Deck 1: The Canadian Legal System

Question 1

Law and morality are the same thing.

Answer 1

False

Question 2

Substantive law is concerned with how legal institutions work.

Answer 2

False

Question 3

Which of the following is the most usable definition of law?

A)It is most useful to us to define law in terms of what we think people ought to do.
B)We must define law in terms of what people used to do.
C)We must define law in terms of what the courts or other agents of government will enforce.
D)We must define law in terms of what society needs people to do.
E)It is most useful to us to define law in terms of what people do.

Answer 3

C

Question 4

Risk avoidance involves anticipation of what can go wrong and taking steps to avoid that eventuality.

Question 5

What role does the civil code system of law play in Canada?

Question 6

Who are the parties in a civil action?

Question 7

Which of the following is correct with respect to the civil law system?

A)Quebec and New Brunswick use a system based on the French Civil Code.
B)The Civil Code as used in Quebec covers private disputes between individuals.
C)The Code is persuasive only and the judges are free to disregard it where the situation warrants.
D)The system used in Quebec is based on Justinian's code rather than the Napoleonic Code.
E)The Civil Code governs all legal matters arising in Quebec,including criminal actions.

Question 8

Identify the parties and their roles in a civil action.

Question 9

The appellant may be either the plaintiff or the defendant.

Question 10

Why is law important?

Question 11

Who brings a civil action?

Question 12

Distinguish between a criminal trial and a civil trial.

Question 13

Which of the following is incorrect regarding roles played in legal cases?

A)In a civil action,the person suing is the plaintiff.
B)In a civil action,the person being sued is the defendant.
C)In an appeal,the person filing the appeal is the appellant.
D)In a civil case,the appellant is the same as the defendant,but he or she is now in the appeals process.
E)In a criminal case,the victim is likely to have the status of a witness.

Question 14

A criminal matter is usually offensive conduct considered serious enough for the government to get involved and punish the wrongdoer.

Question 15

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

Question 16

Identify five ways in which companies can reduce legal risks in business transactions.

Question 17

When a client consults with a lawyer,the lawyer provides instruction and direction as to what to do.

Question 18

Which of the following statements with regard to the characteristics of civil and criminal actions is true?

A)The person who begins a civil action is usually called the prosecutor.
B)A civil action is a private action; that is,a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.
C)If a person is convicted of a criminal offence,he or she cannot also be sued in a civil action by the victim.
D)In a criminal case,an individual person is taking the action against the accused.
E)The prosecutor must prove his or her case based "upon a balance of probabilities."

Question 19

Civil law is based on a codified system.

Question 20

A person has the right to appeal a decision in a civil court.

Question 21

Which of the following is correct with respect to the law of equity?

A)Equity means fairness in our legal system.
B)Equity refers to the body of law created by the Court of Chancery.
C)The Court of Equity was essentially a common law court.
D)Equity no longer exists; the courts were merged.
E)Equity refers to the amount still owing on a debt.

Question 22

Stare decisis is the Latin term for following the code.

Question 23

Which of the following statements is correct with respect to the sources of our law?

A)The Courts of Chancery developed the law of contracts.
B)Equity is a system of law developed by the provincial legislatures.
C)The term stare decisis refers to the practice of following precedent,which forms the basis of our common law system.
D)The only province in which a judge is required to follow a comprehensive civil code is Ontario.
E)The common law derived aspects of the law of families and estates from the French Civil Code.

Question 24

"The term equity refers to fairness in our legal system." Discuss the accuracy of this statement.

Question 25

Explain what is meant by stare decisis.

Question 26

If a lawsuit is filed in Quebec after a runner carelessly bumps into another and causes injury,the judge would rely on precedent cases to determine the outcome of the case.

Question 27

Although the Court of Chancery and common law courts were merged,the bodies of law remain separate today.

Question 28

Common law judges in Canada often look to decisions from other,similar judicial systems,including Great Britain,the United States,Australia,and New Zealand; these decisions are not binding,although they can be persuasive on Canadian courts.

Question 29

The common law courts as developed by the king of England were used to impose the will of the sovereign on the people.

Question 30

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 that he made is correct?

A)Today,we are governed only by statutes passed by our elected representatives.
B)All of the provinces follow law that stemmed from the English common law.
C)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.
D)Judge-made law in England came from two traditions,civil law and parliamentary supremacy.
E)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.

Question 31

Explain what role precedent plays in the civil code system of law.

Question 32

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

Question 33

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

A)the need for a supplement to the common law
B)the adherence to precedent
C)The unpredictable outcome in the common law courts
D)stare decisis
E)rigidity in the common law courts

Question 34

The custom of following already decided cases is called:

A)substantive law.
B)procedural law.
C)res judicata.
D)stare decisis.
E)civil law system.

