Deck 2: Introduction to the Legal System

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

A) Rigidity in the common law courts
B) Stare decisis
C) The need for a supplement to the common law
D) Unpredictable outcomes in the common law courts
E) The adherence to precedent
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Question
Which one of the following is not generally recognized as a source of the common law?

A) The law of equity
B) The law merchant
C) Local British customs and traditions
D) Roman civil law
E) Church (or canon) law
Question
The custom of following already decided cases is called

A) stare decisis.
B) a civil law system.
C) a common law.
D) res judicata.
E) ultra vires.
Question
The common law courts refers to

A) the Court of Common Pleas, the Court of King's Bench, and the Exchequer Court.
B) the Court of Common Pleas, the Chancery Court, and the Exchequer Court.
C) the Court of King's Bench, the Chancery Court, and the Exchequer Court.
D) the Court of Common Pleas, the Court of King's Bench, and the Chancery Court.
E) the Court of King's Bench, the Chancery Court, and the Court of Equity.
Question
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 terms of authority is a reflection of legal realism.
C) Law defined in practical terms as to what the court will do is a reflection of legal positivism.
D) Law defined in terms of morality is a reflection of natural law theory.
E) Law defined in terms of authority is a reflection of natural law theory.
Question
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 of the following?

A) Legal realism
B) Legal positivism
C) The law of the sea
D) Natural law
E) The law of equity
Question
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 code is persuasive only and judges are free to disregard it where the situation warrants.
C) The system used in Quebec is based on Justinian's code rather than the Napoleonic Code.
D) The Civil Code governs all legal matters arising in Quebec including criminal actions.
E) The Civil Code as used in Quebec covers private disputes between individuals.
Question
Which of the following will a judge not apply in a Canadian court?

A) Equitable principles
B) Common law principles
C) Statute law
D) Roman law
E) Constitutional law
Question
Which of the following is true regarding categories of law?

A) Substantive law establishes the rights an individual has in society.
B) Private law includes constitutional law.
C) Criminal law involves the rules that govern our personal, social, and business relations.
D) Substantive law determines how procedural laws will be enforced.
E) Procedural law establishes the limits on an individual's conduct.
Question
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 prevents a higher court from overruling a lower one.
C) It allows decisions of the courts to be predictable.
D) Our statutes play the same role as the code used in the French system.
E) This term refers to the role played by the law of equity in our system.
Question
Which of the following is an example of substantive law?

A) The rule that a tort action must be commenced within 2 years of the action complained of
B) The rule that establishes the type of document by which an action is commenced
C) The rule that hearsay evidence is not permitted in a trial
D) The rule that a victim of fraud can sue
E) A rule that any action under $50,000 may be brought in the small claims court
Question
Which one of the following statements is not accurate with respect to the Canadian legal system?

A) The three major components of present Canadian law are the common law, equity, and statutes.
B) The traditional supremacy of parliament to make law has been limited to some extent by the Charter of Rights and Freedoms.
C) 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.
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 original Canadian Constitution is now known as the Constitution Act (1867).
Question
Which of the following is correct with respect to the law of Quebec?

A) The Civil Code used in Quebec is a direct copy of the Napoleonic code used in France.
B) The code is binding and prior cases are just persuasive.
C) The Quebec Civil Code was most recently revised in 1985.
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 code used in Quebec is a variant of Justinian's code rather than the Napoleonic Code.
Question
Which of the following is correct with respect to the law of equity?

A) Equity no longer exists.
B) Equity means fairness in our legal system.
C) 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.
D) Equity refers to the body of law created by the Courts of Chancery.
E) Equity refers to the amount still owing on a debt.
Question
In R. v. Keegstra, the Supreme Court of Canada stated that

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

A) The law merchant is a body of law designed to control trade practices.
B) The law merchant is a body of law created by merchant guilds, part of which was incorporated into the common law.
C) The law merchant was designed to protect consumers from unscrupulous merchants.
D) Our laws relating to consumer protection are derived from the law merchant.
E) The law merchant is another name for the Sale of Goods Act.
Question
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) It is most useful to us to define law in terms of what people do.
C) We must define law in terms of what the courts or other government bodies will enforce.
D) We must define law in terms of what society needs people to do.
E) We must define law in terms of what people used to do.
Question
Which of the following will override a particular province's common-law rule as articulated by a trial-court judge of the highest trial level court in the province?

