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?

<p>Approval from 7 provinces representing at least 50% of the population (A)</p> Signup and view all the answers

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

<p>British North America Act, 1867 (D)</p> Signup and view all the answers

Which section addresses equalization payments between provinces?

<p>Section 36(2) (A)</p> Signup and view all the answers

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

<p>It allows for reasonable limits on rights and freedoms (B)</p> Signup and view all the answers

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

<p>Indigenous rights (A)</p> Signup and view all the answers

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

<p>Procedural Law (C)</p> Signup and view all the answers

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

<p>Legislation/Statute Law (C)</p> Signup and view all the answers

Which of the following is an example of substantive law?

<p>Tort law (B)</p> Signup and view all the answers

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

<p>Interprets and applies laws (B)</p> Signup and view all the answers

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

<p>Committee review (B)</p> Signup and view all the answers

What is the key purpose of precedents in case law?

<p>To serve as authoritative guidance for judges (A)</p> Signup and view all the answers

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

<p>1997 (A)</p> Signup and view all the answers

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

<p>Legislation/Statute Law (A)</p> Signup and view all the answers

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

<p>To regulate Indigenous affairs and land management (D)</p> Signup and view all the answers

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

<p>It has often marginalized Indigenous legal systems. (D)</p> Signup and view all the answers

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

<p>Establish the Political System (C)</p> Signup and view all the answers

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

<p>Create economic regulations (C)</p> Signup and view all the answers

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

<p>A mutual understanding between citizens and the government regarding governance. (A)</p> Signup and view all the answers

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

<p>It empowers First Nations to manage their lands independently. (A)</p> Signup and view all the answers

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

<p>The specific features and characteristics of constitutions. (D)</p> Signup and view all the answers

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

<p>By incorporating historical events and evolution into their framework. (B)</p> Signup and view all the answers

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

<p>To serve as Canada’s final court of appeal. (A)</p> Signup and view all the answers

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

<p>Superior Courts of the Provinces (B)</p> Signup and view all the answers

How are judges appointed in the Federal Court of Canada?

<p>By the Prime Minister's recommendation (D)</p> Signup and view all the answers

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

<p>Youth Division (A)</p> Signup and view all the answers

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

<p>Civil law system (D)</p> Signup and view all the answers

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

<p>R.v.Morgentaler (B)</p> Signup and view all the answers

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

<p>Adversarial system (A)</p> Signup and view all the answers

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

<p>Appeal Division (D)</p> Signup and view all the answers

What did the Peace of Westphalia establish?

<p>National sovereignty, emphasizing state control over territories. (A)</p> Signup and view all the answers

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

<p>Only the Crown could buy land from First Nations. (C)</p> Signup and view all the answers

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

<p>The 1774 Quebec Act (A)</p> Signup and view all the answers

What did the British North America Act of 1867 accomplish?

<p>Established the Dominion of Canada as a federation. (D)</p> Signup and view all the answers

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

<p>Canada became a self-governing dominion. (A)</p> Signup and view all the answers

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

<p>The Charter of the United Nations (C)</p> Signup and view all the answers

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

<p>Private Law (A)</p> Signup and view all the answers

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

<p>The Charter of Rights and Freedoms (A)</p> Signup and view all the answers

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

<p>Reproductive rights and workplace equality (D)</p> Signup and view all the answers

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

<p>It limited the power of the monarchy and introduced legal rights for barons. (B)</p> Signup and view all the answers

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

<p>Confucius (D)</p> Signup and view all the answers

How does feminist theory approach legal frameworks?

<p>It examines how laws affect women differently and promotes recognition of diverse experiences. (B)</p> Signup and view all the answers

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

<p>Inadequate representation of all women's voices (D)</p> Signup and view all the answers

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

<p>Legal Positivism (A)</p> Signup and view all the answers

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

<p>Hammurabi's Code (D)</p> Signup and view all the answers

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

<p>Intersectionality and understanding overlapping oppressions (A)</p> Signup and view all the answers

Flashcards

First-wave feminism

Focused on women's suffrage, legal rights, and social reforms, aiming to achieve basic rights like voting, property ownership, and equal access to education.

Second-wave feminism

Challenged social and cultural inequalities, focusing on reproductive rights, workplace equality, and dismantling traditional gender roles. Aimed to address issues like access to contraception, discrimination, and sexual harassment.

Third-wave feminism

Emphasizes intersectionality, acknowledging that women experience oppression in various ways based on race, class, and other factors. It also includes advocacy for LGBTQ+ rights and critiques mainstream feminism for not representing all women's voices.

Hammurabi's Code

An ancient Babylonian legal code known for its principle of "an eye for an eye," meaning punishments should match the severity of the crime.

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Confucianism

A Chinese philosophy emphasizing moral and social order, focusing on ethics, morality, and the importance of social harmony.

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Feudal Law

The legal system of the medieval period, where laws were linked to the feudal structure of lords and vassals. Lords granted land to vassals in exchange for loyalty and military service.

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Magna Carta

A historical document signed in 1215 by King John of England, limiting the power of the monarchy and establishing certain legal rights. It's considered an early step towards constitutional law.

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Constitutional Law

A branch of law that establishes and defines the structure and powers of government. It also sets out the fundamental rights and freedoms of citizens.

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Peace of Westphalia (1648)

Treaty ending the Thirty Years' War in Europe. It established the principle of national sovereignty, where each state has full control over its territory and domestic affairs.

