Question 1

The theory of law that defined law in terms of what the courts actually do is called ________.

Accepted Answer

The answer of The theory of law that defined law...

Question 2

"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.
ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Accepted Answer

The statement is inaccurate. Because the

Question 3

Which of the following is correct with respect to the characteristics of stare decisis in the common law?

Accepted Answer

A)  It is based on trial by battle and trial by ordeal. 
B)  It allows decisions of the courts to be predictable by the parties. 
C)  Our statutes play the same role as the code used in the French system. 
D)  It prevents a higher court from overruling a lower one. 
E)  This term refers to the role played by the law of equity in our system. 
A)  It is based on trial by battle and trial by ordeal. 
B)  It allows decisions of the courts to be predictable by the parties. 
C)  Our statutes play the same role as the code used in the French system. 
D)  It prevents a higher court from overruling a lower one. 
E)  This term refers to the role played by the law of equity in our system.

Question 4

What gives judges flexibility in deciding whether or not to apply a particular precedent?

Accepted Answer

While a judge cannot stray very far from

Question 5

Which of the following is the most usable definition of law?

Accepted Answer

A)  It is most useful to us to define law in terms of what we think people ought to do. 
B)  We must define law in terms of what society needs people to do. 
C)  We must define law in terms of what people used to do. 
D)  It is most useful to us to define law in terms of what people do. 
E)  We must define law in terms of what the courts will enforce. 
A)  It is most useful to us to define law in terms of what we think people ought to do. 
B)  We must define law in terms of what society needs people to do. 
C)  We must define law in terms of what people used to do. 
D)  It is most useful to us to define law in terms of what people do. 
E)  We must define law in terms of what the courts will enforce.

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is correct with respect to the Charter of Rights and Freedoms?

Accepted Answer

A)  The federal or provincial legislature cannot override a person's right to free speech. 
B)  The parliament or provincial legislature cannot override a section of the Charter. 
C)  The effect of the notwithstanding clause is to shift the power back to the judges. 
D)  The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion. 
E)  Section 33 (the notwithstanding clause) only applies to all specified provisions of the Charter. 
A)  The federal or provincial legislature cannot override a person's right to free speech. 
B)  The parliament or provincial legislature cannot override a section of the Charter. 
C)  The effect of the notwithstanding clause is to shift the power back to the judges. 
D)  The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion. 
E)  Section 33 (the notwithstanding clause) only applies to all specified provisions of the Charter.

Question 8

Which province in Canada continues to use a civil code system?

Accepted Answer

The answer of Which province in Canada continues to use...

Question 9

Which of the following is true regarding human rights?

Accepted Answer

A)  Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies. 
B)  Human rights protection applies to all areas, without restriction. 
C)  There is still no legislative protection against sexual harassment. 
D)  All remaining legal issues concerning human rights protection of same-sex relationships have been resolved. 
E)  Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations. 
A)  Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies. 
B)  Human rights protection applies to all areas, without restriction. 
C)  There is still no legislative protection against sexual harassment. 
D)  All remaining legal issues concerning human rights protection of same-sex relationships have been resolved. 
E)  Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations.

Question 10

What kind of rights are protected under the heading of mobility rights in the Charter?

Accepted Answer

The rights of Canadians to tra

Question 11

Explain the role the British North America Act played in Canada's constitutional history.

Accepted Answer

Students should describe the nature of C

Question 12

Which among the following was not a purpose of the Constitution Act (1982)?

Accepted Answer

A)  To list government enactments having constitutional status 
B)  To place some limitations on the supremacy of parliament 
C)  To guarantee individual rights 
D)  To redefine the role of the queen and her representative, the Governor General 
E)  To protect individuals against acts of governments or their agencies that infringe on their rights 
A)  To list government enactments having constitutional status 
B)  To place some limitations on the supremacy of parliament 
C)  To guarantee individual rights 
D)  To redefine the role of the queen and her representative, the Governor General 
E)  To protect individuals against acts of governments or their agencies that infringe on their rights

Question 13

The Charter of Rights and Freedoms does not apply to which of the following?