A) A contrary subsequent ruling by the Court of Appeal of the province
B) A new provincial statute to the contrary in another province
C) A contrary ruling by a small claims court judge
D) A similar subsequent ruling by a trial-court judge in another province
E) A contrary ruling by an appeal court judge in another province
Question
In terms of the development of the common law legal system, which of the following is true?

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

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

A) All the provinces follow law that stemmed from the English common law.
B) The chief characteristic of the common law is the theory of precedent. That is, judges are bound by decisions of judges of the same or higher courts in that jurisdiction on the same point of law.
C) Today, we are governed by statutes passed by our elected representatives as well as by judge-made law.
D) Judge-made law in England came from two traditions, civil law and parliamentary supremacy.
E) 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.
Question
Which of the following statements is correct with respect to our constitutional law?

A) Neither the federal nor provincial governments can ignore protections 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 can override statutes.
D) The Canadian Charter of Rights and Freedoms is part of the BNA Act, 1867.
E) The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government.
Question
Jake was charged with an offence. Which of the following could not be a legitimate defence in any circumstances?

A) The legislation creating the offence is beyond the authority of the body that created the offence.
B) The legislation violated his Charter rights.
C) He had a legal excuse for doing what he did.
D) The legislative branch of government is the proper body to hear criminal cases.
E) He did not do the act complained of.
Question
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 Charter of Rights and Freedoms, part of the Constitution Act, 1982, has been entrenched in our constitution and therefore cannot be changed.
B) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning education and property in the province.
C) Our federal parliament is supreme in enacting laws concerning municipalities.
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 Queen Elizabeth.
E) There are many aspects of our constitution we have inherited from the United States.
Question
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) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.
C) Our constitution can be amended by the federal parliament acting alone.
D) If a case were heard before a provincial trial level court, the judge could apply legal principles and award only cash remedies.
E) Case law overrides the statute law on the same point.
Question
In which one of the following cases can the Supreme Court of Canada not override laws of the federal parliament?

A) Parliament enacts legislation that is ultra vires.
B) Parliament enacts legislation in an area outside their jurisdiction.
C) Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms.
D) Parliament enacts legislation that is not clear.
E) The Supreme Court of Canada disagrees with the substance of the legislation.
Question
Which of the following is true with regard to Canada's Constitution?

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 our federal parliament.
B) The Charter of Rights and Freedoms is a part of the BNA Act, 1867.
C) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
D) The Constitution Act, 1982 requires British Parliament to amend it.
E) Our Constitution consists of only the Charter of Rights and Freedoms.
Question
Which of the following is true with regard to Canada's Constitution?

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 our federal parliament.
B) The Charter of Rights and Freedoms is a part of the BNA Act, 1867.
C) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
D) The Constitution Act, 1982 requires British Parliament to amend it.
E) Our Constitution consists of only the Charter of Rights and Freedoms.
Question
Which of the following is correct with respect to the impact of the passage of the Charter of Rights and Freedoms in Canada?

A) The passage of the Charter has given judges more power than they had before its passage.
B) The passage of the Charter has placed no limits on the supremacy of parliament.
C) 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.
D) Section 1 of the Charter divides powers between the federal and provincial governments.
E) The Charter applies only to private disputes between individuals.
Question
Which among the following was not a purpose of the Constitution Act, 1982?

A) To list government enactments having constitutional status
B) To guarantee individual rights
C) To place some limitations on the supremacy of parliament
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
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 British Parliament can continue pass legislation that affects Canada's laws.
D) The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
E) Federal judges have been given the sole power to amend the Charter of Rights and Freedoms.
Question
Which of the following is correct with respect to the role of statutes in our legal system?

A) A statute, if it is clear and concise and properly passed, will always override common law and equity.
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 disagrees with it.
E) Only the federal parliament may enact statutes.
Question
Which of the following is a legal right under the Charter?