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Royal Proclamation of 1763

Issued by King George III after the British victory over France. It recognized Indigenous rights to land and set the framework for treaties between the British and Indigenous peoples.

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Quebec Act of 1774

Protected French Canadians' rights, including their language and religion (Roman Catholicism) after British rule.

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Constitution Act of 1791

Divided the Province of Quebec into Upper Canada (English-speaking, Ontario) and Lower Canada (French-speaking, Quebec). Each had its own legislature and legal system.

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Act of Union (1840)

Merged Upper Canada and Lower Canada into one entity, the Province of Canada, with a single legislature.

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British North America Act (1867)

Created the legal foundation of Canada as a federation, establishing the Dominion of Canada.

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Criminal Code (1892)

Canada's first comprehensive criminal code, defining most criminal offenses.

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Statute of Westminster (1931)

Granted Canada full control over its domestic and foreign affairs, making it a self-governing dominion.

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What are the sources of Canadian law?

Canadian law is derived from various sources, including legislation created by Parliament and provinces, judicial decisions that set precedents, long-standing traditions, and authoritative legal writings.

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What is statute law?

Statutes are laws created by elected bodies like Parliament or provincial legislatures. They reflect parliamentary supremacy, meaning statutes take precedence over other types of law.

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What is case law?

Case law is based on judicial decisions that create legal precedents. It is dynamic and evolves as new cases and judgments shape the law.

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What is precedent?

Precedent is a legal principle where past judicial decisions serve as authoritative guidance for judges in resolving similar legal issues.

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What are the branches of government and their role in law?

The legislature makes and changes laws, the executive enforces and administers laws, and the judiciary interprets and applies laws through courts.

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What is the legislative process in Canada?

A bill goes through stages including introduction, debate, committee review, and final approval before potentially being reviewed by the Senate.

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What is the role of customs in Canadian law?

Custom refers to long-standing practices that have become law, reflecting influences from British legal traditions.

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What are books of authority in Canadian law?

Books of authority are legal texts written by scholars, often cited in court as authoritative references.

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Amending Formulas

Specific procedures outlined in a constitution that determine how amendments can be made, ensuring changes to the fundamental legal framework of a country follow a structured process requiring higher consensus than ordinary legislation.

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Section 38 of the Constitution

This section establishes the general procedure for amending the Constitution, requiring approval from both the federal Parliament and a specific number of provinces.

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Section 41 of the Constitution

Identifies certain parts of the Constitution that require a more stringent amendment process, often requiring approval from all provinces, such as provisions protecting the Queen, Parliament, and minority rights.

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Section 43 of the Constitution

Allows for amendments to provisions related to the distribution of powers between federal and provincial governments, representation in Parliament, and specific provincial rights.

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7/50 Formula

A specific amendment formula requiring approval from at least 7 provinces representing at least 50% of Canada's population.

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Section 91 of the British North America Act

This section outlines the powers of the federal government, including exclusive authority over criminal law.

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Section 92 of the British North America Act

This section outlines the powers of the provincial governments, including healthcare, education, and property rights.

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What is a constitution?

A constitution is the supreme law of a country, establishing the basic principles and framework for its government, legal system, and society.

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What is a social contract?

A social contract refers to the agreement between individuals and the government, where people give up some freedoms in exchange for order and protection by the government.

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What are the key functions of a constitution?

Constitutions serve several functions, including establishing fundamental principles, structuring the government, defining rights, and limiting government power.

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What does it mean to 'constitute' a society?

Constitutions 'constitute' societies by creating the framework for how they function, ensuring a shared understanding of laws, rights, and the distribution of power.

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What is the significance of the length of a constitution?

The length of a constitution can influence its complexity and detail, with shorter constitutions often focusing on general principles and longer ones offering more specific regulations.

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What's a written constitution?

A written constitution is formally documented, outlining the government structure, rights, and laws in a written document.

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What's an unwritten constitution?

An unwritten constitution is based on precedents, customs, and historical conventions, rather than a single written document.

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What are the strengths of a written constitution?

Written constitutions provide clear and accessible rules, ensuring accountability and promoting stability.

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What are the levels of Canadian courts?

Canada has a hierarchical court system with different levels, starting with provincial courts and moving up to the Supreme Court of Canada.

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What is the role of a superior court?

Supreme Court of the Provinces and territories represent the highest level, handling serious criminal cases, major civil disputes, and appeals from lower courts.

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What does the Trial Division of the Superior Court do?

The Trial Division is the main working part of the superior court, dealing with serious criminal cases, lawsuits with high financial value, and appeals from lower courts.

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What does the Appeal Division of the Superior Court do?

The Appeal Division examines decisions made by the Trial Division and ensures the law was applied correctly.

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What is the Federal Court of Canada?

This court handles disputes involving the federal government, such as intellectual property, citizenship, and immigration issues.

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What is the Supreme Court of Canada?

The highest court in Canada, it makes the final decisions on legal matters, including constitutional issues.

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What is the adversarial system?

Canadian courts are designed to have two sides, the prosecution and the defense, present their arguments, with a judge or jury deciding on the outcome.

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What is the role of a jury in the Canadian court system?

In some cases, citizens are selected randomly to form a jury and decide the outcome of a trial, ensuring that common people participate in the justice system.

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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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LWSO 203 Midterm #1 Review PDF

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.

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