Canadian Law Quiz

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Questions and Answers

What is the primary function of statutes in Canada?

To establish written laws passed by a legislative body (correct)

To evolve case-by-case in response to court decisions

To serve as guidelines for international law

To provide detailed regulations on specific issues

Which of the following best describes common law?

It is considered the most efficient form of law.

It is static and does not change over time.

It primarily deals with statutory regulations.

It adapts case-by-case and evolves with societal issues. (correct)

Which of the following laws govern relationships between individuals?

Substantive Law

Public Law

Criminal Law

Private Law (correct)

What differentiates procedural law from substantive law?

Procedural law concerns enforcement of laws. Signup and view all the answers

Which governing body is responsible for creating regulations under procedural frameworks?

Cabinet or executive bodies Signup and view all the answers

What type of law addresses offences against society in Canada?

Public Law Signup and view all the answers

In Canada, which level of government primarily handles local issues like education and justice?

Provincial legislatures Signup and view all the answers

Which type of case involves private disputes between individuals, such as breach of contract?

Civil Cases Signup and view all the answers

What is one of the key elements of proportionality in law?

Rational connection Signup and view all the answers

In the case of Irwin Toy v. Quebec, why was the law banning advertising to children upheld?

It was seen as minimally impairing. Signup and view all the answers

What is a primary limitation of the Notwithstanding Clause in Canadian law?

It must be acknowledged in legislation. Signup and view all the answers

What does the Oakes Test primarily assess?

The justification of limitations on rights. Signup and view all the answers

Which section of the Charter does the reasonable limits clause relate to?

Section 1 Signup and view all the answers

What is one political implication of the Notwithstanding Clause?

Deters governments from passing laws. Signup and view all the answers

How can the scope of the Charter's application be considered a strength?

It establishes a framework for protecting individual rights. Signup and view all the answers

What is one potential consequence of invoking the Notwithstanding Clause?

It can erode trust in government. Signup and view all the answers

What power do provinces have regarding natural resources?

Provinces can legislate exports of natural resources within Canada. Signup and view all the answers

What does the Constitution Act, 1982 ensure regarding regional disparities?

It commits to reducing economic disparities across provinces. Signup and view all the answers

What is one key aspect of the Charter of Rights and Freedoms?

It protects fundamental rights, such as equality and freedom of expression. Signup and view all the answers

What significant change did the Constitution Act, 1982 implement regarding Canadian independence?

It repatriated the Constitution, making Canada fully independent. Signup and view all the answers

What is the role of the Supreme Court of Canada?

It hears appeals from provincial appeal courts and federal court. Signup and view all the answers

Which of the following rights is protected under the Charter of Rights and Freedoms?

The right to vote regardless of identity. Signup and view all the answers

What does Section 15(1) of the Canadian Charter guarantee?

Equality under the law Signup and view all the answers

Which historical event does the case study Mack v. Canada specifically address?

The Chinese Head Tax Signup and view all the answers

What does the Provincial Court Structure depend on?

The decisions of the Supreme Court of Canada. Signup and view all the answers

Which statement about bilingualism in Canada is correct?

The Constitution guarantees the use of both English and French in government. Signup and view all the answers

What was one outcome of the 2006 government actions regarding historical injustices?

Issuance of symbolic reparations and apologies Signup and view all the answers

Which instrument recognizes the existing Aboriginal and treaty rights in Canada?

Constitution Act, 1982 Signup and view all the answers

What is a key requirement for governments to infringe upon a treaty promise?

A compelling and substantial public purpose Signup and view all the answers

What does the Royal Proclamation of 1763 ensure regarding Indigenous lands?

Indigenous lands are protected from disturbance without consent Signup and view all the answers

What is a key condition for the defence of necessity?

No safe avenue of escape Signup and view all the answers

Which statement accurately describes provocation as a legal defence?

It reduces murder to manslaughter under specific conditions. Signup and view all the answers

What is the definition of a treaty according to post-1982 court rulings?

A solemn agreement between the Crown and a First Nation Signup and view all the answers

Which group is included under the definition of Aboriginal peoples in the Constitution Act, 1982?

Indigenous, Métis, and Inuit peoples Signup and view all the answers

What is one of the key principles of self-defence?

Mistaken belief in the necessity of force is acknowledged Signup and view all the answers

What is the objective component required for the defence of provocation?

The ordinary person would lose self-control in a similar situation Signup and view all the answers

Which of the following statements about duress is true?

The threat must be intentional and compel criminal acts. Signup and view all the answers

Which of the following is NOT a condition for self-defence?

The act of self-defence must occur in public spaces only Signup and view all the answers

Which concept does the defence of necessity hinge on?

A proportional response to immediate danger Signup and view all the answers

What does provocation recognize about human behavior?

