Institutions and Law Quiz

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Questions and Answers

What is the primary purpose of amending formulas in a constitution?

To allow for unlimited alterations to fundamental laws

To resolve disputes between federal and provincial governments

To dictate the procedures for constitutional amendments (correct)

To provide guidelines for ordinary legislation

Which section requires approval from both the federal Parliament and a specified number of provinces for amendments?

Section 36

Section 43

Section 38 (correct)

Section 41

What does Section 43 specifically allow for?

Amendments affecting specific provinces (correct)

Changes that are valid for the Constitution overall

Amendments to federal powers only

Amendments that affect individual rights nationwide

What is the requirement of the 7/50 Formula in Canada?

Approval from 7 provinces representing at least 50% of the population Signup and view all the answers

Which of the following acts established Canada as a federal state?

British North America Act, 1867 Signup and view all the answers

Which section addresses equalization payments between provinces?

Section 36(2) Signup and view all the answers

What is the significance of Section 1 of the Canadian Charter of Rights and Freedoms?

It allows for reasonable limits on rights and freedoms Signup and view all the answers

What was the focus of the landmark Supreme Court case R. v. Drybones?

Indigenous rights Signup and view all the answers

What type of law governs how laws are enforced and legal processes work?

Procedural Law Signup and view all the answers

Which source of Canadian law is primarily created by elected bodies such as Parliament?

Legislation/Statute Law Signup and view all the answers

Which of the following is an example of substantive law?

Tort law Signup and view all the answers

What is the primary role of the judiciary in relation to law?

Interprets and applies laws Signup and view all the answers

Which step in the legislative process involves the detailed examination of a bill?

Committee review Signup and view all the answers

What is the key purpose of precedents in case law?

To serve as authoritative guidance for judges Signup and view all the answers

In what year did Canada enact the Controlled Drugs and Substances Act?

1997 Signup and view all the answers

Which of the following is NOT a subsidiary source of Canadian law?

Legislation/Statute Law Signup and view all the answers

What is a primary aim of the Indian Act as stated in the content?

To regulate Indigenous affairs and land management Signup and view all the answers

Which statement best describes the impact of the Canadian legal system on Indigenous legal orders?

It has often marginalized Indigenous legal systems. Signup and view all the answers

What key function of constitutions includes specifying how power is structured within a government?

Establish the Political System Signup and view all the answers

Which of the following is NOT a function of constitutions as outlined in the content?

Create economic regulations Signup and view all the answers

What does the term 'social contract' in the context of constitutions refer to?

A mutual understanding between citizens and the government regarding governance. Signup and view all the answers

What is a significant feature of the First Nations Land Management Act?

It empowers First Nations to manage their lands independently. Signup and view all the answers

What does the concept of 'constitutional design' refer to?

The specific features and characteristics of constitutions. Signup and view all the answers

How do constitutions typically reflect a society’s historical context?

By incorporating historical events and evolution into their framework. Signup and view all the answers

What is the primary function of the Supreme Court of Canada?

To serve as Canada’s final court of appeal. Signup and view all the answers

Which level of court in Canada is the highest in provincial jurisdictions?

Superior Courts of the Provinces Signup and view all the answers

How are judges appointed in the Federal Court of Canada?

By the Prime Minister's recommendation Signup and view all the answers

Which division of provincial courts specifically addresses youth-related legal issues?

Youth Division Signup and view all the answers

What type of legal system is practiced in Quebec, as opposed to the common law in other provinces?

Civil law system Signup and view all the answers

What is one of the key cases that demonstrates the Supreme Court's role in addressing abortion rights?

R.v.Morgentaler Signup and view all the answers

What is a characteristic of Canada’s court system that emphasizes the role of opposing parties?

Adversarial system Signup and view all the answers

Which division of the Federal Court of Canada handles appeals from trial decisions?

Appeal Division Signup and view all the answers

What did the Peace of Westphalia establish?

National sovereignty, emphasizing state control over territories. Signup and view all the answers

What was a key provision of the Royal Proclamation of 1763?

Only the Crown could buy land from First Nations. Signup and view all the answers

Which act allowed French law to be utilized in civil matters in Quebec?

The 1774 Quebec Act Signup and view all the answers

What did the British North America Act of 1867 accomplish?

