judiciary also has certain non-adjudicative functions. Because of their prestige and impartiality, for example, judges have frequently been appointed to head royal commissions or other commissions of inquiry. The nature of many such commissions has unfortunately been more political than judicial, and observers often feel that this is an inappropriate use of judicial personnel, especially given increasing backlogs in their regular adjudicative work. Moreover, judicial decisions guide policymaking. While judges theoretically settle disputes according to pre-existing law, they actually shape and develop the law in the very process of settling disputes about it.

The basic function of an appeal court is to correct errors in the interpretation of the law.

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Which of the following is NOT considered an aspect of adjudication?

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Explain the principle of judicial independence. How does this relate to the removal of judges?

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Canadian and provincial legal systems, with the exception of Quebec, operate in the tradition of the English civil law.

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Most aspects of criminal law in Canada are within provincial jurisdiction.

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Reference cases are cases referred to the Supreme Court of Canada by provincial courts.

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What term describes the principle that precedents are binding on successive decisions?

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The principal legal basis of the Supreme Court of Canada is the Supreme Court Act.

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Until 1949, all decisions made by the Supreme Court of Canada could be appealed to the Judicial Committee of the Privy Council.

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How many cases per day does the Supreme Court of Canada usually hear when it is in session?

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What is handled by the Federal Court of Canada?

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What term describes the power of the courts to declare laws invalid?

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Federal court of Canada judges have a mandatory retirement age of 75 years.

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Out of the nine Supreme Court justices, how many must originate from Quebec?

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What are some of the issues and challenges that come with appointing judges?

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The federal Cabinet appoints provincial superior court judges.

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Private law is essentially the same as civil law.

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Which of the following is NOT considered public law?

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