Law Test

Question 1

What is law?

Answer 1

Law gives us rules of conduct that protects everyone’s rights

Law balances individual rights with obligations of members of society.

Question 2

Why do we need laws?

Answer 2

To treat everyone equally under the law and protect principles of fundamental justice

These principles help tell the story of who we believe ourselves to be as a democratic and free nation.

Question 3

What are factors driving change in law?

Answer 3

Demographic changes, technological changes, changes in values, national emergencies

Each of these factors can lead to legal reforms and adjustments.

Question 4

What are the key foundations and principles of our legal system?

Answer 4

Equality under the law, no influence from power or wealth, fair and unbiased courts, impartial judges

These principles are often referred to as the principles of fundamental justice.

Question 5

What is domestic law?

Answer 5

Laws enforceable only within the jurisdiction of one particular sovereign state

Examples include the laws of Canada, USA, and Russia.

Question 6

What is international law?

Answer 6

Regulations agreed upon by various nations within the international community

Examples include the Universal Declaration of Human Rights and trade agreements.

Question 7

What is substantive law?

Answer 7

Laws that define rights and obligations of members of society

Includes both case law and statute law.

Question 8

What is procedural law?

Answer 8

Outlines steps and procedures governing how society protects and enforces rights under substantive law

Examples include court procedures and police procedures.

Question 9

What is civil or private law?

Answer 9

Legal rules governing people’s private relationships between two or more parties

Examples include contract law, property law, and family law.

Question 10

What is tort law?

Answer 10

Deals with wrongs committed against another not governed by criminal law

It seeks to provide remedies for civil wrongs.

Question 11

What is family law?

Answer 11

Deals with relationships between individuals living together

It governs issues such as marriage, divorce, and child custody.

Question 12

What is public law?

Answer 12

Law governing and regulating the interaction of the government and society

Includes criminal, constitutional, and administrative law.

Question 13

What is criminal law?

Answer 13

Laws made by the government that regulate the interaction of the state and its subjects

It aims to protect society through the punishment of offenders.

Question 14

What is constitutional law?

Answer 14

Laws that set out the structure of federal government and outline division of powers

Examples include the Canadian Bill of Rights and the Canada Act.

Question 15

What is administrative law?

Answer 15

Regulates relationships between citizens, government, and public agencies

Examples include WSIB and minimum wage regulations.

Question 16

What are primary sources of law?

Answer 16

Parts of the legal system with the longest historical development

They include foundational legal principles and historical documents.

Question 17

What is justice?

Answer 17

Different definitions exist, including law as the standard of justice and moral perspectives

It can also be a personal point of view on issues.

Question 18

What is natural law?

Answer 18

Legal theory connecting law and morality, asserting true laws are rooted in universal moral principles

It emphasizes justice and human well-being as core to legal systems.

Question 19

Who is Socrates?

Answer 19

A Greek philosopher known for his emphasis on self-knowledge and living an ‘examined life’

He believed laws should reflect eternal moral principles.

Question 20

What is positive law?

Answer 20

Legal positivism asserts that law need not be moral; it should be followed simply because it is law

It focuses on the survival of the state rather than moral purpose.

Question 21

Who is Thomas Hobbes?

Answer 21

Philosopher who argued that without law, society would descend into chaos

He believed in strict obedience to law to maintain order.

Question 22

What is legal realism?

Answer 22

A subcategory of legal positivism explaining law through real actions and influences on judges

It acknowledges individual bias in legal decisions.

Question 23

What is feminist jurisprudence?

Answer 23

Challenges the idea that law is objective and neutral

It highlights historical discrimination and biases in legal institutions.

Question 24

What is procedural justice?

Answer 24

Concept created by Lon Fuller, focusing on fairness of legal procedures

It assesses the quality of law based on how well it administers justice.

Question 25

What is the restraint of power?

Answer 25

The notion that law's essence lies in predictable restraint on power ## Footnote Developed by Philip Selznick, emphasizing checks on ruling power.

Question 26

Who came up with the idea of civil disobedience?

Answer 26

Henry David Thoreau ## Footnote He advocated for the moral duty to resist unjust laws.

Question 27

What is jurisprudence?

Answer 27

Philosophical interpretations and definitions of the meaning and nature of law ## Footnote It has evolved over many centuries through legal scholarship.

Question 28

What is utilitarianism?

Answer 28

A theory stating that a just law provides the greatest happiness for the greatest number ## Footnote It prioritizes practical outcomes over moral considerations.

Question 29

What are conventions in law?

Answer 29

Long-standing practices accepted as unwritten laws in political contexts ## Footnote Example: Prime minister requesting only Canadian citizens as Governor General.

Question 30

What are customs in law?

Answer 30

Established ways of doing things that have become accepted over time ## Footnote They can influence legal norms and practices.

Question 31

What is the principle of utilitarianism?

Answer 31

The principle of 'happiness for the greatest number' of people. ## Footnote Utilitarianism is a moral theory that advocates for actions that promote the greatest happiness for the majority.

Question 32

What are conventions in political practices?

Answer 32

Unwritten laws accepted over time as a way of doing something. ## Footnote Conventions differ from customs as they specifically relate to political practices.

Question 33

Give an example of a political convention in Canada.

Answer 33

The prime minister requests the monarch to appoint only Canadian citizens as Governor General. ## Footnote This convention is not formally documented in the constitution.

Question 34

Define customs in legal terms.

Answer 34

Long-established ways of doing something that have acquired the force of law. ## Footnote Customs can be recognized by courts as having legal standing through established usage.

Question 35

Provide an example of a custom.

Answer 35

Villagers using a shortcut through someone's property to access the beach. ## Footnote This right of way may be recognized by a judge despite not being formally written as law.

Question 36

What does intra vires mean?

Answer 36

A statute is within the power of the province. ## Footnote This term indicates that the law is legally valid within the jurisdiction of the authority.

Question 37

What does ultra vires mean?

Answer 37

A law created outside of the provincial government's jurisdiction. ## Footnote Such laws can be invalidated or struck down by the courts.

Question 38

What is the concept of stare decisis?

Answer 38

A precedent must be followed when ruling on a similar case. ## Footnote This principle ensures consistency in legal decisions across courts.

Question 39

What does judicial independence entail?

Answer 39

Judges function independently of the government that appointed them. ## Footnote Their decisions reflect their interpretation of the law, not the government's influence.

Question 40

What is parliamentary supremacy?

Answer 40

Parliament has the supreme power to make Canadian law. ## Footnote This principle emphasizes the role of Parliament as the representative body of the people.

Question 41

Define civil disobedience.

Answer 41

Refusal to comply with certain laws as a peaceful form of political protest. ## Footnote It often involves nonviolent actions against unjust laws or policies.