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Questions and Answers
What is the primary source of Canadian law that has historical development?
What is the primary source of Canadian law that has historical development?
Which ancient civilization is credited with the introduction of juries into the legal system?
Which ancient civilization is credited with the introduction of juries into the legal system?
What was the primary influence of Roman law on modern legal systems?
What was the primary influence of Roman law on modern legal systems?
What role did the British legal influence play in the development of Canadian law?
What role did the British legal influence play in the development of Canadian law?
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How did the concept of 'case law' emerge in the legal system?
How did the concept of 'case law' emerge in the legal system?
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What is the significance of conventions in Canadian law?
What is the significance of conventions in Canadian law?
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Which event influenced the creation of the Canadian Human Rights Act in 1977?
Which event influenced the creation of the Canadian Human Rights Act in 1977?
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Which of the following is NOT a component of the constitutional law in Canada?
Which of the following is NOT a component of the constitutional law in Canada?
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What does the principle of judicial independence ensure?
What does the principle of judicial independence ensure?
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What is represented at the top of the pyramid of secondary sources of Canadian law?
What is represented at the top of the pyramid of secondary sources of Canadian law?
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What does the term 'wilful blindness' refer to in legal context?
What does the term 'wilful blindness' refer to in legal context?
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Which of the following best describes the 'Rule of Law'?
Which of the following best describes the 'Rule of Law'?
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In the context of international treaties, what does 'double criminality' imply?
In the context of international treaties, what does 'double criminality' imply?
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What does 'utilitarianism' suggest about the nature of laws?
What does 'utilitarianism' suggest about the nature of laws?
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What is the purpose of the Geneva Conventions?
What is the purpose of the Geneva Conventions?
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What must be proven for a law to be considered pressing and substantial?
What must be proven for a law to be considered pressing and substantial?
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In terms of legal limitations, what is meant by 'minimal impairment'?
In terms of legal limitations, what is meant by 'minimal impairment'?
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Which component of the Oakes test assesses whether the limitation of a right is rationally connected to the law's objective?
Which component of the Oakes test assesses whether the limitation of a right is rationally connected to the law's objective?
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Who has the burden of proof in a criminal trial in Canada?
Who has the burden of proof in a criminal trial in Canada?
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What is the main role of the defense in a criminal trial?
What is the main role of the defense in a criminal trial?
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What type of legal system does Canada employ for criminal trials?
What type of legal system does Canada employ for criminal trials?
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Which official reads the charge against the accused and handles evidence in a trial?
Which official reads the charge against the accused and handles evidence in a trial?
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Which philosopher is associated with legal positivism, emphasizing laws without moral considerations?
Which philosopher is associated with legal positivism, emphasizing laws without moral considerations?
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What is the term for a law passed by the federal or provincial governments?
What is the term for a law passed by the federal or provincial governments?
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What happens when a law is created by a provincial government outside of its jurisdiction?
What happens when a law is created by a provincial government outside of its jurisdiction?
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Which rule helps judges understand a statute by focusing on the problem it aims to address?
Which rule helps judges understand a statute by focusing on the problem it aims to address?
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What do judges rely on to create a substantial body of case law?
What do judges rely on to create a substantial body of case law?
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What challenge does the ICC face regarding its jurisdiction?
What challenge does the ICC face regarding its jurisdiction?
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What is the significance of the Oakes Test in legal proceedings?
What is the significance of the Oakes Test in legal proceedings?
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In the case of R vs Oakes, which charge was David Oakes contesting?
In the case of R vs Oakes, which charge was David Oakes contesting?
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What do internal aids in statutory interpretation typically include?
What do internal aids in statutory interpretation typically include?
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What does actus reus refer to in legal terms?
What does actus reus refer to in legal terms?
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Which principle focuses on preventing harm to individuals?
Which principle focuses on preventing harm to individuals?
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What is required under the 7+50 rule to amend the constitution?
What is required under the 7+50 rule to amend the constitution?
