Deck 2: Introduction to the Legal System

Question 1

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

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

Answer 1

A

Question 2

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

A) The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by the Queen Victoria.
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) Our federal parliament is supreme in enacting laws concerning municipalities.
D) There are many aspects of our constitution we have inherited from the United States.
E) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning education and property in the province.

Answer 2

E

Question 3

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

A) The Supreme Court of Canada has the power to find the province didn't have the power to pass the statute, with the result that the statute would no longer be law.
B) The Supreme Court of Canada cannot strike down any statute passed by the federal parliament because "Parliament is supreme."
C) The courts cannot affect the meaning of the statute through subsequent interpretation.
D) A provincial statute cannot be struck down by the courts for being contrary to the Charter of Rights and Freedoms.
E) The statute law never overrides the case law on the same point.

Answer 3

A

Question 4

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 society needs people to do.
C) We must define law in terms of what people used to do.
D) It is most useful to us to define law in terms of what people do.
E) We must define law in terms of what the courts will enforce.

Question 5

Which of the following is correct with respect to the impact of the passage of the Charter of Rights and Freedoms in Canada?

A) Section 33 allows parliament or the legislature to override any provision of the Charter providing they clearly state they are doing so "notwithstanding" the specific provision of the Charter.
B) The Charter applies only to private disputes between individuals.
C) The passage of the Charter has placed no limits on the supremacy of parliament.
D) The passage of the Charter has given the judges more power than they had before its passage.
E) Section 1 of the Charter divides the powers between the federal and provincial governments.

Question 6

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

A) The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments.
B) The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees.
C) Any provincial human rights legislation must comply with the provisions of the Charter.
D) The Charter does not specifically prohibit discrimination on the basis of sexual preference.
E) The provisions of the Charter only apply to government and to any government representative exercising a statutory power.

Question 7

Which of the following is an example of substantive law?

A) The rule that establishes the type of document by which an action is commenced
B) The rule that a victim of fraud can sue
C) The rule that any action under $10,000 must be brought in the small claims court
D) The rule that a tort action must be commenced within 2 years of the action complained of
E) The rule that hearsay evidence is not permitted in a trial

Question 8

Which of the following is true with regard to Canada's Constitution?

A) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
B) The Charter of Rights and Freedoms is a part of the BNA Act (1867).
C) Our Constitution consists of only the Charter of Rights and Freedoms.
D) The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal parliament.
E) The Constitution Act (1982) requires British Parliament to amend it.

Question 9

Which of the following is true regarding categories of law?

A) Substantive law establishes the rights an individual has in society.
B) Substantive law determines how procedural laws will be enforced.
C) Procedural law establishes the limits on an individual's conduct.
D) Criminal law involves the rules that govern our personal, social, and business relations.
E) Private law includes constitutional law.

Question 10

Which of the following is a legal right under the Charter?

A) Everyone has the right to freedom of expression regardless if it interferes with the freedom of others.
B) Everyone has the right to not to be deprived of their property.
C) Everyone has the democratic right to vote regardless of age or mental capacity.
D) Everyone has the right to be employed.
E) Everyone has the right not to be exposed to any unreasonable search and seizure.

Question 11

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

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

Question 12

Which of the following is true regarding the history of the legal system used in England?

A) England alternately used common law and civil law legal systems, depending on the strength of the reigning king.
B) During times when power was decentralized, local lords, barons, or sheriffs would administer justice.
C) Historically, kings and nobles worked together to establish a common system of justice.
D) The early Norman kings failed to establish a feudal system, which allowed Roman civil law to take hold in England.
E) Strained relations between the English and French kingdoms explain why England adopted Roman civil law as its system of justice.

Question 13

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 he made is correct?

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

Question 14

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

A) The passage of the Charter has placed significant limitations on the power of the judiciary.
B) The passage of the Charter has increased the power of the courts.
C) The passage of the Charter has led the provincial and federal legislatures to become more activist in making law.
D) The passage of the Charter has shifted power from the federal to the provincial government.
E) The passage of the Charter has shifted power from the courts to parliament.

Question 15

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

A) Neither the Federal or Provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.
B) The Constitution Act (1982) was passed only by the English parliament.
C) The Constitution Act (1982) is the supreme law of Canada and overrides statutes.
D) The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government.
E) The Canadian Charter of Rights and Freedoms is part of the BNA Act (1867).

Question 16

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

A) The federal or provincial legislature cannot override a person's right to free speech.
B) The parliament or provincial legislature cannot override a section of the Charter.
C) The effect of the notwithstanding clause is to shift the power back to the judges.
D) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
E) Section 33 (the notwithstanding clause) only applies to all specified provisions of the Charter.

