Deck 1: Law and Society

Question 1

The courts in Canada, among other things,

A) determine the validity of legislation.
B) interpret legislation passed by Parliament.
C) resolve disputes between private parties.
D) protect civil liberties.
E) all of the above

Answer 1

E

Question 2

A simple definition of law would be misleading because law is so

A) difficult to define.
B) diverse and complex.
C) bound up with the rule of law.
D) none of the above
E) all of the above

Answer 2

B

Question 3

Whenever a law is determined by a Court to be outside the jurisdiction of the legislature, and beyond its powers, the law or provision is said to be

A) a federal law.
B) the result of concurrent powers.
C) ultra vires and therefore void.
D) the result of residual power.
E) excess of jurisdiction and therefore invalid.

Answer 3

C

Question 4

When a court adopts the liberal approach to interpreting a statute

A) it discusses liberal issues to determine the meaning.
B) it examines the legislation in its larger context, including its purpose and those it will affect to determine the meaning.
C) it refers to dictionaries to determine the meaning.
D) it attempts to eliminate all ambiguity.
E) it examines the plain meaning of the legislation to determine its meaning.

Question 5

Laws are generally accepted and obeyed because

A) laws are just.
B) people in society should be able to rely on having a system of rules applied fairly to resolve disputes.
C) people in society should be able to rely on having their expectations met.
D) disobedience will be punished.
E) none of the above

Question 6

Legal positivism is concerned with

A) determining who rules every society.
B) determining the body of law that is.
C) describing the laws of society.
D) the normative laws of government.
E) none of the above

Question 7

Law is derived from a variety of sources. These include the Constitution, Legislation, and

A) Supreme Court of Canada and subordinate legislation.
B) the Cabinet.
C) court decisions handed down by judges.
D) media reports and other news.
E) statements made by Ministers and administrative rulings

Question 8

The Canadian Charter is said to be entrenched in the Canadian Constitution, this means that

A) it is a rule of the Canadian constitution that must be considered by judges only.
B) the rights set out in the Charter are absolute.
C) it is not part of the Human Rights Act.
D) Judges are given the authority to resolve Charter problems.
E) it cannot be repealed by an ordinary act of Parliament or of the provincial legislatures.

Question 9

Legislation is the name given to laws

A) made by members of the government.
B) that are made by Parliament and Provincial legislatures.
C) the general system of laws of a country.
D) that are made by Judges.
E) none of the above

Question 10

Section 15 of the Charter of Rights and Freedoms provides that "Every individual is equal before the law and under the law and has the right to the and of the law without discrimination. "

A) equal protection; equal access.
B) equal protection; equal benefit.
C) equal benefit; protection.
D) equal benefit; equal access.
E) equal protection; equal remedy.

Question 11

Section 15 of the Canadian Charter of Rights and Freedoms deals with

A) equality rights.
B) national politics.
C) the applicability of the Human Rights Act.
D) legal rights.
E) its application to citizens of the United States.

Question 12

The English philosopher who described law as the "command of the soveriegn" is

A) John Austin.
B) Jeremy Bentham.
C) David Hume.
D) Margaret Thatcher.
E) Socrates.

Question 13

Which one of the following is not part of the Canadian legal system?

A) court decisions
B) business ethics
C) constitution
D) statutes
E) administrative rulings

Question 14

We have and need law because

A) it protects persons and property and prohibits conduct that society believes is harmful.
B) it provides a framework within which freedoms can be exercised.
C) it enables parties make legally binding agreements that are enforceable in the courts.
D) it vests in the government the power to act for the benefit of all in society.
E) all of the above

Question 15

In a federal country such as Canada, the Supreme Court of Canada, and not Parliament, usually has the last word on the law because

A) the Supreme Court of Canada is made up of Judges that make law.
B) the Supreme Court of Canada is the highest court in the land.
C) there are two distinct levels of government.
D) Parliament only makes laws.
E) the judges of the Supreme Court of Canada are appointed by the federal government.

Question 16

According to natural law theorists, the legal principles on which laws of societies are based,

A) are founded on human laws.
B) are derived from principles of everyday life.
C) are derived from certain fundamental, immutable and moral principles.
D) are founded on the rule of law.
E) none of the above

Question 17

Section 33 of the Charter allows the Legislature to pass legislation which overrides the fundamental freedoms specified in the Charter only if

A) two- thirds of the provinces having at least 50% of the total population of Canada approve.
B) five years have passed since the legislation was first proposed.
C) a court determines that the freedoms can be overridden.
D) the legislation in question does not violate the Human Rights Act.
E) the legislation expressly declares that it "shall operate notwithstanding" a provision included in the Charter.

Question 18

Federalism is

A) the system of government that applies in the Province of Quebec.
B) the system of government in which power is divided between two levels of government.
C) the system of government that believes in health care for all.
D) the system of government in which the central government makes laws for all the people.
E) a system of government in which the various governments, such as feral and provincial, all come together to make laws for all the people.

Question 19

The Supreme Court of Canada performs several roles. One role it does NOT perform is

A) interpreter of legislation.
B) resolving disputes between private parties.
C) determining the validity of legislation.
D) protector of civil liberties.
E) an umpire between the various levels of government.

Question 20

Which of the following is True?

A) The Canadian Charter is separate from the Canadian constitution.
B) The Canadian Charter is entrenched in the constitution.
C) The Canadian Charter can be repealed by an ordinary Act of Parliament or of the Provincial Legislatures.
D) The Canadian Charter is part of the Human Rights Act.
E) The Canadian Charter also applies to US Citizens.

Question 21

A primary objective of the Charter of Rights and Freedoms is to ensure that business practices conform to basic human rights.

Question 22

In Canada, municipal government have the power to pass legislation.

Question 23

Which of the following is not part of the role or function of the courts?

A) to determine the validity of legislation
B) to arrest offenders
C) to interpret legislation
D) to resolve disputes between parties
E) to protect civil liberties

Question 24

"Law" is the same thing as "Justice".

Question 25

Which of the following is NOT true?

A) The Charter is entrenched in the Canadian Constitution.
B) Federal legislation takes precedence over the decisions of the Supreme Court of Canada.
C) Section 15 of the Charter is concerned with equality rights.
D) Supreme Court of Canada decisions take precedence over provincial legislation.
E) The Human Rights Acts of the provinces only apply between private persons and do not apply between private persons and governmental bodies.

Question 26

The literal approach to the interpretation of statutes, requires a consideration of the plain meaning of the provision of a statute.

Question 27

Affirmative action programs are permitted under the Charter of Rights and Freedoms.

Question 28

In a federal country such as Canada, the federal government has the authority to alter the structure of the provincial government.

Question 29

The rights prescribed in the Charter of Rights and Freedoms are absolute.

Question 30

Section 1 of the Charter of Rights and Freedoms says that the rights in the Charter are not absolute. Section 1

A) enables Parliament to override decision of the courts regarding the Charter
B) permits the Supreme Court of Canada to amend the Charter to conform to the values of a free and democratic society
C) allows the courts to decide whether it is necessary to infringe rights in order to maintain the values of a free and democratic society
D) enables provincial legislatures to override decisions of the courts regarding the Charter
E) none of the above

Question 31

The Canadian Charter of Rights and Freedom is entrenched in the Constitution. This means that it can be repealed by an ordinary Act of Parliament.

Question 32

If a statute states that it "shall operate notwithstanding" certain rights, this means that permission of parliament is needed to infringe on Charter rights.

Question 33

The requirement that unless a party to a legal proceedings is able to show facts and law to prove its case it will lose, is referred to as

A) the issue.
B) the proof.
C) the presumption.
D) the burden.
E) ultra vires.

Question 34

The basic law, according to modern legal theorists, is nothing more than a constitution that is habitually obeyed by members of the society.

Question 35

The Charter of Rights and Freedoms is not entrenched in the Constitution.

Question 36

Law that is made by government that establishes standards of behaviour and regulating human conduct is referred to as

A) positive law.
B) governmental law.
C) basic law.
D) natural law.
E) normative law.

Question 37

Whenever a provision in a law is found by a court to be outside the jurisdiction of the legislature, that provision is said to be ultra vires.

Question 38

The "notwithstanding" provision in the Charter of Rights and Freedoms is one that

A) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter if the provision specifically states that it shall operate notwithstanding the freedoms specified in the Charter.
B) allows a Court to decide that notwithstanding the fundamental freedoms specified in the Charter, the judgment of the court is supreme.
C) allows a legislature to pass a law that provides that notwithstanding the law that has been passed the Charter of Rights and Freedoms will still apply.
D) allows a legislature to pass laws that override the fundamental freedoms specified in the Charter.
E) allows a legislature to pass a law notwithstanding a court Order that prohibits it from doing so.

Question 39

Modern legal theorist have refined Austin's theory of law by substituting the idea of the "sovereign" with the notion of a "basic law."

Question 40

Which of the following is NOT a source of law?

A) Crown corporations
B) court decisions
C) administrative tribunals
D) the provincial legislatures
E) Parliament

Question 41

Explain Austin's theory of law, and the difficulty of applying it to a country such as Canada.

Question 42

Give four kinds of rights that are covered by the Canadian Charter of Rights and Freedoms.

Question 43

What is subordinate legislation?

Question 44

Legal theory draws a distinction between "is" and "ought". Explain.

Question 45

Explain the notion of concurrent powers as it pertains to the federal system of government in Canada.

Question 46

The Charter of Rights and Freedoms provides that all are entitled to certain fundamental freedoms. What are these fundamental freedoms? Are there any limits on these freedoms?

Question 47

What is the difference between a unitary and federal system of government?

Question 48

Explain the approaches that the courts in Canada use when they have to interpret legislation.

Question 49

All legal systems require that persons in society accept an assumptions as about laws. What is this assumption?

Question 50

None of the rights set out in the Canadian Charter of Rights and Freedoms is absolute. Explain.

Question 51

In a federal country such as Canada, the Supreme Court of Canada often has the last word. Explain.

Question 52

What is the rule of law?

Question 53

What is the difference between positive law and normative law?

Question 54

Explain how the introduction of the Charter of Rights and Freedoms increased the protection of human rights in Canada.