Test Bank Questions with complete Solutions for Public Law 100% Pass
What is law? - Answers A body of rules enforceable in the courts. It operates in a social setting.
What is Public Law? - Answers Regulates relations between the state and individuals as well as society at
large.
Can take the form of constitutional norms (written rules - constitutions 1967&1982, Westminster Accord
1931, unwritten principles & conventions - democracy, federalism, rule of law, judicial independence,
protect minority; conventions: GG acts on advice of PM, PM must enjoy confidence of the House, Head
of party is PM), legislation (both interpreted by courts) or common law (created and interpreted by
courts)
What is the State? - Answers A human creation. Institution that exercises sovereign power and purports
to act on behalf of the public in a given geographical area. Acts thru various institutions of government:
executive, legislature, judiciary, fed and provincial ministries, agencies, boards, tribunals
What is Private Law? - Answers The law relating to the actions of individuals and groups in society. Most
law is created by the State and all law is subject to enforcement by the judicial branch of the state.
All law has some reference to private individuals.
What are the other main kinds of law (types of legal systems)? - Answers Canada has both common law
system - applicable to public and private law matters outside of Quebec and the civil law system,
applicable only to private law matters in Quebec.
The Common Law system is - Answers (1) and adversarial procedure
(2) oriented towards case law
The Civil Law system is - Answers (1) has a more inquisitorial procedure
(2) based on legislative codes
Common Law - Answers the body of rules and principles developed by the courts of law (judge-made
law);
Develops haphazardly depending on what is litigated
Statute Law - Answers also known as primary legislation. law enacted by the legislature. Includes
constitutional statutes and ordinary statutes;
Explicit and consciously planned;
Prevails over common law in conflict;
Interpreted by courts who apply common law principles when interpreting
, Subordinate Legislation - Answers Similar to statute law;
Consists of formal rules enacted by the executive branch of government
Criminal Law - Answers Deals with wrongs deemed serious enough to affect society as a whole; found in
a single statute - the Criminal Code; More inquisitorial than civil law; penalties - fine and imprisonment
Civil Law - Answers
Municipal Law - Answers Internal law of a particular state
International Law - Answers addresses relationship between different states and between citizens of
different states; all countries have public law
Canadian State - Answers Federal government; has responsibilities throughout Canada & rep Canada in
formal relations with other states
Composition of the Canadian State - Answers National Capital Commission - exercises delegated federal
powers in the National Capital Region; Each of the federal, provincial and territorial govt has 3 main
branches (i) a Legislative branch - represents the interests of the electorate, monitor exec branch,
formally enact law (ii) Executive branch - initiate & administer policy and law; & manage the assets of
the state (iii) Judicial branch - resolve disputes according to the law; interpret and develop law
Quasi-state - Answers Straddles the public/private law fence; labour arbitrators, universities, self-
governing professional associations
4 Traditional/Theoretical concepts/GOALS OF THE STATE (4)
Social Goals of the State - Answers (1) COLECTIVE INTERESTS/STATE: PLATO: 3-part state of labourers,
soldier-administrators and guardian ("PHILOSOPHERS KING" with no control by others) for economic and
external security; AUTHORITARIAN with few constraints on collective action. Law & order today POGG
clause in constitution
HOBBS: individuals have a natural tendency to war and aggression on their own so they consent to
being ruled by a sovereign with power to maintain order by punishing wrongdoers. Authoritarian all
powerful sovereign
(2) PRIVATE INTERESTS - personal liberty & property by limited govt LOCKE: operate independently from
the State
(3) CITIZENS CONTROL (DEMOCRACY) - those subject to state control should direct it (responsiveness &
ACCOUNTABILITY); act pursuant to the "general will" of the people. Involve all adult; citizens control
their representative and the rep control government
(4) EQUALITY - promoting equality; people in equal position; state accountable equally to all its
members
What is law? - Answers A body of rules enforceable in the courts. It operates in a social setting.
What is Public Law? - Answers Regulates relations between the state and individuals as well as society at
large.
Can take the form of constitutional norms (written rules - constitutions 1967&1982, Westminster Accord
1931, unwritten principles & conventions - democracy, federalism, rule of law, judicial independence,
protect minority; conventions: GG acts on advice of PM, PM must enjoy confidence of the House, Head
of party is PM), legislation (both interpreted by courts) or common law (created and interpreted by
courts)
What is the State? - Answers A human creation. Institution that exercises sovereign power and purports
to act on behalf of the public in a given geographical area. Acts thru various institutions of government:
executive, legislature, judiciary, fed and provincial ministries, agencies, boards, tribunals
What is Private Law? - Answers The law relating to the actions of individuals and groups in society. Most
law is created by the State and all law is subject to enforcement by the judicial branch of the state.
All law has some reference to private individuals.
What are the other main kinds of law (types of legal systems)? - Answers Canada has both common law
system - applicable to public and private law matters outside of Quebec and the civil law system,
applicable only to private law matters in Quebec.
The Common Law system is - Answers (1) and adversarial procedure
(2) oriented towards case law
The Civil Law system is - Answers (1) has a more inquisitorial procedure
(2) based on legislative codes
Common Law - Answers the body of rules and principles developed by the courts of law (judge-made
law);
Develops haphazardly depending on what is litigated
Statute Law - Answers also known as primary legislation. law enacted by the legislature. Includes
constitutional statutes and ordinary statutes;
Explicit and consciously planned;
Prevails over common law in conflict;
Interpreted by courts who apply common law principles when interpreting
, Subordinate Legislation - Answers Similar to statute law;
Consists of formal rules enacted by the executive branch of government
Criminal Law - Answers Deals with wrongs deemed serious enough to affect society as a whole; found in
a single statute - the Criminal Code; More inquisitorial than civil law; penalties - fine and imprisonment
Civil Law - Answers
Municipal Law - Answers Internal law of a particular state
International Law - Answers addresses relationship between different states and between citizens of
different states; all countries have public law
Canadian State - Answers Federal government; has responsibilities throughout Canada & rep Canada in
formal relations with other states
Composition of the Canadian State - Answers National Capital Commission - exercises delegated federal
powers in the National Capital Region; Each of the federal, provincial and territorial govt has 3 main
branches (i) a Legislative branch - represents the interests of the electorate, monitor exec branch,
formally enact law (ii) Executive branch - initiate & administer policy and law; & manage the assets of
the state (iii) Judicial branch - resolve disputes according to the law; interpret and develop law
Quasi-state - Answers Straddles the public/private law fence; labour arbitrators, universities, self-
governing professional associations
4 Traditional/Theoretical concepts/GOALS OF THE STATE (4)
Social Goals of the State - Answers (1) COLECTIVE INTERESTS/STATE: PLATO: 3-part state of labourers,
soldier-administrators and guardian ("PHILOSOPHERS KING" with no control by others) for economic and
external security; AUTHORITARIAN with few constraints on collective action. Law & order today POGG
clause in constitution
HOBBS: individuals have a natural tendency to war and aggression on their own so they consent to
being ruled by a sovereign with power to maintain order by punishing wrongdoers. Authoritarian all
powerful sovereign
(2) PRIVATE INTERESTS - personal liberty & property by limited govt LOCKE: operate independently from
the State
(3) CITIZENS CONTROL (DEMOCRACY) - those subject to state control should direct it (responsiveness &
ACCOUNTABILITY); act pursuant to the "general will" of the people. Involve all adult; citizens control
their representative and the rep control government
(4) EQUALITY - promoting equality; people in equal position; state accountable equally to all its
members
