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Chapter 2 The Canadian Legal System
MULTIPLE CHOICE
a. | It sets a parliamentary code of ethics. |
b. | It creates structure for ceremonial policy. |
c. | It establishes Canadas deference to British Parliament. |
d. | It establishes Canadas structure of legal authority. |
ANS: D PTS: 1 DIF: Medium REF: 23
MSC: Evaluate
a. | Rules and regulations are periodically revised. |
b. | It is the machinery that regulates government. |
c. | It provides rulings that resolve existing disputes. |
d. | It can be overwhelming and very technical. |
ANS: A PTS: 1 DIF: Easy REF: 23
MSC: Understand
a. | Opposition to the change of law led to the fine; paying the fine saved interest. |
b. | Loxys is lobbying the government and must pay the fine to attend meetings. |
c. | Loxys is not concerned with compliance; fines are tax-deductible. |
d. | Ignorance of the law led to the fine; ignoring fines leads to harsher penalties. |
ANS: D PTS: 1 DIF: Medium REF: 23
MSC: Analyze
a. | The federal legislature has sole jurisdiction to create criminal law. |
b. | The municipal and provincial legislatures share concurrent jurisdiction. |
c. | The municipal governments receive delegated jurisdiction. |
d. | The provincial legislatures have exclusive jurisdiction. |
ANS: A PTS: 1 DIF: Easy REF: 25|26|27
MSC: Analyze
a. | civil law |
b. | statute law |
c. | private law |
d. | common law |
ANS: B PTS: 1 DIF: Medium REF: 25
MSC: Evaluate
a. | the Parliament of Canada |
b. | the House of Assembly of Nova Scotia |
c. | the Supreme Court of Canada |
d. | the Legislative Assembly of British Columbia |
ANS: A PTS: 1 DIF: Easy REF: 26
MSC: Remember
a. | the Legislative Assembly of British Columbia |
b. | the Parliament of Canada |
c. | the House of Assembly of Nova Scotia |
d. | the House of Commons |
ANS: D PTS: 1 DIF: Challenging REF: 26
MSC: Understand
a. | The federal law prevails, except in Quebec. |
b. | The superior law prevails. |
c. | Concurrent provincial law prevails. |
d. | The provincial law prevails. |
ANS: B PTS: 1 DIF: Medium REF: 27
MSC: Evaluate
a. | The Supreme Courts decision follows the doctrine of paramountcy. |
b. | The Courts decision does not apply in the province of Quebec. |
c. | Regulating language law falls within federal government jurisdiction. |
d. | The Supreme Courts decisions must uphold the public interest. |
ANS: A PTS: 1 DIF: Medium REF: 27
MSC: Understand
a. | majority vote by Commons committee and approval by Senate |
b. | quorum vote in the House of Commons and by the Senate |
c. | majority vote of the members in the House of Commons and in the Senate. |
d. | approval of the House of Commons and by the Senate committee |
ANS: C PTS: 1 DIF: Easy REF: 25
MSC: Analyze
a. | the federal and municipal governments |
b. | the Senates of the federal and provincial governments |
c. | the federal and provincial governments |
d. | the provincial and municipal governments |
ANS: D PTS: 1 DIF: Medium REF: 28
MSC: Understand
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, hospitals |
ANS: A PTS: 1 DIF: Medium REF: 26
MSC: Analyze
a. | federal; paramount jurisdiction |
b. | provincial; exclusive jurisdiction |
c. | municipal; concurrent jurisdiction |
d. | provincial; delegated jurisdiction |
ANS: B PTS: 1 DIF: Challenging REF: 27
MSC: Remember
a. | regulate criminal justice in the provinces |
b. | define crimes, establish precedents, and set penalties |
c. | define crimes, establish laws, and set penalties |
d. | regulate criminal sanctions in the Civil Code of Quebec |
ANS: C PTS: 1 DIF: Medium REF: 27
MSC: Understand
a. | passage by House of Commons; approval by Senate; royal assent. |
b. | passage by House of Commons; approval by Senate; royal consent |
c. | Senate approval; passage by the House of Commons |
d. | motion to House Committee; motion to Senate for approval |
ANS: A PTS: 1 DIF: Challenging REF: 30
MSC: Analyze
a. | parliamentary bills |
b. | constitutional law |
c. | the Civil Code |
d. | constitutional conventions |
ANS: B PTS: 1 DIF: Easy REF: 43
MSC: Remember
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 zoning |
ANS: C PTS: 1 DIF: Medium REF: 44
MSC: Evaluate
a. | the governor general of Canada |
b. | the reigning British monarch |
c. | the governor general in council |
d. | the prime minister of Canada |
ANS: B PTS: 1 DIF: Easy REF: 30
MSC: Evaluate
