Law 2101 Exam questions with
verified answers graded A+ passed
what are the most common sources of law in Canada - correct answer ✔✔Constitution
statutes enacted by the federal parliament or provincial legislature
federal/provincial regulations
decisions made by judges.
what is a statute - correct answer ✔✔a written law of a legislative body
in canada, what legislatures can a law be passed by? - correct answer ✔✔federal and provincial
legislatures
3 characteristics of a statute - correct answer ✔✔deals in generalities, can be enacted in
anticipation of events, does not rely on past decisions for its legitimacy
common law - correct 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 - correct answer
✔✔it is built up gradually
acts passed by legislatures - correct 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 - correct answer ✔✔delegated
legislation or regulations
,who are regulations enacted by? - correct 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? - correct answer ✔✔no
procedural law - correct answer ✔✔court and pre-trial procedure and rules of evidence
eg. the law relating to how a criminal charge can be worded
substantive law - correct answer ✔✔the rights of the individual
eg. the law related to the parameters of self defence
public law - correct answer ✔✔concerned with matters that affect society as a whole, includes
criminal, constitutional, and administrative law
what relationships does public law deal with? - correct answer ✔✔the relationship between the
individual and society, and for the roles of different governments
private law - correct answer ✔✔concerned with matters that affect society as a whole
what are some examples of what private law regulates? - correct answer ✔✔contracts,
property ownership, the rights and obligations of family members, damage to someone or their
property
what relationships does private law deal with? - correct answer ✔✔action between private
parties
,criminal case - correct answer ✔✔involves prosecution by the crown under a public law statute
such as the criminal code
federal parliament - correct 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 - correct 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 - correct 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 - correct answer ✔✔english law
civil law - correct 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 - correct 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 - correct 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
what is a reference case? - correct answer ✔✔cases where constitutional questions are referred
directly to the supreme court
stare decisis - correct answer ✔✔requires lower courts to follow the decisions of higher courts
in the same jurisdiction
the adversarial system - correct answer ✔✔- contestants seek to establish through relevant
supporting evidence a series of events that will form the basis of their allegations
- trials (everyone get's their day in court)
what is the law? - correct answer ✔✔- The publicly prescribed rules that we must follow, failing
which we may suffer some adverse consequence
- A reflection of common values of society
- The process by which disputes are resolved
sources of law - correct answer ✔✔statues, regulations, common law/case law, constitution
verified answers graded A+ passed
what are the most common sources of law in Canada - correct answer ✔✔Constitution
statutes enacted by the federal parliament or provincial legislature
federal/provincial regulations
decisions made by judges.
what is a statute - correct answer ✔✔a written law of a legislative body
in canada, what legislatures can a law be passed by? - correct answer ✔✔federal and provincial
legislatures
3 characteristics of a statute - correct answer ✔✔deals in generalities, can be enacted in
anticipation of events, does not rely on past decisions for its legitimacy
common law - correct 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 - correct answer
✔✔it is built up gradually
acts passed by legislatures - correct 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 - correct answer ✔✔delegated
legislation or regulations
,who are regulations enacted by? - correct 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? - correct answer ✔✔no
procedural law - correct answer ✔✔court and pre-trial procedure and rules of evidence
eg. the law relating to how a criminal charge can be worded
substantive law - correct answer ✔✔the rights of the individual
eg. the law related to the parameters of self defence
public law - correct answer ✔✔concerned with matters that affect society as a whole, includes
criminal, constitutional, and administrative law
what relationships does public law deal with? - correct answer ✔✔the relationship between the
individual and society, and for the roles of different governments
private law - correct answer ✔✔concerned with matters that affect society as a whole
what are some examples of what private law regulates? - correct answer ✔✔contracts,
property ownership, the rights and obligations of family members, damage to someone or their
property
what relationships does private law deal with? - correct answer ✔✔action between private
parties
,criminal case - correct answer ✔✔involves prosecution by the crown under a public law statute
such as the criminal code
federal parliament - correct 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 - correct 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 - correct 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 - correct answer ✔✔english law
civil law - correct 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 - correct 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 - correct 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
what is a reference case? - correct answer ✔✔cases where constitutional questions are referred
directly to the supreme court
stare decisis - correct answer ✔✔requires lower courts to follow the decisions of higher courts
in the same jurisdiction
the adversarial system - correct answer ✔✔- contestants seek to establish through relevant
supporting evidence a series of events that will form the basis of their allegations
- trials (everyone get's their day in court)
what is the law? - correct answer ✔✔- The publicly prescribed rules that we must follow, failing
which we may suffer some adverse consequence
- A reflection of common values of society
- The process by which disputes are resolved
sources of law - correct answer ✔✔statues, regulations, common law/case law, constitution
