TEST ITEM FILE Sasha Baglay University of Ontario Institute of Technology
INTRODUCTION TO THE CANADIAN LEGAL SYSTEM Prepared by Sasha Baglay
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Introduction to the Canadian Legal System
CHAPTER 1 WHAT IS LAW?
MULTIPLE CHOICE QUESTIONS 1. Locke developed the following view on law and society: a. People are cooperative and tend to seek consensus; the purpose of law is to regulate human behaviour in the interests of promoting common good; people obey laws because they see them as serving their interests b. Law should reflect religious values; a law that does not reflect those values is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and help ensure order and security in a society d. Relations in society are defined in terms of class conflict; the ruling class uses the law to oppress the working class correct answer: a
difficulty rating: 1 (easy)
skill classification: factual
relevant heading in the text: “Order and Regulation”
2. Which of the following provides the most accurate definition of law? a. Law is a system of rules that is created by a government authority and is supported by the enforcement power of the state; laws are always written down and are produced in a highly structured and hierarchical way b. Law is a system of rules produced by a community in a decentralized manner, though deliberation and discussion among community members; some rules may be written, while others are passed through oral narration c. Both answers a) and b) provide an accurate description of the law; legal systems in some communities may be following the approach described in answer a), while other communities may follow the approach described in b) d. Law is a system of social norms that a given community follows correct answer: c
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “How Is Law Developed and Expressed?”
3. Legal pluralism expresses the following idea: a. Only rules produced by government authorities can be considered law b. Only rules produced by communities, through a process of popular discussion, can be considered law c. Law includes a variety of rules produced by both state and non-state actors; it is produced in different ways (e.g., legislative enactment, community deliberation) and by various actors at local, national and international levels .
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Introduction to the Canadian Legal System
d. Law cannot be defined with any sufficient degree of precision correct answer: c
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “How Is Law Developed and Expressed?” 4. Which of the following is correct? a. There is one set definition of law that everyone agrees upon b. There is no single definition of law and different scholars and societies may define it in different ways c. Law is always produced by state authorities d. Law does not change over time correct answer: b
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “How Is Law Developed and Expressed?”
5. Marx characterized law and society in the following way: a. People are cooperative and tend to seek consensus; the purpose of law is to regulate human behaviour in the interests of promoting common good; people obey laws because they see them as serving their interests b. Law is comprised of a variety of sources that are produced by various actors at local, national and international levels; these rules can take form of statutes, case law, customs, oral narratives passed from generation to generation and other forms c. Human are inherently violent and selfish; law is needed to suppress violent human behaviour and ensure a sense of security in a society d. A society consists of two classes: the bourgeoisie (which holds the position of power) and the proletariat; relations in society are defined by a conflict between these two classes; the bourgeoisie seeks to exploit the proletariat and uses law as one of the means to oppress the working class correct answer: d
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “Order and Regulation”
6. Hobbes developed the following view on law and society: a. People are cooperative and tend to seek consensus; the purpose of law is to regulate human behaviour in the interests of promoting common good; people obey laws because they see them as serving their interests b. Law should reflect morality; a law that does not reflect morality is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and to help ensure order and security in a society
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Introduction to the Canadian Legal System
d. Relations in society are defined in terms of class conflict; the ruling class uses law to oppress the working class correct answer: c
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “Order and Regulation”
7. Restorative justice reflects the following idea: a. Wrongdoers must pay financial compensation to their victims in order to restore them to the original position they were in prior to the wrongdoing b. Society should work on restoring harmony in human relations through passing laws that facilitate positive social change c. A wrongdoing disrupts relationships in a community; it is important to re-establish the harmony in relations through problem solving, dialogue and communication between the victim, the offender and members of the community d. Wrongdoers must be severely punished in order to deter others from committing similar crimes correct answer: c
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “Justice”
8. Which of the following is the most accurate description of the relationship between law and social change? a. Law always follows social change b. Law always facilitates social change c. In some cases, law follows social change, while in others law can be used to facilitate a change in society d. There is no relationship between law and social change correct answer: c
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “Social Change”
9. Natural law theorists view law in the following way: a. Law includes a variety of rules produced by both state and non-state actors; it comprises of a variety of sources that are produced by various actors at local, national and international levels b. The validity of human laws is measured against pre-existing ‘natural’ values; a law that does not reflect these ‘natural’ values is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and ensure a sense of security in a society
.
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Introduction to the Canadian Legal System
d. The validity of human laws is determined not by their consistency with ‘natural’ values, but depends on whether they were enacted by a legitimate authority following a prescribed procedure correct answer: b
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “Justice”
10. Positivism views law in the following way: a. Law is comprised of a variety of sources that are produced by various actors at local, national and international levels; these rules can take form of statutes, case law, customs, oral narratives passed from generation to generation and other forms b. The validity of human laws is measured against pre-existing ‘natural’ values; a law that does not reflect these ‘natural’ values is invalid and should not be obeyed c. Law plays a positive role in society; it promotes social change and helps society to become fairer d. The validity of human laws is determined not by their consistency with ‘natural’ values, but depends on whether they were enacted by a legitimate authority following a prescribed procedure correct answer: d
difficulty rating: 2 (average) skill classification: comprehension
relevant heading in the text: “Justice”
11. The concept of the rule of law has the following meaning: a. All laws must be enacted by the legislature and the enactment process must follow a prescribed procedure; laws that are not fair need not be obeyed b. There has to be a system of law in society; the relationship between an individual and the state must be regulated by law; no one is above the law c. Everyone should be treated the same d. There has to be a system of law in society; the relationship between an individual and the state must be regulated by law; everyone must respect legislative and judicial institutions that produce the law correct answer: b
difficulty rating: 1 (easy)
skill classification: comprehension
relevant heading in the text: “The Rule of Law”
12. Which of the following most fully and accurately describes various ways to classify laws: a. Domestic vs international; public vs private b. By subject matter; public vs private; public international law vs private international law
.