a. | the prime minister and the premiers of the provinces and territories |
b. | the prime minister together with the premiers of the provinces |
c. | the ministers of the various federal government departments |
d. | the prime minister and ministers of federal government departments. |
ANS: D PTS: 1 DIF: Challenging REF: 30
MSC: Remember
a. | the appointed governor general |
b. | Elizabeth II, as reigning Queen of England |
c. | the duly elected prime minister of Canada |
d. | the appointed chief senatorial officer |
ANS: C PTS: 1 DIF: Easy REF: 30
MSC: Remember
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 prosecutors |
ANS: B PTS: 1 DIF: Medium REF: 31
MSC: Evaluate
a. | collective of appointed judges |
b. | judicial common law |
c. | set of judicial regulations |
d. | collection of judge-made decisions |
ANS: A PTS: 1 DIF: Medium REF: 31
MSC: Remember
a. | Provinces have jurisdiction to appoint judges to superior courts. |
b. | The province can use parliarmentary perogative to appoint judges. |
c. | Provinces have jurisdiction to appoint judges to inferior courts. |
d. | Canadas governments share concurrent jurisdiction to appoint judges. |
ANS: C PTS: 1 DIF: Medium REF: 31
MSC: Understand
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. | pre-trial, trial, and appeal courts |
ANS: B PTS: 1 DIF: Challenging REF: 31|32
MSC: Analyze
a. | Freedom of association is excluded. |
b. | The Charter excludes freedom of action. |
c. | The Charter excludes freedom to protest. |
d. | Freedom of action is restricted.. |
ANS: B PTS: 1 DIF: Medium REF: 32|33
MSC: Evaluate
a. | common law |
b. | public opinion |
c. | Civil Code |
d. | royal prerogative |
ANS: B PTS: 1 DIF: Easy REF: 38|39|40
MSC: Remember
a. | to give politicians immunity |
b. | to overrule laws enacted by Parliament |
c. | to overturn decisions of the Supreme Court |
d. | to declare war on enemies of the state |
ANS: D PTS: 1 DIF: Medium REF: 38
MSC: Analyze
a. | Private law is based on a Civil Code. |
b. | It only applies in Quebec courts. |
c. | Individual freedoms are valued. |
d. | Like cases should be treated alike. |
ANS: D PTS: 1 DIF: Easy REF: 39
MSC: Remember
a. | Provincial courts will seek exemption under the notwithstanding clause. |
b. | The decision only applies to support cases outside of the province of Quebec. |
c. | Superior court decisions must be followed and applied by all inferior courts. |
d. | Courts apply the new law if it complies with the parties religious convictions. |
ANS: C PTS: 1 DIF: Challenging REF: 32
MSC: Evaluate
a. | what the strict rules of common law might dictate |
b. | law that governs relations between states |
c. | the internal set of laws of a given country |
d. | law governing agreements between states |
ANS: A PTS: 1 DIF: Medium REF: 39|40
MSC: Understand
a. | A treaty is the sole law governing relations between nations. |
b. | A treaty is a set of coded laws to regulate relations. |
c. | A treaty governs relationships between Canadas provinces. |
d. | A treaty can exist between nations governed by international law. |
ANS: D PTS: 1 DIF: Medium REF: 30
MSC: Remember
a. | lawyers with international litigation experience |
b. | international aid to pay for litigation costs |
c. | international legal status for Aboriginal treaties |
d. | negotiators for international dispute resolution |
ANS: C PTS: 1 DIF: Medium REF: 30
MSC: Analyze
a. | It defines rights, duties, and liabilities. |
b. | It defines international legal status. |
c. | It defines the relationship between governments. |
d. | It defines procedures under the Charter. |
ANS: A PTS: 1 DIF: Medium REF: 40
MSC: Analyze
a. | It is a set of law defining individual rights, duties, and liabilities. |
b. | It regulates the relationship between persons and governments. |
c. | It governs procedure for enforcement of rights, duties, and liabilities. |
d. | It governs procedure for enforcement of the Civil Code. |
ANS: C PTS: 1 DIF: Easy REF: 40
MSC: Remember
a. | It regulates relationships between governments and individuals. |
b. | It provides rules concerning rights and obligations of business. |
c. | It focuses on fairness according to strict rules of common law. |
d. | It contains the rules of law in the Civil Code of Quebec. |
ANS: A PTS: 1 DIF: Medium REF: 40
MSC: Analyze
a. | common law |
b. | corporate law |
c. | public law |
d. | private law |
ANS: D PTS: 1 DIF: Challenging REF: 40|41
MSC: Analyze
a. | the Civic Code of Quebec |
