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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 Copyright © 2016 Pearson Canada Inc.

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

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

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

Introduction to the Canadian Legal System

c. By subject matter; public vs private; domestic vs international; substantive vs procedural d. Criminal, constitutional and administrative; public vs private; torts vs contracts; substantive vs procedural correct answer: c

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Types of Law”

13. Public law deals with: a. Regulation of human behaviour in public places b. Regulation of relationships among states on the international arena c. Regulation of interactions between individuals and the state as well as between the state and society at large d. Regulation of criminal and administrative matters correct answer: c

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Types of Law”

14. Which of the following most accurately and comprehensively describes the reasons why people obey legal rules? a. People obey because of fear of sanctions b. People obey because they are brought up in the habit of following legal rules; they also obey because of fear of sanctions c. People obey because they value order in society d. There are several explanations: people obey out of habit; because they feel a moral duty to obey the law and/or because of fear of sanctions correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Why Do People Obey Legal Rules?”

15. Distributive 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. Wrongdoers must be severely punished in order to deter others from committing similar crimes c. Distributive justice determines how resources and entitlements should be allocated in a given society d. Distributive justice prescribes that, in a given society, everyone should receive the same amount of financial supports from the state and that all society’s resources should be equally allocated among members Copyright © 2016 Pearson Canada Inc.

correct answer: c

Introduction to the Canadian Legal System

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Justice”

TRUE/FALSE QUESTIONS 1. Retributive justice reflects the idea that a wrongdoer should be subject to punishment proportionate to the degree of his blameworthiness. correct answer: true

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Justice”

2. Law is always developed by state authorities; it is created according to strictly prescribed procedures and is arranged in a hierarchy of sources with the Constitution being the supreme law of a given community. correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “How Is Law Developed and Expressed?”

3. Law performs three key functions: promotes social change, promotes justice and fairness and helps establish and maintain order in society. correct answer: true

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “What are the Functions of the Law?”

4. The corrective justice approach seeks to restore equality between the wrongdoer and the victim that was lost as a result of the wrongdoing. correct answer: true

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Justice”

5. Criminal law is an area of private law. correct answer: false difficulty rating: 1 (easy)

skill classification: comprehension

Introduction to the Canadian Legal System

relevant heading in the text: “Public versus Private Law”

SHORT ANSWER QUESTIONS 1. Name and briefly describe main characteristics of legal rules. Answer tips: • Legal rules are produced by following a certain process (the specifics of this process vary depending on society) • Legal rules are backed up by a certain authority and rely on state or community enforcement • Legal rules should be prospective rather than retroactive • Legal rules should have some constancy and should not be changed too frequently • Legal rules should be sufficiently clear to be understood by the public • Legal rules should be accessible

difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “What Are the Characteristics of Legal Rules?”

2. Briefly explain what the rule of law is and why it is important. Answer tips: • The rule of law requires the existence of a system of laws; the regulation of relations between the individual and the state by law; and observation of the principle that no one is above the law • The rule of law helps ensure order in society and protection from arbitrary state action difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “The Rule of Law”

ESSAY QUESTION Explain the different ways how law can be developed and expressed as well as the relevance of these different ways of law-creation to Canadian context. Answer tips: • In some societies, the state dominates the creation of legal rules; they are made by state institutions such as courts and legislatures; the process of rule-creation is very formal and has relatively limited direct community involvement; rules usually take written form Copyright © 2016 Pearson Canada Inc.

Introduction to the Canadian Legal System

• •

In other societies, law-creation may be more community-based; legal rules are developed in meetings and discussions among community members; the process is less formal, less centralized and rules can take written as well as oral form In Canada, both of the above ways of law-creation can be found: the first one – within the dominant European settler system and the second – in the First Nations communities

difficulty rating: 3 (difficult)

skill classification: application

relevant heading in the text: “How Is Law Developed and Expressed?”

Introduction to the Canadian Legal System

CHAPTER 2 SYSTEMS AND SOURCES OF LAW

MULTIPLE CHOICE QUESTIONS 1. A civil law system is characterized by the following: a. codification of law and frequent use of precedent b. use of the following combination of sources of law: custom religious principles and legal codes c. importance of conventions and 'unwritten' rules; use of precedent; paramountcy of the constitution d. codification of law; leading role of statute as a source of law; rare use of precedent correct answer: d

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Civil Law System”

2. What is a ratio decidendi of a case? a. It is a court’s decision on the case b. It is an explanation of a court’s reasons for the decision c. It is a part of a court’s decision that outlines issues and history of the case d. It is a part of a court’s decision that discusses applicable precedents and distinguishes them from the case at hand correct answer: b

difficulty rating: 1 (easy)

classification: factual

relevant heading in the text: “Ration Decidendi and Obiter Dicta”

3. Which of the following can be characterized as a religious-based system of law? a. Chthonic legal tradition b. Socialist legal tradition c. System of Islamic law d. Canadian legal system correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Overview of Selected Systems of Law”

