Law Theory and Canadian Law Quiz
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Questions and Answers

Which of the following theoretical perspectives on law is least likely to be concerned with the moral content of the law?

  • Positivism (correct)
  • Legal Realism
  • Feminist Theories of Law
  • Natural Law

In the case of R. v. Morgentaler, the Supreme Court ruled that what was unconstitutional?

  • The Charter of Rights and Freedoms applying to all provinces.
  • An Indigenous community maintaining fishing rights specific to that community.
  • A woman's inability to control the termination of her pregnancy. (correct)
  • A 25-year sentence of imprisonment without eligibility for parole for a conviction of first-degree murder.

Which of the following is NOT a major influence on Canadian law and legal systems?

  • The Magna Carta of 1215
  • An elected Senate (correct)
  • Legal Pluralism
  • International Law

According to Val Napoleon, what is the primary difference between Indigenous law and Canadian law?

<p>Indigenous law prioritizes the preservation of cultural practices, while Canadian law prioritizes economic development. (C)</p> Signup and view all the answers

Which section of the Charter of Rights and Freedoms is known as the "notwithstanding clause"?

<p>Section 33 (C)</p> Signup and view all the answers

True or false: according to Val Napoleon, Indigenous law is concerned with very different human concerns than Canadian law.

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

Theories of law disagree on which of the following?

<p>Law’s purpose. (A)</p> Signup and view all the answers

Which of the following sections of the Charter of Rights and Freedoms only apply to Canadians?

<p>Sections 3 and 6 (A)</p> Signup and view all the answers

Flashcards

Legal realism

A perspective on law that focuses on how laws are actually applied in practice, rather than their moral content.

R.v.Morgentaler ruling

The Supreme Court decided that a woman's inability to control the termination of her pregnancy was an unjustifiable loss of life, liberty, and security.

Notwithstanding clause

Section of the Charter of Rights that allows laws to disallow certain rights.

Indigenous law vs. Canadian law

Indigenous law addresses different human concerns compared to Canadian law according to Val Napoleon.

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Major influences on Canadian law

Legal pluralism, Magna Carta, and international law are major influences; an elected Senate is not.

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Study Notes

Multiple Choice Questions

  • Question 1: Positivism is the theoretical perspective least concerned with the moral content of law.
  • Question 2: Indigenous law differs considerably from Canadian law, according to Val Napoleon (True).
  • Question 3: Theories of law disagree on the purpose and existence of law.
  • Question 4: In R. v. Morgentaler, the Supreme Court ruled that a woman's inability to control her own pregnancy was an infringement of her rights (option d).
  • Question 5: Section 33 of the Charter of Rights and Freedoms is known as the "notwithstanding" clause.
  • Question 6: Options b, c, and d: Magna Carta of 1215, Legal pluralism, and international law have influenced Canadian Law. An elected Senate is not an influence on Canadian Law.
  • Question 7: Sections 3 and 6 of the Charter of Rights and Freedoms do not exclusively apply to Canadians.

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Description

Test your knowledge on legal theories and the nuances of Canadian law with this quiz. From positivism to the Charter of Rights and Freedoms, explore key legal concepts and cases. Perfect for students of law or anyone interested in legal studies.

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