Question 17

In a CBC interview, a noted environmentalist said that if he were forced to choose between the lives of the last breeding pair of whales and those of a boatload of men who were out to kill them, he would sacrifice the men to save the whales. He cited the war-crimes trials after World War II for the principle that immoral laws should be resisted to protect "the higher good." This position exemplifies which one of the following?

A) Legal realism
B) Legal positivism
C) Natural law
D) The law of equity
E) The law of the sea

Question 18

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

A) Law defined in moral terms is a reflection of legal positivism.
B) Law defined in practical terms as to what the court will do is a reflection of legal positivism.
C) Law defined in terms of morality is a reflection of natural law theory.
D) Law defined in terms of authority is a reflection of legal realism.
E) Law defined in terms of authority is a reflection of natural law theory.

Question 19

Which of the following statements about statutes is true?

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

Question 20

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

A) Where a properly passed provincial statute is in conflict with a well-established common-law principle, the statute will be void.
B) Only the federal parliament may enact statutes.
C) A statute, if it is clear and concise and properly passed, will always override common law and equity.
D) In Canada, most new law follow the Civil Code legal system.
E) 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 disagrees with it.

Question 21

In R. v. Clough, the BC Court of Appeal stated that

A) decisions of the Supreme Court of Canada ought only be applied in federal cases.
B) the decision of a senior court must always be followed, regardless of the specific facts of the case.
C) the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided.
D) the doctrine of stare decisis no longer applies.
E) provincial Court Judges have no authority to impose sentences in matters involving criminal offences such as drug trafficking.

Question 22

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) Rigidity in the common law courts
D) Stare decisis
E) The outcome in the common law courts was unpredictable

Question 23

The custom of following already decided cases is called

A) civil law system.
B) Res judicata.
C) Ultra vires.
D) common law.
E) Stare decisis.

Question 24

In R. v. Keegstra, the Supreme Court of Canada stated that

A) the decision of a sub-ordinate court must always be followed, regardless of the specific facts of the case.
B) provincial Court Judges have no authority to impose sentences in matters involving freedom of expression.
C) the doctrine of stare decisis no longer applies.
D) decisions of the Supreme Court of Canada ought only be applied in federal cases.
E) although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms.

Question 25

The common-law courts refers to

A) the court of common pleas, the court of king's bench, and the chancery court.
B) the court of king's bench, the chancery court, and the exchequer court.
C) the court of king's bench, the chancery court, and the court of equity.
D) the court of common pleas, the chancery court, and the exchequer court.
E) the court of common pleas, the court of king's bench, and the exchequer court.

Question 26

In terms of the development of the common law legal system, which of the following is true?

A) Trial by ordeal involved armed combat between the litigants or their champions.
B) Traveling courts, established by weak kings, provided a relatively unattractive method of resolving disputes.
C) Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility.
D) Trial by battle involved some psychological test.
E) The courts of the nobles grew in power, eventually evolving into the modern courts of today.

Question 27

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

A) The code is binding and prior cases are just persuasive.
B) The Quebec Civil Code was most recently revised in 1985.
C) The code used in Quebec is a variant of Justinian's code rather than the Napoleonic Code.
D) Once judges make decisions based on the code, it is those decisions that are binding on other judges faced with similar problems.
E) The Civil Code used in Quebec is a direct copy of the Napoleonic code used in France.

Question 28

Which one of the following statements is not accurate with respect to the Canadian legal system?

A) The traditional supremacy of parliament to make law has been limited to some extent by the Charter of Rights and Freedoms.
B) The original Canadian Constitution is now known as the Constitution Act (1867).
C) The three major components of present Canadian law are the common law, equity, and statutes.
D) The principle of stare decisis provides that courts within a province are bound to follow previous decisions on the same legal point from the courts of other provinces.
E) The full normal route of a civil action is from a provincial trial court to a provincial Court of Appeal to the Supreme Court of Canada.

Question 29

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

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

Question 30

Which of the following is true in respect of delegation between the federal and provincial governments?

A) The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government.
B) Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business.
C) There is no practical way for governments to overcome the prohibition against delegation.
D) Federal and provincial governments can delegate their powers to inferior bodies, such as boards and individual civil servants.
E) The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government.

Question 31

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

A) Equity no longer exists; the courts were merged.
B) Equity refers to the amount still owing on a debt.
C) Equity refers to the body of law created by the Courts of Chancery.
D) The Court of Equity was one of the original common law courts along with the Court of King's Bench and the Court of the Exchequer.
E) Equity means fairness in our legal system.

Question 32

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

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

Question 33

Which of the following statements best describes the law merchant?

A) The law merchant is a body of law created by merchant guilds, which was incorporated into the common law.
B) The law merchant is a body of law designed to control trade practices.
C) The law merchant is another name for the Sale of Goods Act.
D) The law merchant was designed to protect consumers from unscrupulous merchants.
E) Our laws relating to consumer protection are derived from the law merchant.