Established the Dominion of Canada as a federation. Signup and view all the answers

What major change occurred with the Statute of Westminster in 1931?

Canada became a self-governing dominion. Signup and view all the answers

Which of the following was NOT a part of the legal history framework in Canada?

The Charter of the United Nations Signup and view all the answers

What type of law deals with disputes between individuals or organizations?

Private Law Signup and view all the answers

What significant feature was introduced with the Constitution Act (1982)?

The Charter of Rights and Freedoms Signup and view all the answers

What was a key focus of the second wave of feminism?

Reproductive rights and workplace equality Signup and view all the answers

What was the significance of the Magna Carta in legal history?

It limited the power of the monarchy and introduced legal rights for barons. Signup and view all the answers

Which philosopher is known for emphasizing moral and social order relevant to legal theory?

Confucius Signup and view all the answers

How does feminist theory approach legal frameworks?

It examines how laws affect women differently and promotes recognition of diverse experiences. Signup and view all the answers

What was one of the main criticisms of mainstream feminism during the third wave?

Inadequate representation of all women's voices Signup and view all the answers

What legal concept emphasizes the validity of existing laws and authority of the state?

Legal Positivism Signup and view all the answers

What concept from ancient law is associated with the principle of proportional punishment?

Hammurabi's Code Signup and view all the answers

What is one of the primary focuses of the third wave of feminism?

Intersectionality and understanding overlapping oppressions Signup and view all the answers

Study Notes

Topic 1: Institutions, Politics, Society, and Law

Institutions are structures that shape human behavior. They are not agents, but influence societal actions.
Agents are individuals or entities with the capacity to act and make decisions. They influence outcomes within a system.
Politics involves power relations and their practices and processes.
Types of power include instrumental (direct use to influence outcomes), structural (embedded in institutions), and ideological (control over ideas).
Society is a network of patterned relationships connecting individuals through institutions.
Law is a concept debated across various perspectives.
Law is defined by formal rules, binding and enforceable to govern conduct. Law is involved in politics through processes and impacts social order. It balances individual/collective rights and limits arbitrary power.

Topic 2: An Early History of Law

Legal history stretches over 4,000 years.
Hammurabi's Code is an early written legal code known for "an eye for an eye" punishments.
Confucius's philosophy emphasizes moral/social order, impacting law.
Mohammad's teachings form the basis of Islamic law (Sharia).

Topic 3: Constitutions I & II

Constitutions are supreme laws establishing a legal system and political society.
They are social contracts, symbolizing societal agreements.
Constitutions express foundational values, structure political systems, establish fundamental laws, confer power, and limit government, outlining rights/obligations, and reflecting historical context.

Topic 4: Constitutional Design Features

Constitutional design features refer to specific characteristics, including length (short or long).
Written or unwritten constitutions, formalized documents or relying on statutes/conventions/judicial decisions.
Amendment procedures, making amendment difficult, are typically required to change these documents.
Judicial review empowers courts to interpret/enforce constitutional provisions.
Some constitutions omit details of important political structures, leaving room for flexibility.
Authority is diffusely spread, with a division of powers (vertical and horizontal), checks and balances on government power.
Separation of powers principle dividing authority among branches of government.

Topic 5: Canadian Federalism and Court Systems

Canada became a federation through the British North America Act (1867), establishing federal and provincial powers.
The Canadian Charter of Rights and Freedoms, introduced in 1982, protects individual rights and freedoms, but it can be temporarily overridden under specific circumstances or for specific time periods.
The Statute of Westminster (1931) granted Canada self-governance.
Canada's court system involves federal and provincial/territorial courts, with distinct jurisdictions and levels of appeal.
Various types of courts exist. (e.g., Trial, Appeal).

Topic 6: Administrative Boards and Tribunals

An administrative board or tribunal is part of Canada's court system but may resolve disputes outside traditional courts.
These bodies often hear administrative or quasi-judicial cases.

Topic 7: Restorative Justice in Canada

Restorative justice aims to repair harm by facilitating communication, using principles/emphasis on recognition, accountability, and voluntariness.

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Description

Test your knowledge on the roles of institutions, politics, society, and law in shaping human behavior and governance. Explore the history of law, including Hammurabi's Code and the evolution of legal systems over 4,000 years. This quiz will cover critical concepts and power relations within these frameworks.