A) Everyone has the right to not to be deprived of their property.
B) Everyone has the right to be employed.
C) Everyone has the right to freedom of expression, regardless of whether it interferes with the freedom of others.
D) Everyone has the right not to be exposed to any unreasonable search and seizure.
E) Everyone has the democratic right to vote, regardless of age or mental capacity.
Question
Which of the following statements is correct with respect to the sources of our law?

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

A) Statutes only apply when there is no common law covering the situation.
B) Statutes often summarize or modify canon law.
C) A statute may be only federal.
D) Government regulations are considered supreme to statute law.
E) Statutes are laws created by legislative bodies.
Question
Which of the following is true regarding delegation between the federal and provincial governments?

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

A) Statute law never overrides case law on the same point.
B) 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 operative as a law.
C) The courts cannot affect the meaning of the statute through subsequent interpretation.
D) The Supreme Court of Canada cannot strike down any statute passed by the federal parliament because "Parliament is supreme."
E) A provincial statute cannot be struck down by the courts for being contrary to the Charter of Rights and Freedoms.
Question
In Rothmans, Benson & Hedges Inc. v. Saskatchewan, the Supreme Court of Canada

A) concluded that the federal and provincial legislation were not in conflict. One simply went further than the other.
B) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
C) held that only the provincial legislation was invalid.
D) held that only the federal legislation was invalid.
E) held that both the federal and provincial legislation were invalid.
Question
Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true?

A) The decision of whether to prorogue Parliament or not rests with the Prime Minister.
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 to prorogue Parliament is specified in the Charter of Rights and Freedoms.
E) The Governor General has the power to prorogue Parliament, but only if the opposition party agrees.
Question
With regard to the Constitution of Canada, which of the following is False?

A) Our Constitution provides for a federal system of government (i.e., for two levels of government, federal and provincial).
B) 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).
C) 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.
D) The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
E) Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms.
Question
Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

A) The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor.
B) The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter.
C) The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right.
D) When evidence is obtained in violation of a person's Charter rights, the court must exclude that evidence.
E) The court is free to impose any remedy for a Charter violation that it considers appropriate.
Question
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) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
B) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
C) 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.
D) The federal legislature is the proper body to decide if the provincial School Act is lawful.
E) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.
Question
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 shifted power from the federal to the provincial government.
C) The passage of the Charter has increased the power of the courts.
D) The passage of the Charter has led the provincial and federal legislatures to become more activist in making law.
E) The passage of the Charter has shifted power from the courts to parliament.
Question
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 not to be subjected to any cruel or unusual punishment
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 to be told why you are being arrested
Question
The ________ applies to abuses in sectors regulated by federal legislation, such as the broadcast and telecommunications industries. Similar provincial statutes apply only in areas controlled by provincial legislation.

A) Canadian Human Rights Act
B) Constitution Act, 1867
C) Charter of Rights and Freedoms
D) Meech Lake Accord
E) Constitution Act, 1982
Question
Which of the following is a right or freedom guaranteed in the Charter?

A) The right to own property
B) The right to have your children educated in any language
C) The right to bear arms
D) The right to vote in federal and provincial elections
E) The right to be assured of a minimum level of income
Question
Which of the following is correct with respect to limitations on the Charter?

A) Interference with rights must be justifiable in a free and democratic society.
B) It cannot be used by a resident who is not a citizen of Canada.
C) It does not protect the rights of aboriginal people.
D) It only applies to government employees.
E) It only applies to the federal government.
Question
Regarding the Charter of Rights and Freedoms, which of the following statements is true?

A) Neither the federal nor the provincial governments can change the provisions of the Charter without going through the constitution amending process.
B) Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians.
C) Any action by a government official violating 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
Which of the following is not a legal right under the Charter?

A) Everyone has the right not to be deprived of life, liberty, and security.
B) Everyone has the right not to be arrested or detained without being told why.
C) Everyone has the right to be presumed innocent until proven guilty.
D) Everyone has the right, if acquitted of an offence, not be tried for it again.
E) Everyone has the right not to be subjected to any cruel and unusual punishment.
Question
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 shifted power from the federal government to the provincial governments.
C) The Charter has shifted power from the provinces to the federal government.
D) The passage of the Charter has increased the power of the courts.
E) The passage of the Charter has shifted power from the courts to the parliament.
Question
Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

A) statutes
B) human rights tribunals
C) constitutional tribunals
D) legislation
E) language rights tribunals
Question
In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

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

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

A) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
D) 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.
E) The effect of the notwithstanding clause is to shift the power back to the judges.
Question
Which of the following statements is correct with respect to human rights laws in Canada?