4. A precedent is: a. In a common law tradition, a judicial decision in an earlier case that governs resolution of future similar disputes

Introduction to the Canadian Legal System

b. In a civil law tradition, judicial decision in an earlier case that governs resolution of future similar disputes c. In a religious-based system, an authoritative interpretation of a holy text that is used to resolve disputes and regulate relations in society d. In a chthonic legal tradition, a dramatic event that impacted the life of a community and led to the establishment of new rules for regulating relations among its members

correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Common Law System”

5. Which of the following is the most commonly used legal citation style in Canada? a. Chicago Guide to Uniform Legal Citation b. McGill Guide to Uniform Legal Citation c. Quicklaw d. Modern Language Association (MLA) Citation Style

correct answer: b

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Finding and Citing Statutes and Subordinate Legislation”

6. Distinguishing a precedent is: a. A technique used by lawyers in a common law system to argue that a given precedent is inapplicable to the case at hand because of significant differences between the facts and issues in the precedent case and in the case at hand b. A technique used by lawyers in a civil law system to argue that a given precedent is inapplicable to the case at hand because of significant differences between the facts and issues in the precedent case and in the case at hand c. A technique used by courts to overrule old precedents that are considered to no longer correspond to the realities of current life d. A technique used in chthonic legal traditions to explain how certain rules came about

correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Researching, Understanding and Applying Judicial Decisions”

7. Stare decisis means that: a. In a common law tradition, a decision of a higher court must be followed by lower courts

Introduction to the Canadian Legal System

b. In a religious-based system, God’s revelations create not only moral but also legal rules c. In a civil law system, a decision of a higher court must be followed by lower courts d. In a common law system, parliament is the supreme lawmaker that can override common law rules correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Binding and Persuasive Precedents”

8. A persuasive precedent is: a. A precedent that must be followed b. A precedent that need not be considered at all c. A precedent that a court finds convincing d. A precedent that is not binding on a court, but may be used as a supporting authority for the court’s decision correct answer: d

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Binding and Persuasive Precedents”

9. Historically, the main characteristic of a common law system was: a. Its reliance on legislation as the main source of law b. Its reliance on judicial decisions as the main source of law c. Its reliance on religious doctrine as the main source of law d. Oral tradition and the use of negotiation to resolve disputes correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant headings in the text: “Common Law System”

10. In Canada, the First Nations legal traditions are characterized by the following: a. They are no different from legal traditions brought about by European colonizers b. None of First Nations legal rules are ever written down; they only exist in a form of dances, songs and customs c. Rule creation and enforcement is less hierarchical than in the European tradition and is intertwined with political, social and spiritual practices of a community; there is strong reliance on oral words and storytelling; law comes from various sources such as observations from nature, stories about creation, deliberation and custom d. First Nations communities have no legal rules and no legal traditions

correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

Introduction to the Canadian Legal System

relevant heading in the text: “First Nations Legal Traditions”

11. In Canada, federal statutes are published in an official source called: a. Parliamentary Proceedings b. Federal Reports c. Statutes of Canada d. McGilll Guide

correct answer: c

difficulty rating: 1 (easy)

classification: factual

relevant heading in the text: “Finding and Citing Statutes and Subordinate Legislation”

12. Parliamentary supremacy means that: a. Parliament is superior to the executive and the judicial branches of government b. Courts cannot declare laws passed by parliament to be ultra vires c. Parliament is the supreme lawmaker; laws passed by parliament may override case law d. Courts can never examine constitutionality of laws passed by parliament

correct answer: c

difficulty rating: 1 (easy)

classification: factual

relevant heading in the text: “Interrelationship between Case Law and Legislation”

13. Which of the following is the major difference between civil law and common law systems? a. In a civil law system, courts have been at the forefront of law creation and developed rules ‘from the ground up’; in a common law system, legal rules were created by legislatures and legal scholars b. In a civil law system, in case of a conflict, legislation prevails over case law rules; in a common law system, it is the other way around: case law rules can overrule legislation c. In a common law system, courts have been at the forefront of law creation and developed rules ‘from the ground up’; in a civil law system, institutions other than courts (e.g., legislatures) played a leading role in law creation and developed general rules that would then govern resolution of specific cases d. Civil law system is much older than the common law system; it has more detailed legal rules and provides for a better system of regulation of human conduct than the common law system correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Common Law and Civil Law Compared”

Introduction to the Canadian Legal System

14. Which of the following the most accurately characterizes the system of law in Quebec? a. Quebec has a purely civil law system b. Quebec has a purely common law system c. Quebec combines features of common law and civil law systems, but it does not use precedent at all d. Quebec has a mixed system: private matters are regulated primarily by civil law; public matters - by common law; judges do not have to follow previous decisions, but they often do rely on precedent correct answer: d

difficulty rating: 2 (average)

skill classification: factual

relevant heading in the text: “Reception of European Civil and Common Law in Canada”

