Question 1

What gives judges flexibility in deciding whether or not to apply a particular precedent?

Accepted Answer

While a judge cannot stray very far from...

Question 2

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

Accepted Answer

A)  The provincial cabinet
B)  The police
C)  A restaurant
D)  A human rights commission
E)  A municipal councilF) B) and D)
G) A) and D)

Question 3

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

Accepted Answer

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.F) A) and D)
G) A) and E)

Question 4

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

Accepted Answer

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.F) B) and C)
G) A) and E)

Question 5

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

Accepted Answer

Freedom of conscience,religion...

Question 6

Explain what role precedent plays in the civil code legal system.

Accepted Answer

Prior judges' decisi...

Question 7

When was the last time Quebec revised its Civil Code?

Accepted Answer

A new Civil Code in ...

Question 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

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.F) A) and B)
G) B) and E)

Question 10

What kind of democratic rights are protected under the Charter?

Accepted Answer

The right to vote,the requirem...

Question 11

What are some examples of powers that were given to the provincial governments under Section 92 of the Constitution Act,1867.

Accepted Answer

Hospitals,education,public hea...

Question 12

Which of the following statements best describes the law merchant?

Accepted Answer

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.F) B) and D)
G) C) and E)

Question 13

Stare decisis can contribute to stagnation.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

This is the "notwithstanding clause"; it...

Question 15

What is the effect of the passage of the Charter of Rights and Freedoms on the principle of supremacy of parliament?

Accepted Answer

Prior to passage of the Charter,reliance...

Question 16

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

Accepted Answer

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.F) A) and E)
G) A) and D)

Question 17

The common law courts refers to

Accepted Answer

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.F) A) and D)
G) B) and D)

Question 18

Explain the significance of the James Bay and Northern Quebec Agreement of 1975 and its companion Northeastern Quebec Agreement of 1978.

Accepted Answer

This resulted in the federal government ...

Question 19

What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms?

Accepted Answer

A "sunset clause" is applied t...

Question 20

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

Accepted Answer

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.F) A) and C)
G) A) and E)

Exam 2: Introduction to the Legal System

What are some examples of powers that were given to the provincial governments under Section 92 of the Constitution Act,1867.

Correct AnswerverifiedHospitals,education,public hea...View AnswerShow Answer

Explain what role precedent plays in the civil code legal system.

Correct AnswerverifiedPrior judges' decisi...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

What kind of democratic rights are protected under the Charter?

Correct AnswerverifiedThe right to vote,the requirem...View AnswerShow Answer

Which of the following statements best describes the law merchant?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedThis is the "notwithstanding clause"; it...View AnswerShow Answer

Stare decisis can contribute to stagnation.

Correct AnswerverifiedShow Answer

Explain the significance of the James Bay and Northern Quebec Agreement of 1975 and its companion Northeastern Quebec Agreement of 1978.

Correct AnswerverifiedThis resulted in the federal government ...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedFreedom of conscience,religion...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

The common law courts refers to

Correct AnswerverifiedShow Answer

When was the last time Quebec revised its Civil Code?

Correct AnswerverifiedA new Civil Code in ...View AnswerShow Answer

What gives judges flexibility in deciding whether or not to apply a particular precedent?

Correct AnswerverifiedWhile a judge cannot stray very far from...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms?

Correct AnswerverifiedA "sunset clause" is applied t...View AnswerShow Answer

What is the effect of the passage of the Charter of Rights and Freedoms on the principle of supremacy of parliament?

Correct AnswerverifiedPrior to passage of the Charter,reliance...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct Answer
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Hospitals,education,public hea...
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Correct Answer
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Prior judges' decisi...
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Correct Answer
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Correct Answer
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The right to vote,the requirem...
View Answer

Correct Answer
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Correct Answer
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This is the "notwithstanding clause"; it...
View Answer

Correct Answer
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Correct Answer
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This resulted in the federal government ...
View Answer

Correct Answer
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Correct Answer
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Freedom of conscience,religion...
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Correct Answer
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Correct Answer
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Correct Answer
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A new Civil Code in ...
View Answer

Correct Answer
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While a judge cannot stray very far from...
View Answer

Correct Answer
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Correct Answer
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A "sunset clause" is applied t...
View Answer

Correct Answer
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Prior to passage of the Charter,reliance...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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