Question 1

What is the judicial branch of government in Canada composed of?

Accepted Answer

A)   the system of various levels of courts in Canada
B)   the judiciary and the system of various levels of courts
C)   a judiciary appointed by the governor general
D)   the judiciary and federal and provincial prosecutorsE) A) and C)
F) A) and B)

Question 2

Why are provincial governments unable to pass criminal laws?

Accepted Answer

A)   Criminal laws are part of the Constitution and cannot be modified by the legislative branch.
B)   The doctrine of paramountcy dictates that the federal government law making power overrides provincially enacted laws.
C)   Criminal laws can only be enacted jointly by the federal and provincial legislative branches of government.
D)   Criminal law falls under federal jurisdiction.E) A) and B)
F) None of the above

Question 3

The government has failed to enact new legislation requiring appropriate warnings on water tobacco.Which statement best describes the legal obligation of the Canadian government to enact such legislation?

Accepted Answer

A)   The government has a constitutional obligation to enact legislation to protect the health of Canadians.
B)   A new law would help fulfill Canada's international treaty obligations.
C)   A new law cannot be enacted because it would interfere with freedom of expression,which is protected under section 2 (b) of the Canadian Charter of Rights and Freedoms.
D)   The government has no legal right to control how businesses choose to display a legal product,because such matters are private law,not public law.E) A) and B)
F) B) and D)

Question 4

Which statement best reflects the high value Canadians place on the political philosophy of liberalism?

Accepted Answer

A)   Canada regulates privacy with laws restricting government access to persons and property.
B)   Canadians have elected more majority Liberal governments than NDP or Conservative.
C)   Public outcry forced the Green Party leader's acceptance in federal election debates.
D)   Governments willingly and promptly comply with access to information requests.E) B) and C)
F) A) and C)

Question 5

A hospital board of directors granted absolute authority to physicians to arbitrarily withdraw life support from patients.The board's authority to grant such power was quickly challenged and overturned in the courts.What type of law had to be applied to constrain the hospital board's authority?

Accepted Answer

A)   criminal law
B)   constitutional law
C)   administrative law
D)   equity lawE) A) and C)
F) A) and D)

Question 6

In which areas is the federal government given exclusive jurisdiction to make law by the Canadian Constitution?

Accepted Answer

A)   currency,trade,national defence
B)   administration of justice,trade,national defence
C)   interprovincial trade and commerce,highway regulation,licensing
D)   criminal law,administration of justice,hospitalsE) A) and C)
F) B) and D)

Question 7

Which statement best describes the Indian Act?

Accepted Answer

A)   It empowers band councils to pass bylaws governing the reserve community in such areas as,for example,health,law and order,and the residence of band members.
B)   It confirms the right to hunt and fish on lands subject to aboriginal title.
C)   It has been struck down as unconstitutional.
D)   It affirms existing treaty rights.E) None of the above
F) A) and B)

Question 8

What are the basic levels of courts that make up the Canadian court system?

Accepted Answer

A)   trial,informal appeal,and final appeal courts
B)   trial,intermediate appeal,and final court of appeal
C)   informal trial,formal trial,and final appeal courts
D)   pretrial,trial,and appeal courtsE) A) and C)
F) B) and C)

Question 9

To which level of government would a business make an application for a property zoning variance,and why?

Accepted Answer

A)   municipal government; direct constitutional jurisdiction
B)   municipal government; concurrent constitutional jurisdiction
C)   municipal government; provincial constitutional delegation of authority
D)   federal government; exclusive jurisdiction to regulate zoningE) B) and D)
F) None of the above

Question 10

Which of the following is a key feature of the judicial branch of government?

Accepted Answer

A)   The judiciary is to be independent from the legislative and executive branches of government.
B)   The judiciary is composed of judges who are elected.
C)   The judiciary has jurisdiction over criminal law,including the power to define new crimes.
D)   The judiciary executes government policy and reforms statutory law.E) B) and C)
F) All of the above

Question 11

Briefly describe the circumstances under which the guarantee of Canadians' rights and freedoms provided under the Canadian Charter of Rights and Freedoms is permitted to be limited.

Accepted Answer

Limitation of the guarantee of Canada's ...

Question 12

Why is constitutional law described as the 'supreme law' of Canada?

Accepted Answer

A)   It protects individual freedom.
B)   It contains laws that impact all legal disputes.
C)   It cannot be overridden by the executive or legislative branch.
D)   It places limits on the exercise of power by the branches of government.E) A) and C)
F) C) and D)

Question 13

The application of precedent in a common law system is subject to a number of rules.Outline the rules judges must apply when considering how much weight to give a precedent case.