Question 35

The law of equity was developed in the Court of Chancery.

Question 36

Which of the following is false with respect to our court system? (Note: B.C.is used as an example here.)

A)The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies.
B)The lawyer arguing before the B.C.Supreme Court could cite a British case,but the judge is not bound to follow it.
C)There is no monetary limitation on the B.C.Supreme Court (i.e.,the case may involve any amount of money).
D)A negligence action,where the extent of damage is $1500,would most likely begin in the B.C.Provincial Court,small claims division.
E)A judge on the B.C.Court of Appeal is bound to follow the decision of a judge on the B.C.Supreme Court on an identical case.

Question 37

Which of the following is correct with respect to stare decisis in the common law?

A)Statutes play the same role as the code used in the French system.
B)It prevents a higher court from overruling a lower one.
C)It is based on trial by battle and trial by ordeal.
D)This term refers to the role played by the law of equity in our system.
E)It allows decisions of the courts to be set by precedent.

Question 38

Explain why the law of equity developed.

Question 39

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

Question 40

In the common law system,if a judge feels that the decision made by a judge in a higher court is wrong,he or she is free to disregard it.

Question 41

"Canada's Constitution is embodied in the British North America Act." Comment on the accuracy of this statement.

Question 42

Since the passage of the Constitution Act (1982),federal legislation in Canada no longer requires royal assent from the governor general.

Question 43

The body of law developed by the Court of Chancery is called ________.

Question 44

Which of the following statements about statutes is true?

A)A statute may be only federal.
B)Statutes apply only when there is no common law covering the situation.
C)Government regulations are considered supreme to statute law.
D)Statutes are laws created by legislative bodies.
E)Statutes often summarize or modify canon law.

Question 45

Which of the following will a judge not apply in a Canadian court?

A)constitutional law
B)equitable principles
C)statute law
D)common law principles
E)Roman law

Question 46

Give an example of powers that are given to the provincial government under section 92 of the Constitutional Act (1867).

Question 47

The law of equity was developed by ________.

Question 48

What is meant by a statute?

Question 49

Give examples of areas that fall under federal jurisdiction.

Question 50

Which of the following is incorrect regarding the development of common law in Canada?

A)Canon law (church law)influenced the development of common law in relation to the laws of wills and estates.
B)Common law was developed by the Court of Chancery.
C)Roman law influenced the development of common law in relation to property law.
D)The law merchant influenced the development of common law in relation to the law of negotiable instruments.
E)Common law is a body of rules based on cases developed in the common law courts.

Question 51

Which of the following is incorrect with respect to the Charter and the Constitution?

A)Canada is no longer required to go to the Parliament of England for any constitutional change.
B)The most significant accomplishment of the Constitution Act (1982)was to create a new court structure for Canada.
C)The BNA Act (Constitution Act [1867])divides power between the federal and provincial governments.
D)The provisions of the Charter of Rights and Freedoms guarantee us rights and freedoms that restrict both federal and provincial governments.
E)Rights such as freedom of expression are now constitutionally guaranteed.

Question 52

What is the significance of the Constitution Act (1867)?

Question 53

Explain why statutes override the common law.

Question 54

Uncle Max just emigrated to Canada and learned some things about our laws and constitution on the plane.Which of the following things he heard is true?

A)There are many aspects of our constitution that we have inherited from the United States.
B)The Charter of Rights and Freedoms,part of the Constitution Act (1982),has been entrenched in our constitution and therefore cannot be changed.
C)The Constitution Act (1982)was the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government.
D)Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning health and education in the province.
E)Our federal Parliament is supreme in enacting laws concerning municipalities.

Question 55

In addition to the federal and provincial governments,other bodies have the authority to make laws.Provide four examples of other bodies with this authority and limitations placed on the laws they create.

Question 56

In order to address the problem of illegal drugs being sold on university campuses across the country,the federal government passed a law allowing police officers to search student backpacks in order to seize any drugs found.The new law does not require that the police have any reasonable or probable grounds but rather allows them to search "whoever they want whenever they want." John Phillips was the first individual charged under the new law.His lawyer's attempt to have the law ruled unconstitutional will likely:

A)fail because illegal drug use is a serious issue on university campuses and the wide search powers constitute a reasonable exception to our Charter rights.
B)succeed.The law will be struck down and held to be void given the broad and unreasonable nature of the search and seizure powers violating John's legal rights under the Charter.
C)fail because the university also passed a by-law supporting the police entitlement to search backpacks and seize drugs.
D)fail because the federal government failed to employ the section 33 "notwithstanding" clause.
E)succeed because the federal government does not have the constitutional jurisdiction to make criminal law.

Question 57

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

Question 58

Which of the following is correct with respect to the role of statutes in our legal system?