Question 34

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

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

Question 35

Jake was charged with an offence. Which of the following could not be a legitimate defence in any circumstances?

A) The legislation violated his Charter rights.
B) He had a legal excuse for doing what he did.
C) The legislative branch of government is the proper body to hear criminal cases.
D) He did not do the act complained of.
E) The legislation creating the offence is beyond the authority of the body that created the offence.

Question 36

In which one of the following cases can the Supreme Court of Canada not override the will of the federal parliament?

A) Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms.
B) Parliament enacts legislation that is ultra vires.
C) Parliament enacts legislation in an area outside their jurisdiction.
D) Parliament enacts legislation that is not clear.
E) The Supreme Court of Canada disagrees with the substance of the legislation.

Question 37

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

A) Statute law
B) Roman law
C) Constitutional law
D) Common law principles
E) Equitable principles

Question 38

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

A) The Constitution Act (1982) contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
B) Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms.
C) The Constitution Act (1867) (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures).
D) The Constitution Act (1867) was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended.
E) Our Constitution provides for a federal system of government, i.e., for two levels of government, federal and provincial.

Question 39

Which one of the following is not generally recognized as a source of the common law?

A) The law of equity
B) Church (or canon) law
C) Local British customs and traditions
D) Roman civil law
E) The law merchant

Question 40

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?

A) A contrary ruling by an appeal court judge in another province
B) A contrary subsequent ruling by the Court of Appeal of the province
C) A new provincial statute to the contrary in another province
D) A similar subsequent ruling by a trial-court judge in another province
E) A contrary ruling by a small claims court judge

Question 41

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

A) Neither the federal and the provincial governments can change the provisions of the Charter without going through the constitution amending process.
B) The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada.
C) Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians.
D) Any action by a government official violating the provisions of the Charter is not actionable under the Charter.
E) The Charter protects fundamental freedoms that apply only to relations between private citizens.

Question 42

Which of the following is a right or freedom guaranteed in the Charter?

A) The right to own property
B) The right to vote in federal and provincial elections
C) The right to have your children educated in any language
D) The right to bear arms
E) The right to be assured of a minimum level of income

Question 43

In Rothmans, Benson & Hedges Inc. v. Saskatchewan, the Supreme Court of Canada

A) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
B) held that only the federal legislation was invalid.
C) held that only the provincial legislation was invalid.
D) concluded that the federal and provincial legislation were not in conflict; one simply went further than the other.
E) held that both the federal and provincial legislation were invalid.

Question 44

Which among the following was not a purpose of the Constitution Act (1982)?

A) To list government enactments having constitutional status
B) To place some limitations on the supremacy of parliament
C) To guarantee individual rights
D) To redefine the role of the queen and her representative, the Governor General
E) To protect individuals against acts of governments or their agencies that infringe on their rights

Question 45

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

A) The passage of the Charter has increased the power of both parliament and the provincial legislatures.
B) The passage of the Charter has increased the power of the courts.
C) The Charter has shifted power from the provinces to the federal government.
D) The passage of the Charter has shifted power from the courts to the parliament.
E) The passage of the Charter has shifted power from the federal to the provincial government.

Question 46

Which of the following is correct with respect to limitations on the Charter?

A) It cannot be used by a resident who is not a citizen of Canada.
B) Interference with rights must be justifiable in a free and democratic society.
C) It only applies to the federal government.
D) It only applies to government employees.
E) It does not protect the rights of aboriginal people.

Question 47

The Charter of Rights and Freedoms does not apply to which of the following?

A) A municipal council
B) The provincial cabinet
C) The police
D) A restaurant
E) A human rights commission

Question 48

In Chatterjee. v. Ontario, the Supreme Court of Canada

A) unanimously upheld the provincial law, since the dominant feature related to "property and civil rights", a provincial matter.
B) held that only the federal legislation was invalid.
C) held that only the provincial legislation was invalid.
D) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
E) held that both the federal and provincial legislation were invalid.

Question 49

In Maple Ridge District v. Meyers, the Supreme Court of Canada

A) concluded that the Maple Ridge District government was well within its Constitutional rights.
B) held that there was no gender discrimination.
C) found that neither section 1 nor section 15 of the Charter could be applied to actions of the government.
D) determined that the section 15 equality rights of females had not been infringed.
E) struck down the legislative competence of Maple Ridge bylaw down as ultra vires.

Question 50

Which of the following statements is correct with respect to human rights laws in Canada?

A) From a business point of view, the Charter is much more important than the provincial human rights legislation.
B) All employers have an obligation to accommodate all of the religious practices and disabilities of their employees.
C) Human rights in the federal area are protected by the federal human rights commission, which enforces the Canadian Bill of Rights.
D) Protection against discrimination on the basis of sexual orientation is recent and not yet specified in some human rights statutes.
E) Federal and provincial human rights commissions are courts, and the commissioners are superior court judges with the rights and powers associated with that office.

