exam

Question 1

The quote “Law is like time. I know what it is, but if someone asks me, I know not,” reflects the fact that

Answer 1

there is no simple answer to the question of what is law.

Question 2

The Rule of Law is the cornerstone of our legal system. Its basic premise is that

Answer 2

no person is above the law.

Question 3

French archeologists discovered one of the earliest-known sets of written laws in 1901. It was called

Answer 3

the Code of Hammurabi.

Question 4

All of the following are true except one. Select the incorrect answer.

Answer 4

c.
The Code of Hammurabi is based on forgiveness.

Question 5

The jury system can be traced to

Answer 5

Athens, Greece.

Question 6

____ 8. The Napoleonic Code of justice is also known as

Answer 6

the French Civil Code.

Question 7

____ 9. Which of the following has historically had the greatest influence on the development of Canadian law?

Answer 7

British law

Question 8

____ 10. The adversarial system is a judicial process whereby

Answer 8

the Judge takes a more passive role in the proceedings.

Question 9

____ 11. The monarch credited with making the most significant contributions to the development of the British legal system is

Answer 9

Henry II.

Question 10

____ 12. Stare decisis is Latin meaning

Answer 10

to stand by the decision.

Question 11

__ 13. Canada can trace its historical legal roots primarily to which two European civilizations?

Answer 11

Greek and Roman

Question 12

____ 14. The basis of the Québec Civil Code is

Answer 12

the Napoleonic Code.

Question 13

____ 15. Justinian’s Code is based on

Answer 13

Roman law.

Question 14

____ 16. Common law is
also called:
constantly:
sometimes refered to as:

Answer 14

also called case law because it is based on rulings in previous, similar cases.

b. constantly evolving as judges decide new cases based on earlier judicial decisions.

c. sometimes referred to as English Common Law.

Question 15

____ 17. Statute law consists of laws that

Answer 15

b. are passed by elected representatives in the form of Acts.

Question 16

____ 18. Public law is a branch of the law that

Answer 16

d. regulates the relationship between the government and its citizens.

Question 17

____ 19. All laws in Canada are subject to

Answer 17

a. constitutional law.

Question 18

____ 20. A major difference between international law and domestic law is

Answer 18

enforcement

Question 19

Laws which fall under the jurisdiction of the federal government include all of the following except

Answer 19

hospitals and health care.

Question 20

Canada’s Constitution

Answer 20

determines the structure of the federal government.
b. divides law-making power between the federal and provincial governments.
c. limits the law-making power of government by setting out basic laws, principles, and standards that all other laws must adhere to.

Question 21

International law is generally created by

Answer 21

custom

Question 22

when you travel outside of Canada you

Answer 22

b. do not have the protection of Canadian law.

Question 23

____ 26. The main function of the judiciary of Canada is

Answer 23

to adjudicate disputes, interpret the law, and decide on punishments.

Question 24

____ 27. In Canada, judges are appointed by

Answer 24

the federal or provincial government.

Question 25

____ 28. The three levels of provincial courts are the

Answer 25

Provincial Court of Appeal, Superior Court, and Provincial Court.

Question 26

____ 29. The power to make and pass laws lies solely in the hands of

Answer 26

the government in power.

Question 27

____ 30. If an existing law is found to conflict with the Canadian Charter of Rights and Freedoms,

Answer 27

the law may be struck down.

Question 28

____ 31. The first piece of legislation that guaranteed our rights and freedoms was

Answer 28

the Charter.

Question 29

. Which of the following pieces of rights legislation most closely parallels the areas of protection in the Charter?

Answer 29

the Universal Declaration of Human Rights, 1948

Question 30

3 3. The first attempt to codify rights and freedoms across Canada was made by former Prime Minister

Answer 30

Diefenbaker

Question 31

____ 34. Our Constitution was patriated by former Prime Minister

Answer 31

Trudeau.

Question 32

____ 35. Which of the following rights is not protected by the Charter?

Answer 32

the right to enjoyment of property

Question 33

____ 36. To which of the following situations would the Charter not apply?

Answer 33

a shopping mall with no wheelchair access

Question 34

____ 37. To determine whether a Charter rights case has merit, the Supreme Court of Canada asks three questions. Identify the question it does not ask.

Answer 34

Is the right a substantial right, or a minor right?

Question 35

____ 38. The precedent-setting Supreme Court of Canada decision that established the tests to determine when a Charter violation is justifiable is

Answer 35

R. v. Oakes.

Question 36

____ 39. For which of the following activities would a person not be able to claim constitutional protection under section 2(b) freedom of expression?

Answer 36

public nude dancing