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

A) prohibition
B) abuse
C) discrimination
D) human rights
E) fundamental freedom
Question
Which of the following is correct with respect to the Charter of Rights and Freedoms?

A) Section 33 (the notwithstanding clause) applies to all protections in the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
D) The parliament or provincial legislature cannot override a section of the Charter.
E) The effect of the notwithstanding clause is to shift the power back to the judges.
Question
The Charter of Rights and Freedoms does not apply to which of the following?

A) The provincial cabinet
B) The police
C) A restaurant
D) A human rights commission
E) A municipal council
Question
Which of the following is true regarding human rights legislation?

A) The mandate of human rights commissions is to encourage the government to follow principles of equality.
B) Material on the Internet is exempt from the application of human rights legislation.
C) Human rights commissions cannot deal with complaints arising from business interactions.
D) Canada's first-ever human rights complaint concerning an Internet hate site involved Ernst Zundel.
E) Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.
Question
Where protection against discrimination on the basis of ________ has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.

A) sexual orientation
B) marriage
C) gender
D) publications
E) freedom of speech
Question
The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts.
Question
A British Columbia Provincial Court judge is required to follow the decisions of a higher court in Alberta.
Question
The legal philosophy that defines law in terms of the authority of the person who passed it is called legal realism.
Question
Canon law refers to the law created by the Church.
Question
Stare decisis is the Latin term for following the Code.
Question
Parliamentary supremacy is no longer completely in effect in Canada today.
Question
Judges in a common-law system base their decisions on other judges' decisions.
Question
Stare decisis can contribute to stagnation.
Question
Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law.
Question
The law of equity was developed in the Court of Chancery.
Question
Civil law is based on a codified system.
Question
Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.
Question
Common law is also known as judge-made law.
Question
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
Although the Courts of Chancery and common-law courts were merged, the bodies of law remain separate today.
Question
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
Substantive law deals with rules that establish a structure for enforcing rights and obligations.
Question
Law and morality are the same thing.
Question
Subordinate legislation includes regulations and municipal bylaws.
Question
The law of equity simply means fairness in our legal system.
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Deck 2: Introduction to the Legal System
1
Which of the following was not one of the factors that led to the creation of the law of equity?

A) Rigidity in the common law courts
B) Stare decisis
C) The need for a supplement to the common law
D) Unpredictable outcomes in the common law courts
E) The adherence to precedent
D
2
Which one of the following is not generally recognized as a source of the common law?

A) The law of equity
B) The law merchant
C) Local British customs and traditions
D) Roman civil law
E) Church (or canon) law
A
3
The custom of following already decided cases is called

A) stare decisis.
B) a civil law system.
C) a common law.
D) res judicata.
E) ultra vires.
A
4
The common law courts refers to

A) the Court of Common Pleas, the Court of King's Bench, and the Exchequer Court.
B) the Court of Common Pleas, the Chancery Court, and the Exchequer Court.
C) the Court of King's Bench, the Chancery Court, and the Exchequer Court.
D) the Court of Common Pleas, the Court of King's Bench, and the Chancery Court.
E) the Court of King's Bench, the Chancery Court, and the Court of Equity.
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5
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 terms of authority is a reflection of legal realism.
C) Law defined in practical terms as to what the court will do is a reflection of legal positivism.
D) Law defined in terms of morality is a reflection of natural law theory.
E) Law defined in terms of authority is a reflection of natural law theory.
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6
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 of the following?

A) Legal realism
B) Legal positivism
C) The law of the sea
D) Natural law
E) The law of equity
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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 code is persuasive only and judges are free to disregard it where the situation warrants.
C) The system used in Quebec is based on Justinian's code rather than the Napoleonic Code.
D) The Civil Code governs all legal matters arising in Quebec including criminal actions.
E) The Civil Code as used in Quebec covers private disputes between individuals.
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8
Which of the following will a judge not apply in a Canadian court?