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What does mens rea signify in the context of criminal law?
What does mens rea signify in the context of criminal law?
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Which of the following is NOT part of an amending formula in Canada?
Which of the following is NOT part of an amending formula in Canada?
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What is the meaning of habeas corpus?
What is the meaning of habeas corpus?
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Which body is primarily responsible for resolving disputes between UN member states?
Which body is primarily responsible for resolving disputes between UN member states?
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Legal moralism is concerned with preventing which aspect?
Legal moralism is concerned with preventing which aspect?
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Which amendment to the constitution requires only the support of the federal parliament?
Which amendment to the constitution requires only the support of the federal parliament?
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What does the Canadian Human Rights Act primarily establish?
What does the Canadian Human Rights Act primarily establish?
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Study Notes
Sources of Canadian Law
- Primary sources of law have the longest historical development, including religious, historical, Greek, and Roman influences.
- Religious law, like the Ten Commandments, forbids murder and theft.
- Historical influences are British and French laws, influenced by Greek and Roman law.
- Greek influence includes juries and democratic ideals.
- Roman influences include law schools and giving citizens instructions.
- Britain has influenced Canada's government and laws more than any other country.
- 11th-century judges were created to hear problems and create solutions in a consistent manner.
- Case law (common law) emerged from written decisions and reasons for punishments.
- Custom is a long-standing way of doing something, gaining legal force over time.
- Convention is a way of doing something accepted so long it becomes customary.
Secondary Sources of Canadian Law
- Secondary laws are like a pyramid, with constitutional law at the top, followed by statutes and case law (common law) at the bottom.
- Canada's Constitution defines the values and principles of Canadian law.
- Constitutional law deals with government power distribution and principles.
- The BNA Act (Constitution Act of 1867) created Canada.
- Judicial independence and parliamentary supremacy are two significant parts of this Act.
- Judicial independence means that judges are independent from government.
- Parliamentary supremacy means Canadians elect leaders and create laws.
Statutory Interpretation
- Judges, by using the rules of statutory interpretation, determine the meanings of laws.
- Mischief rule focuses on the problem that a statute addresses.
- Internal aids are parts of the statute, such as defined legal terms.
- External aids complement the internal ones and include legal dictionaries.
Case Law
- Court cases create important precedents.
- Balancing rights is the job of the law, including individual and societal needs.
Oakes Test
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The Oakes test is used to determine if laws passed, infringing on rights are justified.
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The Oakes test involves three steps:
- Prescribed by law: The law must be clearly defined.
- Pressing and substantial: The law's purpose must be significant.
- Proportionality: The benefits of the law must outweigh the infringement on rights.
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To pass the test, The law must meet all three conditions.
Trial Procedure
- Canada utilizes the adversarial system in criminal trials.
- The two opposing sides are the Crown (state) and the Defense (defendant).
- Main aspects of a trial include a judge, appointed by the Government, and someone who represents the government's interests (the crown), and a defense attorney.
Mens Rea and Actus Reus
- Mens Rea (guilty mind) must accompany Actus Reus (guilty act).
- Actus Reus is a person's deed/physical act.
- Mens Rea is when a person makes a conscious act.
Principles of Justification
- Private harm principles prevent harms to individuals.
- Public harm principles prevent harm to institutions.
- Offense principles prevent harm to others
- Legal paternalism prevents harm to oneself.
- Legal moralism prevents immorality.
Changing The Constitution
- Procedures for changing Canada's constitution are outlined.
- Various scenarios and situations are determined for various constitutional changes.
Ratio Decidendi and Habeas Corpus
- Ratio decidendi is the logical reasoning behind a judge's decision.
- Habeas Corpus is the right to a fair trial within a reasonable time.
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Description
This quiz explores the various primary and secondary sources of law in Canada. It covers historical influences from religious law, British and French legal systems, and the impact of Greek and Roman traditions. Test your knowledge on how these elements shape Canadian law today.