15. If there is a conflict between a common law rule and a statutory rule, how is this conflict resolved? a. Both rules operate at the same time and a court can decide which one of the two to apply to a given case b. Statutory rule prevails over a common law rule c. A common law rule prevails over a statutory rule d. Both rules are abolished and a new law is passed to address the issue and eliminate any inconsistencies and ambiguities correct answer: b

difficulty rating: 2 (average)

skill classification: factual

relevant heading in the text: “Interrelationship between Case Law and Legislation”

TRUE/FALSE QUESTIONS 1. In Canada, the main sources of law are: legislation and writings of prominent legal scholars interpreting that legislation. correct answer: false

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Sources of Law in Canada”

2. The whole of Canada follows the common law legal tradition. correct answer: false

difficulty rating: 2 (average) skill classification: comprehension

Introduction to the Canadian Legal System

relevant heading in the text: “Reception of European Civil and Common Law in Canada”

3. At present, common law or civil law systems do not exist in a pure form. Rather, they have borrowed some elements from each other (for example, common law traditions use legislation as one of the main sources of law). correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Common Law and Civil Law Compared”

4. Subordinate legislation is passed by bodies other than legislatures and takes form of regulations, rules and by-laws. correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Subordinate Legislation”

5. A decision of the Ontario court will be binding on courts in all other provinces. correct answer: false

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Binding and Persuasive Precedents”

SHORT ANSWER QUESTIONS 1. Briefly describe the main characteristics of a chthonic legal tradition. How does it differ from other, more dominant contemporary legal systems? Answer tips: • Reliance on oral rather than written word • Lack of complex institutions to create, administer and enforce laws • Communal process of law-formation • Law intertwined with other aspects of community life rather than a separate institution • Use of community-based dispute resolution methods • Importance of harmony with the land and the environment difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Chthonic Legal Tradition”

Introduction to the Canadian Legal System

2. Briefly describe the main differences between the common law and the civil law systems. Answer tips: • How legal rules come about: in a common law system – general rules are derived from decisions on specific cases; in a civil law system – law-formation starts with identifying guiding principles, which are then reflected in codes of rules and then applied to specific cases • Institutions that lead the law-formation process: in common law systems, courts historically played the leading role; in civil law systems, these were institutions other than courts (legislatures, kings and other rulers) • Main sources of law: in common law systems, judicial decisions are the main source of law; in civil law systems – codes and other legislation difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Common Law and Civil Law Compared”

ESSAY QUESTION Explain how three legal traditions – civil law, common law, and First Nations – interact and influence each other in Canada. Answer tips: • Briefly explain the history of each tradition in Canada • Acknowledge the traditional dominance of the common law tradition in Canada • Influence of common law tradition on other legal traditions in Canada: use of precedent in Quebec, styling of the court system in Quebec after the British system; imposition of European system of law on First Nations communities • Influence of First Nations legal tradition on European legal traditions: use of First Nations legal traditions in interpretation of Aboriginal rights and treaties; use of sentencing circles and other community-based dispute resolution techniques in the mainstream system; creation of courts that rely on both European and First Nations legal traditions difficulty rating: 3 (average)

skill classification: application

relevant heading in the text: “System of Law in Canada”

Introduction to the Canadian Legal System

CHAPTER 3 THE STRUCTURE OF CANADIAN GOVERNMENT

MULTIPLE CHOICE QUESTIONS 1. The principle of responsible government is: a. A principle that means that governments should act responsibly and should always keep in mind the interests and wishes of the population b. A political concept in presidential democracy that indicates that the president should act responsibly and should be accountable to the people who elected him/her c. A principle in parliamentary system which means that a government is responsible to all of the elected members of legislature; government can stay in power only as long as it enjoys the confidence of the legislature d. A theory stating that each of the three branches of government has separate powers and is solely responsible for exercising those powers correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Legislative branch”

2. Parliamentary model of democracy is characterized by the following features: a. The legislative branch is elected by the population; the leader of the party that gets most seats in the legislature becomes the prime minister and appoints the cabinet; the prime minister and the cabinet ministers are simultaneously members of the legislature and the executive; the prime minister and its cabinet can stay in power only as long as they enjoy the confidence of the legislature b. The president and the legislature are elected by the population; the prime minister is appointed by the president (usually the leader of the party that holds most seats in the legislature is appointed to be the prime minister); the prime minister and cabinet may be forced to resign if they lose the confidence of the legislature c. The president and the legislature are elected by the population in separate elections; there is clear separation of powers between the three branches of government (e.g., the president and his/her cabinet are not members of the legislature, but only of the executive); the principle of ‘checks and balances’ is implemented to ensure that no branch of government abuses its powers d. A state is governed by a monarch; the monarch controls the legislative and executive branches; the prime minister and the cabinet are appointed by the monarch and answer to him/her correct answer: a

difficulty rating: 1 (easy)

skill classification: factual