A) Equitable principles
B) Common law principles
C) Statute law
D) Roman law
E) Constitutional law
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9
Which of the following is true regarding categories of law?

A) Substantive law establishes the rights an individual has in society.
B) Private law includes constitutional law.
C) Criminal law involves the rules that govern our personal, social, and business relations.
D) Substantive law determines how procedural laws will be enforced.
E) Procedural law establishes the limits on an individual's conduct.
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10
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 prevents a higher court from overruling a lower one.
C) It allows decisions of the courts to be predictable.
D) Our statutes play the same role as the code used in the French system.
E) This term refers to the role played by the law of equity in our system.
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11
Which of the following is an example of substantive law?

A) The rule that a tort action must be commenced within 2 years of the action complained of
B) The rule that establishes the type of document by which an action is commenced
C) The rule that hearsay evidence is not permitted in a trial
D) The rule that a victim of fraud can sue
E) A rule that any action under $50,000 may be brought in the small claims court
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12
Which one of the following statements is not accurate with respect to the Canadian legal system?

A) The three major components of present Canadian law are the common law, equity, and statutes.
B) The traditional supremacy of parliament to make law has been limited to some extent by the Charter of Rights and Freedoms.
C) 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.
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 original Canadian Constitution is now known as the Constitution Act (1867).
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13
Which of the following is correct with respect to the law of Quebec?

A) The Civil Code used in Quebec is a direct copy of the Napoleonic code used in France.
B) The code is binding and prior cases are just persuasive.
C) The Quebec Civil Code was most recently revised in 1985.
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 code used in Quebec is a variant of Justinian's code rather than the Napoleonic Code.
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14
Which of the following is correct with respect to the law of equity?

A) Equity no longer exists.
B) Equity means fairness in our legal system.
C) 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.
D) Equity refers to the body of law created by the Courts of Chancery.
E) Equity refers to the amount still owing on a debt.
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15
In R. v. Keegstra, the Supreme Court of Canada stated that

A) although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms.
B) the doctrine of stare decisis no longer applies.
C) the decision of a subordinate court must always be followed, regardless of the specific facts of the case.
D) decisions of the Supreme Court of Canada ought only be applied in federal cases.
E) provincial Court judges have no authority to impose sentences in matters involving freedom of expression.
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16
Which of the following statements best describes the law merchant?

A) The law merchant is a body of law designed to control trade practices.
B) The law merchant is a body of law created by merchant guilds, part of which was incorporated into the common law.
C) The law merchant was designed to protect consumers from unscrupulous merchants.
D) Our laws relating to consumer protection are derived from the law merchant.
E) The law merchant is another name for the Sale of Goods Act.
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17
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) It is most useful to us to define law in terms of what people do.
C) We must define law in terms of what the courts or other government bodies will enforce.
D) We must define law in terms of what society needs people to do.
E) We must define law in terms of what people used to do.
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18
Which of the following will override a particular province's common-law rule as articulated by a trial-court judge of the highest trial level court in the province?

A) A contrary subsequent ruling by the Court of Appeal of the province
B) A new provincial statute to the contrary in another province
C) A contrary ruling by a small claims court judge
D) A similar subsequent ruling by a trial-court judge in another province
E) A contrary ruling by an appeal court judge in another province
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19
In terms of the development of the common law legal system, which of the following is true?

A) Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility.
B) Trial by battle involved some psychological test.
C) Trial by ordeal involved armed combat between the litigants or their champions.
D) Travelling courts, established by weak kings, provided a relatively unattractive method of resolving disputes.
E) The courts of the nobles grew in power, eventually evolving into the modern courts of today.
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20
Which of the following is true regarding the history of the legal system used in England?

A) Strained relations between the English and French kingdoms explain why England adopted Roman civil law as its system of justice.
B) Historically, kings and nobles worked together to establish a common system of justice.
C) The early Norman kings failed to establish a feudal system, which allowed Roman civil law to take hold in England.
D) England alternately used common law and civil law legal systems, depending on the strength of the reigning king.
E) During times when power was decentralized, local nobles would administer justice.
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21
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 student's statements, below, is correct?