A)Only the federal Parliament may enact statutes.
B)In Canada,most new laws follow the Civil Code legal system.
C)Where a properly passed provincial statute is in conflict with a well-established common law principle,the statute will be void.
D)Once a statute has been interpreted and applied in a court,a subsequent judge in a lower court is not required to follow that decision if he or she disagrees with it.
E)A statute,if it is clear and concise and properly passed,will always override common law and equity.

Question 59

Although the English-speaking provinces adopted the English legal system at different times in their history,they now have a common body of laws.

Question 60

An Ontario provincial court judge was forced to decide a case based on conflicting legal precedents from higher courts.One of the precedents had been set by the Ontario Court of Appeal.The other precedent had been set by the Alberta Court of Appeal.The Ontario provincial court judge elected to follow the Alberta Court of Appeal precedent.In these circumstances,the decision of the Ontario provincial court judge will likely be:

A)upheld on appeal because the judge clearly followed an existing precedent.
B)upheld on appeal because stare decisis only requires that a judge follow an earlier decision.
C)overturned on appeal because an inferior provincial court must follow the decision of a higher court within the province if faced with conflicting precedents elsewhere.
D)overturned on appeal because the judge failed to properly distinguish the cases before her.
E)stayed due to conflict of interest.

Question 61

Which of the following situations would be addressed on the basis of the Charter of Rights and Freedoms?

A)discrimination in hiring at the local coffee shop on the basis of a physical disability
B)denying a promotion at a provincial ministry on the basis of age
C)refusing apartment accommodation on the basis of a mental disability
D)refusing access to a concert on the basis of having no ticket
E)denying employment at a provincial ministry on the basis of inadequate academic preparation

Question 62

Which of the following is true with regard to our legal system?

A)Our constitution can be amended by the federal Parliament acting alone.
B)Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.
C)Case law overrides the statute law on the same point.
D)If a case were heard before a provincial trial-level court,the judge could apply legal principles and award only cash remedies.
E)An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal.

Question 63

Discuss why it is important for business people to become familiar with the human rights legislation in force in their province.

Question 64

Indicate what kind of fundamental freedoms are protected under the Charter.

Question 65

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

A)Common law overrides case law on the same point.
B)The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal Parliament.
C)A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.
D)The courts have no power to declare a provincial statute to be void; only federal statutes can be struck down by the courts.
E)The courts cannot affect the meaning of the statute through subsequent interpretation.

Question 66

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

A)Any provincial human rights legislation must comply with the provisions of the Charter.
B)The Charter applies to the federal and provincial governments.
C)The Charter takes precedence over Aboriginal treaty rights when there are inconsistencies between the two.
D)The provisions of the Charter apply only to government and to any government representative exercising a statutory power.
E)The Charter specifically prohibits discrimination on the basis of sexual orientation.

Question 67

What is meant by the Revised Statutes of Canada?

Question 68

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

Question 69

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

Question 70

Which of the following statements is correct with respect to our constitutional law?

A)The Constitution Act (1982)is the supreme law of Canada and overrides statutes.
B)The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867).
C)The Constitution Act (1982)was passed only by the English Parliament.
D)The Charter of Rights and Freedoms is entrenched and,as such,none of its provisions can be overridden by any level of government.
E)Both the federal and provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.

Question 71

Regarding the Charter of Rights and Freedoms,which of the following statements is true?

A)Any statute,by any level of government,no matter how inconsistent it is with the provisions of the Charter,is still considered binding on all Canadians.
B)Neither the federal government nor the provincial governments can change the provisions of the Charter without going through the constitutional amending process.
C)Any action by a government official that violates the provisions of the Charter is not actionable under the Charter.
D)The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada.
E)The Charter protects fundamental freedoms that apply only to relations between private citizens.

Question 72

Identify four prohibited discriminatory practices set out in the Canadian Human Rights Act.

Question 73

How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?

Question 74

With regard to the Constitution of Canada,which of the following is true?

A)Federal judges have been given the sole power to amend the Charter of Rights and Freedoms.
B)The Constitution provides for a single system of government.
C)The British Parliament can continue to pass legislation that affects Canada.
D)The Constitution Act (1982)contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
E)The Constitution Act (1982)outlines which matters can be dealt with only by the federal government.

Question 75

Explain the relationship between regulations and statutes.

Question 76

"An individual who is refused service at a restaurant because of his race has had his Charter rights violated." Comment on the accuracy of this statement.

Question 77

The Charter of Rights and Freedoms applies to which of the following?

A)the police
B)a municipal council
C)the provincial cabinet
D)a human rights commission
E)all of the above

Question 78

How does section 33 limit the rights set out in the Charter of Rights and Freedoms?

Question 79

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

Question 80

Discuss the significance of the passage of the Charter of Rights and Freedoms in Canada's legal system.