Human vulnerabilities may lead to impulsive actions Signup and view all the answers

What is the primary challenge in applying rules from legislation to specific cases?

The rules must be interpreted and their application is not always clear. Signup and view all the answers

How should courts approach the interpretation of statutes?

Apply judgment by balancing ordinary meaning, context, and purpose. Signup and view all the answers

What does the principle of 'stare decisis' ensure in the legal system?

Consistency by requiring courts to follow precedents set by higher courts. Signup and view all the answers

What is a potential issue with statutory language as used in legislation?

It is often couched in general language, leaving room for interpretation. Signup and view all the answers

What is NOT a benefit of adhering to precedent in a legal system?

It ensures that all cases are treated identically without consideration for differences. Signup and view all the answers

Which of the following best describes the nature of 'rules' of statutory interpretation?

They should be understood as guidelines rather than strict rules. Signup and view all the answers

What challenge arises from having multiple jurisdictions in a legal system?

It complicates the relevance of decisions from non-binding courts. Signup and view all the answers

What aspect of statutory interpretation is subject to judge discretion?

Determining the ordinary meaning of statutory terms. Signup and view all the answers

Study Notes

Law 2102 Study Notes

Evaluation: Exam 1 (37%) in December, Term 1 Quiz (15%), Exam 2 (36%) in April, Term 2 Quizzes (12%)
Quiz Schedule:
- Legal Systems: Thursday September 12th - Sunday September 15th
- Constitutionalism: Thursday September 19th - Sunday September 22nd
- Charter 1: Thursday September 26th - Sunday September 29th
- Charter 2: Thursday October 3rd - Sunday October 6th
- Criminal Procedure: Thursday October 31st - Sunday November 3rd
- International Law 1: Thursday November 7th - Sunday November 10th
- Indigenous: Thursday November 21st - Sunday November 24th
- Canadian Human Rights: No Quiz
Quizzes:
- 1.5 marks per completed quiz
- 2 attempts per quiz
- Each quiz must be completed within the specified date and time to receive credit.
- Remember to save your work and take a screenshot of your submission receipt for each quiz.

What is Law?

Publicly prescribed rules guide social behavior with consequences for non-compliance.
Reflects society's shared values and aims to resolve disputes.
Is dynamic and evolves with societal changes.
No legal answers are universal, yet there are recognized resolution processes.

Regulations and Statutory Interpretation

Regulations are subordinate legislation, detailing statutory requirements.
They are used when a statute needs more specific rules or details.
Can anticipate future events or address changing conditions.
Passed by Governor in Council or the governing cabinet.
Legislation can be flexible.

Sources of Law

Common Law/Case Law: Based on court decisions to resolve disputes. Each precedent assists with determining the law in similar cases.

Constitution

Supreme law and all other laws must conform to its principles.
Sets out broad constitutional principles that are applied in practice, including international laws.

Law Makers

Federal Parliament: Legislation applies across Canada.
Authorized by Constitution Act, 1867, for matters of national concern.
Responsible for certain health matters and provincial matters: property and civil rights, education affairs.
Provincial Legislatures: Authority within each province over local issues.

Municipal Councils

Law only applies within their municipality's boundaries.
Authorised to create locally applicable laws by provincial governments.

Judges

Decisions are based on precedent, principle, and the constitution.
Judges are appointed for disputes resolutions.

Public vs. Private Law

Public Law: Governs relationships between individuals and the state. Includes constitutional, criminal, and administrative law.
Private Law: Governs relationships between private entities. Includes contracts, property, and torts.

Court System

Hierarchical system where higher courts' decisions are binding on lower courts.
Court cases begin in lower courts and may be appealed to higher ones.

Interpreting the Law

Often couched in general language and must be applied in specific ways.
Courts determine the meaning and specific application according to the law while acknowledging its evolving nature.

Statutory Interpretation

Statutes are often broadly worded.
Courts apply statutes to specific situations and cases based on a variety of factors.

Ensuring Equity and Fairness

Courts are required to follow precedents to maintain consistency and fairness within their jurisdiction.
Important to consider all relevant cases and determine proper precedent to apply.

Legal Realism / Judicial Reasoning

Courts may or not be required to strictly follow precedents.
Courts must follow those precedents set out as higher authority.

The Court System

It's hierarchical, and higher courts have ultimate authority (binding precedents).
Lower courts are bound by decisions of higher courts in the same jurisdiction, although persuasive authority could be recognised from other courts.

Week 2 - From the Bar

A legal primer- framework / standards, and regulates behaviors.
Includes persons, property, and promises.
Emphasises populations and philosophy (natural law), and legal positivism.

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Description

Test your knowledge on key concepts of Canadian law, including statutes, common law, and the relationship between individuals and society. This quiz covers various aspects of procedural and substantive law, as well as the nuances of local governance and legal limitations in Canada.