A) All the provinces follow law that stemmed from the English common law.
B) The chief characteristic of the common law is the theory of precedent. That is, judges are bound by decisions of judges of the same or higher courts in that jurisdiction on the same point of law.
C) Today, we are governed by statutes passed by our elected representatives as well as by judge-made law.
D) Judge-made law in England came from two traditions, civil law and parliamentary supremacy.
E) 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.
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22
Which of the following statements is correct with respect to our constitutional law?

A) Neither the federal nor provincial governments can ignore protections 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 can override statutes.
D) The Canadian Charter of Rights and Freedoms is part of the BNA Act, 1867.
E) The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government.
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23
Jake was charged with an offence. Which of the following could not be a legitimate defence in any circumstances?

A) The legislation creating the offence is beyond the authority of the body that created the offence.
B) The legislation violated his Charter rights.
C) He had a legal excuse for doing what he did.
D) The legislative branch of government is the proper body to hear criminal cases.
E) He did not do the act complained of.
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24
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 Charter of Rights and Freedoms, part of the Constitution Act, 1982, has been entrenched in our constitution and therefore cannot be changed.
B) Our constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning education and property in the province.
C) Our federal parliament is supreme in enacting laws concerning municipalities.
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 Queen Elizabeth.
E) There are many aspects of our constitution we have inherited from the United States.
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25
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) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.
C) Our constitution can be amended by the federal parliament acting alone.
D) If a case were heard before a provincial trial level court, the judge could apply legal principles and award only cash remedies.
E) Case law overrides the statute law on the same point.
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26
In which one of the following cases can the Supreme Court of Canada not override laws of the federal parliament?

A) Parliament enacts legislation that is ultra vires.
B) Parliament enacts legislation in an area outside their jurisdiction.
C) Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms.
D) Parliament enacts legislation that is not clear.
E) The Supreme Court of Canada disagrees with the substance of the legislation.
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27
Which of the following is true with regard to Canada's Constitution?

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 our federal parliament.
B) The Charter of Rights and Freedoms is a part of the BNA Act, 1867.
C) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
D) The Constitution Act, 1982 requires British Parliament to amend it.
E) Our Constitution consists of only the Charter of Rights and Freedoms.
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28
Which of the following is true with regard to Canada's Constitution?

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 our federal parliament.
B) The Charter of Rights and Freedoms is a part of the BNA Act, 1867.
C) The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
D) The Constitution Act, 1982 requires British Parliament to amend it.
E) Our Constitution consists of only the Charter of Rights and Freedoms.
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29
Which of the following is correct with respect to the impact of the passage of the Charter of Rights and Freedoms in Canada?

A) The passage of the Charter has given judges more power than they had before its passage.
B) The passage of the Charter has placed no limits on the supremacy of parliament.
C) 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.
D) Section 1 of the Charter divides powers between the federal and provincial governments.
E) The Charter applies only to private disputes between individuals.
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30
Which among the following was not a purpose of the Constitution Act, 1982?

A) To list government enactments having constitutional status
B) To guarantee individual rights
C) To place some limitations on the supremacy of parliament
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
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31
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 British Parliament can continue pass legislation that affects Canada's laws.
D) The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
E) Federal judges have been given the sole power to amend the Charter of Rights and Freedoms.
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32
Which of the following is correct with respect to the role of statutes in our legal system?

A) A statute, if it is clear and concise and properly passed, will always override common law and equity.
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 disagrees with it.
E) Only the federal parliament may enact statutes.
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33
Which of the following is a legal right under the Charter?

A) Everyone has the right to not to be deprived of their property.
B) Everyone has the right to be employed.
C) Everyone has the right to freedom of expression, regardless of whether it interferes with the freedom of others.
D) Everyone has the right not to be exposed to any unreasonable search and seizure.
E) Everyone has the democratic right to vote, regardless of age or mental capacity.
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34
Which of the following statements is correct with respect to the sources of our law?