b. | the Quebec Civil Code |
c. | the Quebec Civil Law Code |
d. | the Civil Law Code |
ANS: B PTS: 1 DIF: Easy REF: 41
MSC: Remember
a. | Civil law courts are not bound by earlier interpretations of the code. |
b. | Civil law courts hear only matters of public law disputes. |
c. | Civil law judges are provincially elected for one five-year term. |
d. | Civil law courts do not have to consider legislation. |
ANS: A PTS: 1 DIF: Medium REF: 41
MSC: Remember
a. | criminal law |
b. | constitutional law |
c. | administrative law |
d. | equity law |
ANS: C PTS: 1 DIF: Challenging REF: 43|44
MSC: Understand
a. | the Securities Commission |
b. | the Board of Health |
c. | the Wheat Board |
d. | the Liquor Control Board |
ANS: C PTS: 1 DIF: Medium REF: 44
MSC: Understand
a. | the Radio, Television and Telecommunications Commission |
b. | the Securities Commission |
c. | the Food and Drug Agency |
d. | the Atomic Energy Commission |
ANS: B PTS: 1 DIF: Medium REF: 44
MSC: Understand
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 leaders acceptance in federal election debates. |
d. | Governments willingly and promptly comply with access to information requests. |
ANS: A PTS: 1 DIF: Medium REF: 23
MSC: Analyze
a. | provincial government |
b. | federal government |
c. | municipal government |
d. | federal and provincial governments |
ANS: A PTS: 1 DIF: Medium REF: 26
MSC: Analyze
a. | leave to appeal; significant or national concern |
b. | consent to appeal; provincial challenges |
c. | consent to appeal; jurisdiction |
d. | permission to appeal; national public concern |
ANS: A PTS: 1 DIF: Challenging REF: 32
MSC: Evaluate
a. | statement of code infraction |
b. | statement of complaint |
c. | statement of claim |
d. | statement of dispute |
ANS: C PTS: 1 DIF: Medium REF: 23
MSC: Remember
a. | legislative, executive, judicial |
b. | federal, provincial, municipal |
c. | legislative, executive, representative |
d. | legislative, representative, judicial |
ANS: A PTS: 1 DIF: Medium REF: 25
MSC: Analyze
TRUE/FALSE
ANS: F PTS: 1 DIF: Easy REF: 25|26|27
MSC: Remember
ANS: T PTS: 1 DIF: Medium REF: 23|24|25
MSC: Evaluate
ANS: T PTS: 1 DIF: Medium REF: 30
MSC: Evaluate
ANS: T PTS: 1 DIF: Medium REF: 26
MSC: Remember
ANS: T PTS: 1 DIF: Medium REF: 26
MSC: Remember
ANS: F PTS: 1 DIF: Medium REF: 31|32
MSC: Remember
ANS: F PTS: 1 DIF: Medium REF: 31
MSC: Remember
ANS: F PTS: 1 DIF: Easy REF: 32|33|34|35
MSC: Remember
ANS: T PTS: 1 DIF: Medium REF: 40|41
MSC: Remember
ANS: T PTS: 1 DIF: Medium REF: 31
MSC: Remember
ANS: T PTS: 1 DIF: Easy REF: 25
MSC: Remember
ANS: F PTS: 1 DIF: Easy REF: 27
MSC: Remember
ANS: F PTS: 1 DIF: Medium REF: 27
MSC: Remember
ANS: F PTS: 1 DIF: Medium REF: 27
MSC: Remember
ANS: T PTS: 1 DIF: Challenging REF: 27
MSC: Remember
ANS: T PTS: 1 DIF: Easy REF: 28
MSC: Remember
ANS: T PTS: 1 DIF: Easy REF: 37
MSC: Remember
ANS: F PTS: 1 DIF: Medium REF: 39
MSC: Remember
ANS: T PTS: 1 DIF: Medium REF: 39
MSC: Remember
ANS: F PTS: 1 DIF: Easy REF: 40
MSC: Remember
SHORT ANSWER
ANS:
Limitation of the guarantee of Canadas Charter rights and freedoms is allowed when the limitation is demonstrated to be justified and by the use of the notwithstanding clause contained in section 33 of the Charter.
PTS: 1 DIF: Easy REF: 35 MSC: Remember
ANS:
Businesses need to actively monitor government policy and regulations that affect how businesses are permitted to operate because either may be changed periodically. Awareness allows business to comply with laws and to attempt to influence development of policies and regulations to favour and further business interests. Being unaware of changes would result in noncompliance with regulations, levy of fines, or even closure of a business. Lack of awareness of government policy may also result in a missed opportunity to lobby government to change law or to take advantage of favourable change in law.
PTS: 1 DIF: Medium REF: 23 MSC: Remember
ANS:
It means that governmental power is split between the central, national authority and regional authorities. In Canada, the national authority is the federal government and the regional authorities are the provinces. Territories are provided with a form of limited self-government. Each authority is empowered to legislate within constitutionally defined jurisdictions and matters.
PTS: 1 DIF: Easy REF: 25|26 MSC: Remember
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