Question 1

Why is law important?

Accepted Answer

It determines how effectively ...

Question 2

Subordinate legislation includes regulations and municipal bylaws.

Accepted Answer

A) True 
 B)False

Question 3

Which province in Canada continues to use a civil code system?

Accepted Answer

The answer of Which province in Canada continues to use...

Question 4

The term "law" may be defined in a variety of ways.Explain.

Accepted Answer

Students should note that is not possibl...

Question 5

How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers?

Accepted Answer

Through such schemes,the feder...

Question 6

Ms.Lott was required by a provision in the B.C.school act to retire from her position as an elementary teacher at the age of 65.She did not want to retire.She commenced an action against the school board.Which of the following is false with regard to this situation?

Accepted Answer

A)   A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
B)   The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
C)   The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act) , can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.
D)   The federal legislature is the proper body to decide if the provincial school act is lawful.
E)   The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.F) B) and E)
G) C) and D)

Question 7

At a recent computer show,you heard a student trying to explain our legal system to a man who recently immigrated from Russia.Which one of the following statements he made is correct?

Accepted Answer

A)   All the provinces follow law that stemmed from the English common law.
B)   The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law.
C)   Today, we are governed by statutes passed by our elected representatives as well as by judge-made law.
D)   Judge-made law in England came from two traditions, civil law and parliamentary supremacy.
E)   With the creation of our court system, the equitable tradition was lost. Today a judge of our superior court does not apply principles or remedies developed by the courts of equity.F) A) and B)
G) C) and D)

Question 8

While the Charter of Rights and Freedoms protects individuals' rights from government abuses,there is still no legislation to protect individuals' rights from abuse by the public.

Accepted Answer

A) True 
 B)False

Question 9

In which one of the following cases can the Supreme Court of Canada not override the will of the federal parliament?

Accepted Answer

A)   Parliament enacts legislation that is ultra vires.
B)   Parliament enacts legislation in an area outside its jurisdiction.
C)   Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms.
D)   Parliament enacts legislation that is not clear.
E)   The Supreme Court of Canada disagrees with the substance of the legislation.F) A) and B)
G) None of the above

Question 10

The common law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.

Accepted Answer

A) True 
 B)False

Question 11

What role does the decision made by an Ontario Court of Appeal judge have on a B.C.Supreme Court judge?

Accepted Answer

The decision is merely persuas...

Question 12

Stare decisis is the Latin term for following the Code.

Accepted Answer

A) True 
 B)False

Question 13

Once a bill has received royal assent,it may be effective immediately or it may be effective on later proclamation.

Accepted Answer

A) True 
 B)False

Question 14

In R.v.Keegstra,the Supreme Court of Canada stated that

Accepted Answer

A)   although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms.
B)   the doctrine of stare decisis no longer applies.
C)   the decision of a sub-ordinate court must always be followed, regardless of the specific facts of the case.
D)   decisions of the Supreme Court of Canada ought only be applied in federal cases.
E)   Provincial Court Judges have no authority to impose sentences in matters involving freedom of expression.F) None of the above
G) C) and D)

Question 15

The Charter of Rights and Freedoms expressly prohibits discrimination on the basis of sexual preference.

Accepted Answer

A) True 
 B)False

Question 16

Private clubs cannot discriminate as to who they will admit as members because discrimination by private facilities is prohibited by the legislation.

Accepted Answer

A) True 
 B)False

Question 17

Explain the limitations on the application of the Charter of Rights and Freedoms.

Accepted Answer

The Charter only applies to pu...

Question 18

Parliamentary supremacy is no longer completely in effect in Canada today.

Accepted Answer

A) True 
 B)False

Question 19

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?

Accepted Answer

A)   The passage of the Charter has increased the power of both parliament and the provincial legislatures.
B)   The passage of the Charter has shifted power from the federal to the provincial government.
C)   The Charter has shifted power from the provinces to the federal government.
D)   The passage of the Charter has increased the power of the courts.
E)   The passage of the Charter has shifted power from the courts to the parliament.F) C) and E)
G) C) and D)

Question 20

Which of the following is true in respect of delegation between the federal and provincial governments?

Accepted Answer

A)   Federal and provincial governments can delegate their powers to inferior bodies, such as boards and individual civil servants.
B)   Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business.
C)   The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government.
D)   The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government.
E)   There is no practical way for governments to overcome the prohibition against delegation.F) B) and E)
G) All of the above

Exam 2: Introduction to the Legal System

At a recent computer show,you heard a student trying to explain our legal system to a man who recently immigrated from Russia.Which one of the following statements he made is correct?

Correct AnswerverifiedShow Answer

The Charter of Rights and Freedoms expressly prohibits discrimination on the basis of sexual preference.

Correct AnswerverifiedShow Answer

The term "law" may be defined in a variety of ways.Explain.

Correct AnswerverifiedStudents should note that is not possibl...View AnswerShow Answer

In R.v.Keegstra,the Supreme Court of Canada stated that

Correct AnswerverifiedShow Answer

The common law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.

Correct AnswerverifiedShow Answer

Why is law important?

Correct AnswerverifiedIt determines how effectively ...View AnswerShow Answer

Which province in Canada continues to use a civil code system?

Correct AnswerverifiedShow Answer

Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?

Correct AnswerverifiedShow Answer

What role does the decision made by an Ontario Court of Appeal judge have on a B.C.Supreme Court judge?

Correct AnswerverifiedThe decision is merely persuas...View AnswerShow Answer

Parliamentary supremacy is no longer completely in effect in Canada today.

Correct AnswerverifiedShow Answer

While the Charter of Rights and Freedoms protects individuals' rights from government abuses,there is still no legislation to protect individuals' rights from abuse by the public.

Correct AnswerverifiedShow Answer

Once a bill has received royal assent,it may be effective immediately or it may be effective on later proclamation.

Correct AnswerverifiedShow Answer

Subordinate legislation includes regulations and municipal bylaws.

Correct AnswerverifiedShow Answer

Private clubs cannot discriminate as to who they will admit as members because discrimination by private facilities is prohibited by the legislation.

Correct AnswerverifiedShow Answer

Explain the limitations on the application of the Charter of Rights and Freedoms.

Correct AnswerverifiedThe Charter only applies to pu...View AnswerShow Answer

How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers?

Correct AnswerverifiedThrough such schemes,the feder...View AnswerShow Answer

Stare decisis is the Latin term for following the Code.

Correct AnswerverifiedShow Answer

Ms.Lott was required by a provision in the B.C.school act to retire from her position as an elementary teacher at the age of 65.She did not want to retire.She commenced an action against the school board.Which of the following is false with regard to this situation?

Correct AnswerverifiedShow Answer

Which of the following is true in respect of delegation between the federal and provincial governments?

Correct AnswerverifiedShow Answer

In which one of the following cases can the Supreme Court of Canada not override the will of the federal parliament?

Correct AnswerverifiedShow Answer

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Students should note that is not possibl...
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It determines how effectively ...
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The decision is merely persuas...
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The Charter only applies to pu...
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Through such schemes,the feder...
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