Question 51

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

A) The Charter does not specifically prohibit discrimination on the basis of sexual preference.
B) Any provincial human rights legislation must comply with the provisions of the Charter.
C) The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments.
D) The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees.
E) The provisions of the Charter only apply to government and to any government representative exercising a statutory power.

Question 52

Which of the following is true regarding human rights?

A) Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies.
B) Human rights protection applies to all areas, without restriction.
C) There is still no legislative protection against sexual harassment.
D) All remaining legal issues concerning human rights protection of same-sex relationships have been resolved.
E) Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations.

Question 53

Which of the following is true with regard to Canada's Constitution?

A) Our Constitution consists of only the Charter of Rights and Freedoms.
B) The British North America Act of 1867, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal parliament.
C) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
D) The Charter of Rights and Freedoms is a part of the BNA Act (1867).
E) The Constitution Act (1982) requires British Parliament to amend it.

Question 54

Which of the following is correct with respect to language rights as set out in the Charter?

A) Everyone in Canada has the right to have their child educated in their choice of English or French where numbers warrant.
B) Everyone in Canada has the right to have all federal and provincial government services provided in both English and French where numbers warrant.
C) Only Canadian citizens have the right to have their children educated in their choice of English or French where numbers warrant.
D) Everyone in Canada has the right to have all federal and provincial government services provided in both French and English no matter where they are.
E) Only federal government services must be provided in both English and French.

Question 55

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

A) The decision to prorogue Parliament is specified in the Charter of Rights and Freedoms.
B) The Queen has exclusive power to prorogue Parliament.
C) The decision of whether to prorogue Parliament, or not rests with the Governor General.
D) The decision of whether to prorogue Parliament, or not rests with the Prime Minister.
E) The Governor General has the power to prorogue Parliament, but only if the Opposition party agrees.

Question 56

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

A) The federal or provincial legislature cannot override a person's right to free speech.
B) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.
C) The effect of the notwithstanding clause is to shift the power back to the judges.
D) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
E) The parliament or provincial legislature can only override a section of the Charter under the notwithstanding clause if they clearly state they are doing so and then wait 5 years before implementing the provision.

Question 57

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

A) When evidence is obtained in violation of a person's Charter rights, the court may exclude that evidence.
B) The court is free to impose any remedy for a Charter violation that it considers appropriate.
C) The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right.
D) The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter.
E) The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor.

Question 58

Which one of the following is a Charter right that the provinces could not override through the use of the notwithstanding clause (Section 33 of the Charter)?

A) The right to move anywhere you want in Canada
B) The right to be told why you are being arrested
C) The right to worship who, how, or what you wish
D) The right to not be discriminated against because you are black
E) The right not to be subjected to any cruel or unusual punishment

Question 59

Ms. Lott was required by a provision in the B.C. school act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is false with regard to this situation?

A) The federal legislature is the proper body to decide if the provincial school act is lawful.
B) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.
C) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
D) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
E) The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act), can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.

Question 60

Which of the following is not a legal right under the Charter?

A) Everyone has the right to be presumed innocent until proven guilty.
B) Everyone has the right not to be subjected to any cruel and unusual punishment.
C) Everyone has the right, if acquitted of an offence, not be tried for it again.
D) Everyone has the right not to be arrested or detained without being told why.
E) Everyone has the right not to be deprived of life, liberty, and security.

Question 61

Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law.

Question 62

The common-law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.

Question 63

The law of equity simply means fairness in our legal system.

Question 64

In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

A) concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer.
B) determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred.
C) held that religious discrimination is acceptable in the workplace.
D) found that the employer was required to take reasonable steps to accommodate the religious practices of an employee.
E) decided that only certain religions are worthy of protection under human rights legislation.

Question 65

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

Question 66

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

Question 67

Canon law refers to the law created by the Church.

Question 68

Civil law is based on a codified system.

Question 69

Which of the following is true regarding human rights legislation?

A) Human rights commissions cannot deal with complaints arising from business interactions.
B) Material on the Internet is exempt from the application of human rights legislation.
C) The mandate of human rights commissions is to encourage the government to follow principles of equality.
D) Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.
E) Canada's first-ever human rights complaint concerning an Internet hate site involved Ernst Zundel.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Question 70

The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts.

Question 71

Stare decisis can contribute to stagnation.

Question 72

Stare decisis is the Latin term for following the Code.

Question 73

In our 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 74

Law and morality are the same thing.

Question 75

Common law is also known as judge-made law.

Question 76

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

Question 77

The legal philosophy that defines law in terms of the authority of the person who passed it is called legal realism.

Question 78

Subordinate legislation includes regulations and municipal bylaws.

Question 79

Substantive law deals with rules that establish a structure for enforcing rights and obligations.

Question 80

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