A) Equity is a system of law developed by the provincial legislatures.
B) The common law derived aspects of the law of families and estates from the French Civil Code.
C) The only province in which a judge is required to follow a comprehensive civil code is Ontario.
D) The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system.
E) The Courts of Chancery developed the law of contracts.
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35
Which of the following statements about statutes is true?

A) Statutes only apply when there is no common law covering the situation.
B) Statutes often summarize or modify canon law.
C) A statute may be only federal.
D) Government regulations are considered supreme to statute law.
E) Statutes are laws created by legislative bodies.
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36
Which of the following is true regarding delegation between the federal and provincial governments?

A) Federal and provincial governments can delegate their powers to inferior bodies, such as their boards and individual civil servants.
B) Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business.
C) The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government.
D) The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government.
E) There is no practical way for governments to overcome the prohibition against delegation.
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37
With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

A) Statute law never overrides case law on the same point.
B) 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 operative as a law.
C) The courts cannot affect the meaning of the statute through subsequent interpretation.
D) The Supreme Court of Canada cannot strike down any statute passed by the federal parliament because "Parliament is supreme."
E) A provincial statute cannot be struck down by the courts for being contrary to the Charter of Rights and Freedoms.
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38
In Rothmans, Benson & Hedges Inc. v. Saskatchewan, the Supreme Court of Canada

A) concluded that the federal and provincial legislation were not in conflict. One simply went further than the other.
B) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
C) held that only the provincial legislation was invalid.
D) held that only the federal legislation was invalid.
E) held that both the federal and provincial legislation were invalid.
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39
Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true?

A) The decision of whether to prorogue Parliament or not rests with the Prime Minister.
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 to prorogue Parliament is specified in the Charter of Rights and Freedoms.
E) The Governor General has the power to prorogue Parliament, but only if the opposition party agrees.
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40
With regard to the Constitution of Canada, which of the following is False?

A) Our Constitution provides for a federal system of government (i.e., for two levels of government, federal and provincial).
B) 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).
C) 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.
D) The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
E) Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms.
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41
Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?

A) The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor.
B) The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter.
C) The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right.
D) When evidence is obtained in violation of a person's Charter rights, the court must exclude that evidence.
E) The court is free to impose any remedy for a Charter violation that it considers appropriate.
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42
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) A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
B) The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
C) 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.
D) The federal legislature is the proper body to decide if the provincial School Act is lawful.
E) The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.
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43
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 shifted power from the federal to the provincial government.
C) The passage of the Charter has increased the power of the courts.
D) The passage of the Charter has led the provincial and federal legislatures to become more activist in making law.
E) The passage of the Charter has shifted power from the courts to parliament.
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44
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 not to be subjected to any cruel or unusual punishment
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 to be told why you are being arrested
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45
The ________ applies to abuses in sectors regulated by federal legislation, such as the broadcast and telecommunications industries. Similar provincial statutes apply only in areas controlled by provincial legislation.

A) Canadian Human Rights Act
B) Constitution Act, 1867
C) Charter of Rights and Freedoms
D) Meech Lake Accord
E) Constitution Act, 1982
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46
Which of the following is a right or freedom guaranteed in the Charter?

A) The right to own property
B) The right to have your children educated in any language
C) The right to bear arms
D) The right to vote in federal and provincial elections
E) The right to be assured of a minimum level of income
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47
Which of the following is correct with respect to limitations on the Charter?

A) Interference with rights must be justifiable in a free and democratic society.
B) It cannot be used by a resident who is not a citizen of Canada.
C) It does not protect the rights of aboriginal people.
D) It only applies to government employees.
E) It only applies to the federal government.
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48
Regarding the Charter of Rights and Freedoms, which of the following statements is true?

A) Neither the federal nor the provincial governments can change the provisions of the Charter without going through the constitution amending process.
B) Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians.
C) Any action by a government official violating 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.
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49
Which of the following is not a legal right under the Charter?

