CLN4U MC Flashcards
(30 cards)
What did Ancient Greece contribute to our legal heritage?
a. The first written laws
b. The first religious society
c. The first lawyers
d. The first democracy
d. The first democracy
According to the notion of law as a concept:
a. Law must provide order in society
b. The rule of law is supreme
c. Law must defend persons, properties, and rights
d. Both b & c
e. All of the above
e. All of the above
Jurisprudence is described as:
a. An egalitarian society
b. A school of thought holding that Judges consider an accused’s socio-economic class when passing sentence
c. A school of thought holding that sentencing is like a mathematical formula
d. The science or philosophy of law
d. The science or philosophy of law
Which of the following is not a primary source of law?
a. Religion
b. The British Constitution
c. Customs and Conventions
d. Social and political philosophy
e. All of the above are primary sources
b. The British Constitution
The rule of precedent is also known as:
a. Curia Regis
b. Magna Carta
c. Stare Decisis
d. Ratio Decidendi
e. Ratio Precedents
c. Stare Decisis
Natural Law is:
a. A set of ideal rules and conduct, and religious beliefs from which it is believed all human law should originate
b. The exercise of human reason, guided by observation
c. Legal rules governing people’s private relationships
d. Law based on human authority
a. A set of ideal rules and conduct, and religious beliefs from which it is believed all human law should originate
Which historical period saw the development of the first lawyers?
a. Ancient Greece
b. Roman Empire
c. English Civil War
d. Modern Europe
e. None of the Above
b. Roman Empire
The belief that law is simply what the political authorities or lawmakers command is:
a. Natural Law
b. Positive Law
c. Statute Law
d. Common Law
b. Positive Law
This treaty is considered the Magna Carta of Native Rights in Canada.
a. Treaty of First Nations
b. Treaty of Westphalia
c. Halibut Treaty
d. Royal Proclamation Treaty
e. None of the above
d. Royal Proclamation Treaty
Which theorists did not contribute to our understanding of natural law?
a. Aristotle
b. St.Thomas Aquinas
c. Plato
d. Marx
e. All of the above
d. Marx
During the holocaust Nazi racial segregation laws required which of the following:
a. All Jewish persons to wear the Star of David armband
b. Segregation of Jewish prisoners into walled off ghettos
c. Official degrees banning Jewish people from public places such as parks
d. Forced removal to concentration camps
e. All of the above
e. All of the above
This legal theory shares some of the views of legal realists, but goes further in their criticism of accepted legal theories. Supporters argue that law is not neutral or value free and that it should be used as a tool to achieve social justice.
a. Legal realism
b. Marxist jurisprudence
c. CLS
d. Feminist jurisprudence
e. Both (A) & (C)
c. CLS
What was a major failing of Canada’s Bill of Rights?
a. It was a statute and applied only to federal matters
b. It was passed immediately after WWII when tempers were high and it did not consider the rights of Japanese Canadians
c. It was too complicated to be understood by the courts
It was part of the Constitution and, as a result, it was too difficult to change
d. None of the above
a. It was a statute and applied only to federal matters
Which Prime Minister patriated Canada’s Constitution from Britain in 1982?
a. Sir Wilfrid Laurier
b. Brian Mulroney
c. Joe Clarke
d. Kim Campbell
e. None of the above
e. None of the above
This Prime Minister famously stated “the state has no place in the bedrooms of the nation” just before decriminalizing homosexuality?
a. Sir John A. Macdonald
b. Pierre Trudeau
c. Mackenzie King
d. Charles Tupper
e. None of the above
b. Pierre Trudeau
Canada’s highest court is:
a. The Federal Court of Canada
b. The Canadian Human Rights Commission
c. The Superior Court of Canada
d. The Supreme Court of Canada
d. The Supreme Court of Canada
Why did the Constitution Act, 1982, have to be passed by the British Parliament?
a. The right to amend the British North America Act had been retained by Britain
b. The Premiers of the provinces could not agree how to do it in 1982
c. Ontario and Quebec voted for Britain to change it
d. The Prime Minister of Canada wanted nothing to do with it
e. All of the above
a. The right to amend the British North America Act had been retained by Britain
How can the Charter of Rights and Freedoms be changed?
a. According to the constitutional amending formula
b. National referendum only
c. By a majority vote in the House of Commons
d. By a majority vote in the Ontario Legislature
a. According to the constitutional amending formula
The notwithstanding clause can be legally attached to laws that violate what sections of the charter?
a. Section 2 and 7-15
b. Section 6 and 12-14
c. Section 7 only
d. Section 1-5
e. All sections
a. Section 2 and 7-15
In R.v Oakes, what did the Supreme Court of Canada rule about section 8 of the Narcotics Control Act?
a. The onus placed on the defendants to prove they are not trafficking drugs violated the presumption of innocence right in the Charter
b. It is legal for defendants to have to prove they are not trafficking drugs
c. The section violated the Charter but the violation was upheld because it was reasonable and justified
d. It logically follows that possession of drugs means that defendants also had the intent to traffic
e. None of the above
a. The onus placed on the defendants to prove they are not trafficking drugs violated the presumption of innocence right in the Charter
If a court decides that a law does not comply with the requirements of the Charter of Rights, it can:
a. Strike the law down by declaring it invalid
b. Send the law to the Senate for consideration
c. Amend the Charter so as to make it comply with the law
d. All of the above
e. None of the above
a. Strike down the law by declaring it invalid
How many judges sit on the Supreme Court of Canada?
a. 12
b. 6
c. 8
d. 9
e. None of the above
d. 9 (judges sit on the SCC)
Someone who is charged with committing a crime has the right to:
a. Advise friends and family immediately
b. Obtain a lawyer without delay
c. Access the Criminal Code promptly
d. Make preparations for a long stay
b. Obtain a lawyer without delay
Retribution refers to:
a. An offender treatment program that helps bring about a smooth transition back into society
b. A return to criminal behaviour after the offender has been released from prison
c. Compensation for the victims of crime
d. Punishment to avenge a crime
d. Punishment to avenge a crime
