Exam 2: Introduction to the Legal System

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Which of the following statements with respect to the power to prorogue (adjourn)Parliament is true?

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C

When an individual is faced with federal legislation and provincial legislation,both dealing with the same subject matter,which should he obey?

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If the federal legislation is valid,the provincial legislation is valid,and there is no conflict between them (that is,one just sets higher standards than the other),the individual must obey the higher standard.If there is a true conflict between them,however,the principle of paramountcy dictates that the federal legislation be followed.

Which of the following is an example of substantive law?

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D

Discuss any limitations on the application of the Charter of Rights and Freedoms.

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The theory of law that defined law in terms of what the courts actually do is called ________.

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Initially,human rights legislation was designed to stop discrimination against identifiable minority groups in specific areas,such as hotels and restaurants.

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Give an example of powers that are given to the Provincial government under Section 92 of the Constitutional Act,1867.

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A British Columbia judge is required to follow the decisions of a higher court in Alberta.

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What kind of rights are protected under the heading of mobility rights in the Charter?

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"In our modern legal system,the term 'equity' in synonymous with fairness." Discuss the accuracy of this statement.

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Explain the relationship between statutes,equity,and common law in our legal system,including a brief discussion on the historical development of these three major aspects of our law.

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Judges in a common law system base their decisions on other judges' decisions.

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Which of the following will override a particular provincial common law rule as articulated by a trial-court judge of the highest trial level court in the province?

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Which of the following statements is incorrect with respect to the application of the Charter of Rights and Freedoms?

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Why did we need the Charter of Rights and Freedoms?

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Explain what is meant by "stare decisis."

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Discuss why it is important for businesspeople to become familiar with the human rights legislation in force in your province.

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Which of the following was not one of the factors that led to the creation of the law of equity?

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Stare decisis can contribute to stagnation.

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Explain how the rights set up in the Charter of Rights and Freedoms are limited.

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