Accepted Answer

A)  A municipal council 
B)  The provincial cabinet 
C)  The police 
D)  A restaurant 
E)  A human rights commission 
A)  A municipal council 
B)  The provincial cabinet 
C)  The police 
D)  A restaurant 
E)  A human rights commission

Question 14

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 15

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

Accepted Answer

A)  When evidence is obtained in violation of a person's Charter rights, the court may exclude that evidence. 
B)  The court is free to impose any remedy for a Charter violation that it considers appropriate. 
C)  The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right. 
D)  The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter. 
E)  The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor. 
A)  When evidence is obtained in violation of a person's Charter rights, the court may exclude that evidence. 
B)  The court is free to impose any remedy for a Charter violation that it considers appropriate. 
C)  The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right. 
D)  The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter. 
E)  The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor.

Question 16

With regard to the Constitution of Canada, which of the following is false?

Accepted Answer

A)  The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures. 
B)  Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms. 
C)  The Constitution Act (1867) (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures). 
D)  The Constitution Act (1867) was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended. 
E)  Our Constitution provides for a federal system of government, i.e., for two levels of government, federal and provincial. 
A)  The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures. 
B)  Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms. 
C)  The Constitution Act (1867) (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures). 
D)  The Constitution Act (1867) was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended. 
E)  Our Constitution provides for a federal system of government, i.e., for two levels of government, federal and provincial.

Question 17

Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law.

Accepted Answer

A) True 
 B)False

Question 18

How does Section 33 limit the rights set out in the Charter of Rights and Freedoms?

Accepted Answer

This is the "notwithstanding clause"; it

Question 19

How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?

Accepted Answer

Prior to 1982, in theory at least, parli

Question 20

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

Accepted Answer

A)  A contrary ruling by an appeal court judge in another province 
B)  A contrary subsequent ruling by the Court of Appeal of the province 
C)  A new provincial statute to the contrary in another province 
D)  A similar subsequent ruling by a trial-court judge in another province 
E)  A contrary ruling by a small claims court judge 
A)  A contrary ruling by an appeal court judge in another province 
B)  A contrary subsequent ruling by the Court of Appeal of the province 
C)  A new provincial statute to the contrary in another province 
D)  A similar subsequent ruling by a trial-court judge in another province 
E)  A contrary ruling by a small claims court judge

The theory of law that defined law in terms of what the courts actually do 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. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Which of the following is correct with respect to the characteristics of stare decisis in the common law?

What gives judges flexibility in deciding whether or not to apply a particular precedent?

Which of the following is the most usable definition of law?

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

Which of the following is correct with respect to the Charter of Rights and Freedoms?

Which province in Canada continues to use a civil code system?

Which of the following is true regarding human rights?

What kind of rights are protected under the heading of mobility rights in the Charter?

Explain the role the British North America Act played in Canada's constitutional history.

Which among the following was not a purpose of the Constitution Act (1982)?

The Charter of Rights and Freedoms does not apply to which of the following?

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

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

With regard to the Constitution of Canada, which of the following is false?

Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law.

How does Section 33 limit the rights set out in the Charter of Rights and Freedoms?

How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?

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

Managing Your Legal Affairs

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 2: Introduction to the Legal System

The theory of law that defined law in terms of what the courts actually do 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. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Which of the following is correct with respect to the characteristics of stare decisis in the common law?

What gives judges flexibility in deciding whether or not to apply a particular precedent?

Which of the following is the most usable definition of law?

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

Which of the following is correct with respect to the Charter of Rights and Freedoms?

Which province in Canada continues to use a civil code system?

Which of the following is true regarding human rights?

What kind of rights are protected under the heading of mobility rights in the Charter?

Explain the role the British North America Act played in Canada's constitutional history.

Which among the following was not a purpose of the Constitution Act (1982)?

The Charter of Rights and Freedoms does not apply to which of the following?

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

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

With regard to the Constitution of Canada, which of the following is false?

Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law.

How does Section 33 limit the rights set out in the Charter of Rights and Freedoms?

How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?

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

Managing Your Legal Affairs

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters