Deck 4: The Canadian Legal System

Question 1

Which of the following is the feature of justice that encompasses the notion that all people are equal before the law and entitled to the same rights and benefits?

A) Procedural fairness
B) Due process
C) Natural justice
D) Rule of law

Answer 1

Due process

Question 2

Civil law is a component of common law.

Answer 2

False

Question 3

Provincial or territorial laws, known as "statute laws," take priority over common law.

Answer 3

True

Question 4

The Parliament of Canada is the only body that can overturn a ruling by the Supreme Court of Canada.

Question 5

A nurse named in a lawsuit is involved in a preparatory legal proceeding, where it becomes apparent that the opponent has enough evidence to prove the case. What is this preparatory meeting called?

A) Documentary discovery
B) Examination for discovery
C) Pretrial conference
D) Disclosure

Question 6

Which of the following is considered an administrative tribunal?

A) A collective bargaining team
B) A nurses' association review board
C) An appellate court
D) A trial court

Question 7

Which of the following is being done by a judge when attempting to determine negligence by applying principles from previous precedents and elaborating on them before making a decision?

A) Naming a litigant
B) Developing common law
C) Developing civil law
D) Preparing the case for the superior court

Question 8

Which of the following are the three components of Canada's government?

A) The judicial branch, the executive branch, and the legislative branch
B) The parliamentary branch, the Supreme Court, and the Commonwealth Doctrine
C) The Commonwealth Doctrine, the executive branch, and the judicial branch
D) The Court of Appeal, the Queen, and all statute laws

Question 9

A superior court must use, on the basis of common law, the same principles and rules as would an inferior court to decide a case with similar circumstances.

Question 10

Which of the following is the most accurate description of jurisprudence in the Quebec legal system?

A) A body of precedent in Canadian common law that is superior to the civil code
B) A body of precedent in Quebec common law that is superior to the civil code
C) A body of precedent in the Canadian civil system that is inferior to the civil code
D) A body of precedent in the Quebec civil system that is inferior to the civil code

Question 11

Which of the following statements accurately describes statute law?

A) A set of reasons for a decision in a particular case based on decisions made in previous cases
B) A formal written set of rules passed by a legislative body
C) The absence of specific and applicable legal principles
D) A system of rules and doctrines developed over time

Question 12

Which of the following statements regarding the priority of a regulation is accurate?

A) An act is inferior to the regulation from which it flows.
B) The regulation is considered a guideline.
C) A regulation is known as "subordinate legislation."
D) A regulation is known as "inordinate legislation."

Question 13

Proof beyond a reasonable doubt exists when the judge or jury is satisfied that, based on the evidence, the accused committed the offence, and there is no real or logically compelling reason to believe otherwise.

Question 14

Which of the following statements is the most accurate with regard to the impact of an appeal of a judgement to an appellate court?

A) A new trial with new witnesses will be involved.
B) It must be referred to a higher provincial court.
C) The matter must be referred to the trial court.
D) No new witnesses will be called.

Question 15

When a legal decision is being made, which of the following source of common law has the highest degree of authority?

A) Doctrine
B) Case law
C) Statute law and regulations
D) Custom

Question 16

Which of the following statements accurately describes an indictable offence?

A) A "wrong" committed against another person under common law
B) A less serious type of criminal offence
C) The most serious type of offence under common law
D) The most serious type of criminal offence

Question 17

What are the two primary sources of common law?

A) Statute law and custom law
B) Doctrine and statute law
C) Civil code and case law
D) Case law and statute law