Law 2101 December Exam Questions With
Complete Answers
what are the most common sources of law in Canada - ANSWER Constitution
statutes enacted by the federal parliament or provincial legislature
federal/provincial regulations
decisions made by judges.
what is a statute - ANSWER a written law of a legislative body
in canada, what legislatures can a law be passed by? - ANSWER federal and provincial
legislatures
3 characteristics of a statute - ANSWER deals in generalities, can be enacted in
anticipation of events, does not rely on past decisions for its legitimacy
common law - ANSWER deals with changing social or legal conditions as they emerge in
disputes (cannot be enacted in anticipation)
why is common law at a disadvantage when confronting rapid social change - ANSWER
it is built up gradually
,acts passed by legislatures - ANSWER Most acts passed by legislatures provide a general
framework, the cabinet must fill in the blanks
what is it called when a cabinet makes the law more detailed - ANSWER delegated
legislation or regulations
who are regulations enacted by? - ANSWER Regulations are enacted by the cabinet
acting as governor in council - most regulations are tabled unless they involve issues like
national security
does the cabinet have much accountability to the legislature? - ANSWER no
procedural law - ANSWER court and pre-trial procedure and rules of evidence
eg. the law relating to how a criminal charge can be worded
substantive law - ANSWER the rights of the individual
eg. the law related to the parameters of self defence
public law - ANSWER concerned with matters that affect society as a whole, includes
criminal, constitutional, and administrative law
what relationships does public law deal with? - ANSWER the relationship between the
individual and society, and for the roles of different governments
,private law - ANSWER concerned with matters that affect society as a whole
what are some examples of what private law regulates? - ANSWER contracts, property
ownership, the rights and obligations of family members, damage to someone or their
property
what relationships does private law deal with? - ANSWER action between private parties
criminal case - ANSWER involves prosecution by the crown under a public law statute
such as the criminal code
federal parliament - ANSWER - Can make laws for all of Canada but only about matters
assigned to it in the constitution
- Deals with issues like trade between provinces, national defence, criminal law, money,
patents and the postal service
- Responsible for Nunavut, Yukon and NWT
Provincial/ Territorial legislature - ANSWER - Can make laws only about matters that are
within its jurisdiction (likely only within the provinces borders)
- Authority to make laws concerning education, property, civil rights, the administration
of justice, hospitals, municipalities, and other matters of a local or private nature.
municipal governments - ANSWER - Created under provincial law
, - Make bylaws related to local issues such as smoking, zoning, pesticide use, parking,
business regulations and construction permits
what is common law based on - ANSWER english law
civil law - ANSWER - based on roman law
- associated with a civil code --> contains a comprehensive statement of rules and
general principles to deal with any dispute that may arise
- looks first to code and secondly to past decisions
- deals with private law
the Quebec act - ANSWER - 1774 Canada became a Bijural country - one with 2 types of
law
- Common law is applied outside Quebec in matters of private law, while similar matters
in Quebec were to be dealt with under Civil -
Code law.
- For public law, common law is used in and out of Quebec .
Supreme court - ANSWER - highest court in Canada
- hears appeals from other courts
- constitutional questions are referred directly to the supreme court
- decisions are binding on all other Canadian courts
- not bound by past decisions but is reluctant to overrule them
Complete Answers
what are the most common sources of law in Canada - ANSWER Constitution
statutes enacted by the federal parliament or provincial legislature
federal/provincial regulations
decisions made by judges.
what is a statute - ANSWER a written law of a legislative body
in canada, what legislatures can a law be passed by? - ANSWER federal and provincial
legislatures
3 characteristics of a statute - ANSWER deals in generalities, can be enacted in
anticipation of events, does not rely on past decisions for its legitimacy
common law - ANSWER deals with changing social or legal conditions as they emerge in
disputes (cannot be enacted in anticipation)
why is common law at a disadvantage when confronting rapid social change - ANSWER
it is built up gradually
,acts passed by legislatures - ANSWER Most acts passed by legislatures provide a general
framework, the cabinet must fill in the blanks
what is it called when a cabinet makes the law more detailed - ANSWER delegated
legislation or regulations
who are regulations enacted by? - ANSWER Regulations are enacted by the cabinet
acting as governor in council - most regulations are tabled unless they involve issues like
national security
does the cabinet have much accountability to the legislature? - ANSWER no
procedural law - ANSWER court and pre-trial procedure and rules of evidence
eg. the law relating to how a criminal charge can be worded
substantive law - ANSWER the rights of the individual
eg. the law related to the parameters of self defence
public law - ANSWER concerned with matters that affect society as a whole, includes
criminal, constitutional, and administrative law
what relationships does public law deal with? - ANSWER the relationship between the
individual and society, and for the roles of different governments
,private law - ANSWER concerned with matters that affect society as a whole
what are some examples of what private law regulates? - ANSWER contracts, property
ownership, the rights and obligations of family members, damage to someone or their
property
what relationships does private law deal with? - ANSWER action between private parties
criminal case - ANSWER involves prosecution by the crown under a public law statute
such as the criminal code
federal parliament - ANSWER - Can make laws for all of Canada but only about matters
assigned to it in the constitution
- Deals with issues like trade between provinces, national defence, criminal law, money,
patents and the postal service
- Responsible for Nunavut, Yukon and NWT
Provincial/ Territorial legislature - ANSWER - Can make laws only about matters that are
within its jurisdiction (likely only within the provinces borders)
- Authority to make laws concerning education, property, civil rights, the administration
of justice, hospitals, municipalities, and other matters of a local or private nature.
municipal governments - ANSWER - Created under provincial law
, - Make bylaws related to local issues such as smoking, zoning, pesticide use, parking,
business regulations and construction permits
what is common law based on - ANSWER english law
civil law - ANSWER - based on roman law
- associated with a civil code --> contains a comprehensive statement of rules and
general principles to deal with any dispute that may arise
- looks first to code and secondly to past decisions
- deals with private law
the Quebec act - ANSWER - 1774 Canada became a Bijural country - one with 2 types of
law
- Common law is applied outside Quebec in matters of private law, while similar matters
in Quebec were to be dealt with under Civil -
Code law.
- For public law, common law is used in and out of Quebec .
Supreme court - ANSWER - highest court in Canada
- hears appeals from other courts
- constitutional questions are referred directly to the supreme court
- decisions are binding on all other Canadian courts
- not bound by past decisions but is reluctant to overrule them