A) Everyone has the right not to be deprived of life, liberty, and security.
B) Everyone has the right not to be arrested or detained without being told why.
C) Everyone has the right to be presumed innocent until proven guilty.
D) Everyone has the right, if acquitted of an offence, not be tried for it again.
E) Everyone has the right not to be subjected to any cruel and unusual punishment.
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50
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 shifted power from the federal government to the provincial governments.
C) The Charter has shifted power from the provinces to the federal government.
D) The passage of the Charter has increased the power of the courts.
E) The passage of the Charter has shifted power from the courts to the parliament.
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51
Both the federal and the provincial governments have set up special ________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.

A) statutes
B) human rights tribunals
C) constitutional tribunals
D) legislation
E) language rights tribunals
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52
In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada

A) held that religious discrimination is acceptable in the workplace.
B) found that the employer was required to take reasonable steps to accommodate the religious practices of an employee.
C) concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer.
D) decided that only certain religions are worthy of protection under human rights legislation.
E) determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred.
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53
Which of the following is true regarding human rights?

A) Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations.
B) Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies.
C) Human rights protection applies to all areas, without restriction.
D) There is still no legislative protection against sexual harassment.
E) All remaining legal issues concerning human rights protection of same-sex relationships have been resolved.
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54
Which of the following is correct with respect to the Charter of Rights and Freedoms?

A) Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
D) 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.
E) The effect of the notwithstanding clause is to shift the power back to the judges.
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55
Which of the following statements is correct with respect to human rights laws in Canada?

A) Protection against discrimination on the basis of sexual orientation is recent and not yet written in some human rights statutes.
B) All employers have an obligation to accommodate all of the religious practices and disabilities of their employees.
C) Federal and provincial human rights commissions are courts, and the commissioners are superior court judges with the rights and powers associated with that office.
D) From a business point of view, the Charter is much more important than the provincial human rights legislation.
E) Human rights in the federal area are protected by the federal human rights commission, which enforces the Canadian Bill of Rights.
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56
Protection against sexual harassment exists because sexual harassment is regarded as a form of ________ on the basis of gender.

A) prohibition
B) abuse
C) discrimination
D) human rights
E) fundamental freedom
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57
Which of the following is correct with respect to the Charter of Rights and Freedoms?

A) Section 33 (the notwithstanding clause) applies to all protections in the Charter.
B) The federal or provincial legislature cannot override a person's right to free speech.
C) The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
D) The parliament or provincial legislature cannot override a section of the Charter.
E) The effect of the notwithstanding clause is to shift the power back to the judges.
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58
The Charter of Rights and Freedoms does not apply to which of the following?

A) The provincial cabinet
B) The police
C) A restaurant
D) A human rights commission
E) A municipal council
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59
Which of the following is true regarding human rights legislation?

A) The mandate of human rights commissions is to encourage the government to follow principles of equality.
B) Material on the Internet is exempt from the application of human rights legislation.
C) Human rights commissions cannot deal with complaints arising from business interactions.
D) Canada's first-ever human rights complaint concerning an Internet hate site involved Ernst Zundel.
E) Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.
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60
Where protection against discrimination on the basis of ________ has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.

A) sexual orientation
B) marriage
C) gender
D) publications
E) freedom of speech
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61
The Courts of Chancery originally followed stare decisis and precedent, as did the common-law courts.
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62
A British Columbia Provincial Court judge is required to follow the decisions of a higher court in Alberta.
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63
The legal philosophy that defines law in terms of the authority of the person who passed it is called legal realism.
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64
Canon law refers to the law created by the Church.
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65
Stare decisis is the Latin term for following the Code.
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66
Parliamentary supremacy is no longer completely in effect in Canada today.
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67
Judges in a common-law system base their decisions on other judges' decisions.
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68
Stare decisis can contribute to stagnation.
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69
Stare decisis in the common-law system plays the same role as the code in the French system, lending predictability to the law.
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70
The law of equity was developed in the Court of Chancery.
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71
Civil law is based on a codified system.
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72
Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.
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73
Common law is also known as judge-made law.
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74
The common-law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.
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75
Although the Courts of Chancery and common-law courts were merged, the bodies of law remain separate today.
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76
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.
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77
Substantive law deals with rules that establish a structure for enforcing rights and obligations.
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78
Law and morality are the same thing.
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79
Subordinate legislation includes regulations and municipal bylaws.
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80
The law of equity simply means fairness in our legal system.
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