Exam 2: The Canadian Legal System

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Which of the following is a key feature of the judicial branch of government?

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Briefly describe the origins of the common law system and the civil law system as they exist in Canada and the comparable and contrasting characteristics of each system of law.

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The Quebec civil law system originated from the French legal system and was brought to Quebec by the French when they colonized the region.The Canadian common law system is rooted in England's legal system,which was established in all provinces excluding Quebec by the British when they conquered and colonized the Canadian regions of North America.The key principle of common law is that laws are interpreted and applied in decisions of the court known as judgments.Judgments become precedents,which form the body of case law that must be referred to and applied by every judge hearing a similar matter when making a legal determination in a similar dispute involving the same laws.The key principle of the civil law system is that the Quebec legislature makes civil law,and those laws are codified or compiled in one source known as the Civil Code.The judges' task in the civil code system is to find the specific provision in the code that applies to the case at hand,and to apply it to resolve the dispute.Civil code judges do not refer to past decisions at all.Both systems are designed to deliver constant,consistent justice.

The application of precedent in a common law system is subject to a number of rules.Outline the rules judges must apply when considering how much weight to give a precedent case.

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The rules governing the application of precedent to a particular case include the following:
• A lower court must follow a relevant precedent created by a higher court within the same jurisdiction.
• Not all precedents are of equal value-the higher the court that created the precedent,the more valued the decision is.
• The Supreme Court of Canada-the highest court in Canada-is entitled to decide a case in any way it sees fit.

What is the judicial branch of government in Canada composed of?

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In which areas is the federal government given exclusive jurisdiction to make law by the Canadian Constitution?

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The principle of precedent holds that all precedents are not of equal value,meaning the higher the level of court that created the precedent,the less weight it brings to bear on the common law system.

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What is the source of the law that governs lawmaking authority within the Canadian legal system?

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Which of the following is a feature of the superior courts?

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What are the three branches of government provided for by the Canadian Constitution?

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According to the doctrine of precedent,the Supreme Court of Canada-the highest court in Canada-is entitled to decide a case in any way it sees fit.

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Which of the following is a required element in the procedure for passing federal legislation through Parliament?

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A bill put before a legislative body represents a proposed piece of legislation that a political party wants to make into law.

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What are the rules of equity?

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Which legislative body in Canada is composed of the House of Commons and the Senate?

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Federal and provincial legislatures are constitutionally provided with the authority to appoint judges within specified judicial jurisdictions.

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What attribute distinguishes substantive law from other forms of law?

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Which legislative body (or bodies)in Canada is (are)generally the most involved with creating laws that regulate business activity?

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Public law deals with the regulation of relationships between individuals and government.

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Which of the following exemplifies the powers granted to a government with jurisdictional authority to regulate crime?

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Which of the following actions does royal prerogative give the Crown an exclusive right to perform in Canada?

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