Legal Foundations Unit Quiz

The law made by judicial decisions set by courts over time.

The Magna Carta, which means 'Great Charter,' was a document that outlined the limitations on the rights of the crown. It was signed in 1215 after King John of England was forced to sign it at sword point. This was the first constitution, as it was the first written document that limited the powers of the king, establishing a stronger legal foundation.

<p>True</p> Signup and view all the answers

<p>Adversarial System</p> Signup and view all the answers

<p>The constitutionality of laws.</p> Signup and view all the answers

<p>The Notwithstanding Clause allows Parliament or Provincial legislatures to override certain sections of the Charter of Rights and Freedoms, enabling them to enact laws that may be considered constitutionally problematic.</p> Signup and view all the answers

<p>Freedom of travel</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>Two major purposes of sentencing are deterrence, to discourage the offender and others from committing the same crime, and rehabilitation to help the offender reintegrate into society.</p> Signup and view all the answers

<p>The Oakes Test assesses the constitutionality of laws that limit a Charter right. It examines if the law's goal is sufficiently important to justify its infringement on individual rights.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>Quasi-criminal offences are offences that carry substantial penalties, but they are not considered criminal offences. These offences are treated differently and often do not result in a criminal record.</p> Signup and view all the answers

<p>Due process is the principle that ensures fairness in the legal system by establishing clear procedures that must be followed in investigations, trials, and sentencing.</p> Signup and view all the answers

<p>False</p> Signup and view all the answers

<p>The 'reasonable limits' clause is a section within Section 1 of the Canadian Charter of Rights and Freedoms that balances fundamental rights with important governmental interests. It allows the government to limit a Charter right when that limitation is justified by a pressing and substantial objective and is proportionate to the objective.</p> Signup and view all the answers

<p>Contributory Liability</p> Signup and view all the answers

<p>In tort law, negligence refers to a situation where a person's failure to exercise reasonable care causes harm. Strict Liability, on the other hand, holds a person responsible for harm that is caused by a particular activity, even if they were not negligent.</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>The Restorative Justice approach focuses on repairing the harm caused by a crime. It seeks to address the needs of both the victim and the offender, encouraging accountability and reconciliation.</p> Signup and view all the answers

<p>The Adversarial System promotes rigorous testing of evidence and arguments through skillful legal representation, increasing the likelihood of a fair and just outcome.</p> Signup and view all the answers

<p>The Inquisitorial System, common in civil law countries, emphasizes the role of the judge as an active investigator, directly questioning witnesses and gathering evidence. The Adversarial System, on the other hand, places more emphasis on the role of lawyers presenting arguments and evidence, with the judge acting as a neutral referee overseeing the proceedings.</p> Signup and view all the answers

<p>The principle &quot;Rule of Law&quot; in Canada suggests that no one, including government officials, is above the law. This fundamental principle ensures that everyone is subject to the same legal rules and procedures.</p> Signup and view all the answers

<p>Government officials must follow the same laws as all citizens.</p> Signup and view all the answers

<p>The right to a fair trial is a cornerstone of Canadian law, upholding the principle of due process. It ensures that individuals are not arbitrarily deprived of their liberty, ensuring that they have the opportunity to defend themselves against charges and receive a fair and impartial hearing.</p> Signup and view all the answers

<p>The 'Notwithstanding Clause' can be used to override certain sections of the Charter, effectively excluding the application of those specific rights in a particular legal context. This can create a situation where the government or a province can pass a law that would otherwise violate the Charter and restrict the enjoyment of protected rights.</p> Signup and view all the answers

<p>One important case that demonstrates the Charter's protection of freedom of religion is R v. Big M Drug Mart (1985). In this case, the Supreme Court of Canada ruled that the Lord's Day Act, which prohibited commercial activity on Sundays, was unconstitutional because it violated the freedom of religion guaranteed by the Charter. This case established that the Charter protects the rights of individuals to practice their religious beliefs without undue interference by the state.</p> Signup and view all the answers

<p>The &quot;Rule of Law&quot; applies to protests and demonstrations in Canada by recognizing the right to peaceful assembly and expression, but also emphasizing that protests must be conducted within the boundaries of the law.</p> Signup and view all the answers