Exam 24: The judiciary
Explain the principle of judicial independence.How does this relate to the removal of judges?
Judges are expected to abide by the principle of judicial independence or impartiality once they are on the bench.They are supposed to adjudicate without fear or favour with respect to private or political interests, and especially without any incentive to give preference to the government side where it is involved.The independence of judges is primarily based on security of tenure, and it is difficult for the government to remove them before their scheduled date of retirement.The general rule for all federally appointed judges and most provincial court judges is that they serve on "good behaviour"-that is, they do not serve at the pleasure of the government and cannot be removed unless they have been guilty of misbehaviour.While the meaning of these terms has never been definitively established, judges are certainly removable for serious criminal acts and possibly for reasons of infirmity or incapacity, failure to execute their duties, or bringing the judicial system into disrepute.On the other hand, they cannot be removed merely because the government regards their decisions as erroneous or contrary to government policy, nor because they ruled against the Crown.
What term describes the principle that precedents are binding on successive decisions?
C
Which of the following is NOT considered an aspect of adjudication?
A
Federal court of Canada judges have a mandatory retirement age of 75 years.
Canadian and provincial legal systems, with the exception of Quebec, operate in the tradition of the English civil law.
Ontario is the only province that requires legislation in order to remove a provincial court judge.
Who is the most recently appointed Chief Justice of the Supreme Court of Canada?
How many cases per day does the Supreme Court of Canada usually hear when it is in session?
What term describes the power of the courts to declare laws invalid?
In 2011, which type of law had the most appeals on the Supreme Court of Canada's docket?
Until 1949, all decisions made by the Supreme Court of Canada could be appealed to the Judicial Committee of the Privy Council.
The principal legal basis of the Supreme Court of Canada is the Supreme Court Act.
The basic function of an appeal court is to correct errors in the interpretation of the law.
What are some of the main similarities and differences between civil and criminal law?
Out of the nine Supreme Court justices, how many must originate from Quebec?
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