Accepted Answer

The rules governing the application of p...

Question 14

Which statement best describes the executive branch of government?

Accepted Answer

A)   The executive branch of government consists of the prime minister and the premiers of the provinces and territories.
B)   The executive branch of government provides rulings to resolve existing legal conflicts.
C)   The executive branch of government passes laws that impact business operations.
D)   The executive branch of government includes the formal executive and the political executive.E) B) and C)
F) A) and B)

Question 15

Section 1 of the Charter requires the government to justify why it is infringing a right,as well as to demonstrate that,in doing so,it is restricting the right in question in a reasonably measured,controlled,and appropriate way.

Accepted Answer

A) True 
 B)False

Question 16

How are the decisions of the Supreme Court of Canada best described?

Accepted Answer

A)   as binding on all other courts in all Canadian jurisdictions
B)   as limited to constitutional matters
C)   as binding only on the government
D)   as appeals from the Federal Court of CanadaE) B) and D)
F) None of the above

Question 17

Which of the following is an example of the law of equity?

Accepted Answer

A)   the "clean hands" principle
B)   the "decidendi" principle
C)   the "stare decisis" doctrine
D)   the "judicial discretion" principleE) A) and C)
F) A) and D)

Question 18

One of the defining features of the law of equity is that "anything goes,as long as it's fair."

Accepted Answer

A) True 
 B)False

Question 19

The new Criminal Code of Newfoundland would be enforced by the courts because it would not be contrary to the Canadian Constitution to do so.

Accepted Answer

A) True 
 B)False

Question 20

The Canadian Radio-television and Telecommunications Commission (CRTC)is an example of an administrative tribunal.

Accepted Answer

A) True 
 B)False

Exam 2: The Canadian Legal System

Section 1 of the Charter requires the government to justify why it is infringing a right,as well as to demonstrate that,in doing so,it is restricting the right in question in a reasonably measured,controlled,and appropriate way.

Correct AnswerverifiedShow Answer

To which level of government would a business make an application for a property zoning variance,and why?

Correct AnswerverifiedShow Answer

Which statement best reflects the high value Canadians place on the political philosophy of liberalism?

Correct AnswerverifiedShow Answer

Why is constitutional law described as the 'supreme law' of Canada?

Correct AnswerverifiedShow Answer

Why are provincial governments unable to pass criminal laws?

Correct AnswerverifiedShow Answer

One of the defining features of the law of equity is that "anything goes,as long as it's fair."

Correct AnswerverifiedShow Answer

Briefly describe the circumstances under which the guarantee of Canadians' rights and freedoms provided under the Canadian Charter of Rights and Freedoms is permitted to be limited.

Correct AnswerverifiedLimitation of the guarantee of Canada's ...View AnswerShow Answer

The government has failed to enact new legislation requiring appropriate warnings on water tobacco.Which statement best describes the legal obligation of the Canadian government to enact such legislation?

Correct AnswerverifiedShow Answer

How are the decisions of the Supreme Court of Canada best described?

Correct AnswerverifiedShow Answer

Which statement best describes the executive branch of government?

Correct AnswerverifiedShow Answer

Which of the following is a key feature of the judicial branch of government?

Correct AnswerverifiedShow Answer

Which statement best describes the Indian Act?

Correct AnswerverifiedShow Answer

The Canadian Radio-television and Telecommunications Commission (CRTC)is an example of an administrative tribunal.

Correct AnswerverifiedShow Answer

In which areas is the federal government given exclusive jurisdiction to make law by the Canadian Constitution?

Correct AnswerverifiedShow Answer

What are the basic levels of courts that make up the Canadian court system?

Correct AnswerverifiedShow Answer

A hospital board of directors granted absolute authority to physicians to arbitrarily withdraw life support from patients.The board's authority to grant such power was quickly challenged and overturned in the courts.What type of law had to be applied to constrain the hospital board's authority?

Correct AnswerverifiedShow Answer

The application of precedent in a common law system is subject to a number of rules.Outline the rules judges must apply when considering how much weight to give a precedent case.

Correct AnswerverifiedThe rules governing the application of p...View AnswerShow Answer

Which of the following is an example of the law of equity?

Correct AnswerverifiedShow Answer

The new Criminal Code of Newfoundland would be enforced by the courts because it would not be contrary to the Canadian Constitution to do so.

Correct AnswerverifiedShow Answer

What is the judicial branch of government in Canada composed of?

Correct AnswerverifiedShow Answer

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Limitation of the guarantee of Canada's ...
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The rules governing the application of p...
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