Midterm Questions

Question 1

What was the main shift made by the Christian revisions of natural law?

Answer 1

Toward creating a hierarchy of sources of natural law with the inclusion of the idea of God’s eternal law knowable through human reason

Question 2

Which of the following jurisprudential traditions was the forerunner to what we now refer to as ‘human rights’?

Answer 2

Natural law

Question 3

John Fuller’s natural law framework is also referred to as what?

Answer 3

Procedural natural law

Question 4

What are Legal positivists are concerned with describing?

Answer 4

what the law is/valid law

Question 5

Which theoretical frameworks are anti-liberal?

Answer 5

Cultural Marxism, Radical feminism, CRT/// Like all radicalism, radical feminism replaces one form of conformity (one must accept all existing norms) with another (one must reject all existing norms). Only liberalism trusts people to make up their own minds–radical perspectives say to get rid of all norms.

Question 6

What concept is used to describe how the material conditions of production create laws that tend to perpetuate, rather than resist, and reveal the true nature of the existing modes of production?

Answer 6

Ideology

Question 7

Critical theories believe that modes of (re)production and/or systems of domination produce ______________ who share values and political aims on the basis of their shared exploitation.

Answer 7

Identity groups

Question 8

The Royal Proclamation of 1763 provided for the introduction of English laws and courts in Canada and guaranteed Aboriginal self-government. T/F

Answer 8

True

Question 9

Are all judicial decisions in Canada reported?

Answer 9

No

Question 10

How is Canada’s law influenced by Non-British Sources?

Answer 10

Method of statutory interpretation is based on the US: able to consult other sources and materials, understands that extraneous sources are needed

Question 11

What is the limitation for separately classifying procedural law and substantive law?

Answer 11

Some enactments contain a codification of steps to be taken in a legal proceeding.

Question 12

Case Law and Custom are, today, written down but are classified as unwritten law. Why?

Answer 12

These unwritten laws are written down, but they are not the product of any legislature.

Question 13

Custom, as a source of Canadian law is most closely associated with which area of law?

Answer 13

Constitutional

Question 14

Canada’s first illegal drugs law passed in 1908. What was its background?

Answer 14

. It originated in a racially motivated labour confrontation.

Question 15

In her book The Black Candle, what did Emily Murphy advocate for?

Answer 15

increased penalties for the use drugs

b. increased penalties for the distribution of drugs

c. expanded powers of search and seizure for police

Question 16

What was the reasoning for the Supreme Court’s decision in R. v. Oakes?

Answer 16

The court decided that the reverse onus provision in the Narcotic Control Act contravened a person’s right to be presumed innocent until the crown could prove otherwise.

Question 17

Define reverse onus.

Answer 17

a legal provision that requires an accused person to prove or disprove something, such as an element of an offence or a defence

Question 18

According to Elmer Driedger, what should be considered while interpreting an Act?

Answer 18

what is the scheme of the Act

b. what is the object of the Act

c. what is the intention of Parliament

Question 19

Since 1982 the Canadian judiciary has modified its approach to statutory interpretation. Define this change.

Answer 19

The Canadian judiciary considers the nation’s listed values to determine the validity of enactments

Question 20

The 1964 Fulton-Favreau amending formula required the unanimous consent of all provinces and the federal government to make most amendments to Canada’s constitution. T/F

Answer 20

True

Question 21

Is all inequality inherently evil and therefore contrary to the provisions of section 15 of the Charter of Rights and Freedoms?

Answer 21

No, government allows for discrimination currently to reverse discrimination in the past

Question 22

What section of the Charter allows for discrimination in specific cases?

Answer 22

S. 15 (2)

Question 23

What did the “patriation” of Canada’s Constitution cause?

Answer 23

It made Canada responsible for amending the Constitution.

Question 24

According to your textbook, there are two key amendments to Canadian constitutional law embodied in the Constitution Act, 1982. What are these two key amendments?

Answer 24

an amending formula for future constitutional amendments and the elevation of a rights document to constitutional status

Question 25

Describe the outcome of the “peace, order, and good government” provision set out in section 91 of the British North America Act?

Answer 25

. It gives the federal government residual power over areas of jurisdiction not specified in sections 91 or 92.

Question 26

Defines co-operative federalism?

Answer 26

. It describes the process where a matter of federal jurisdiction has been delegated to provincial entities usually in the area of fiscal mechanisms.

Question 27

Who negotiated the Charlottetown Accord?

Answer 27

all of the first ministers, all of the leaders of the then three major national political parties, as well as aboriginal and territorial leaders

Question 28

What Indigenous provision was included in the Charlottetown Accord?

Answer 28

A provision for the recognition of the governments of aboriginal peoples as constituting one of the three orders of government in Canada.

Question 29

How has the tradition of parliamentary supremacy has been affected by the Charter of Rights and Freedoms?

Answer 29

The court can declare validly enacted laws inoperative, if they contravene the rights guaranteed in the Charter of Rights and Freedoms.

Question 30

What is the outcome of the proclamation of section 24 of the Charter of Rights and Freedoms?

Answer 30

Illegally obtained evidence is excluded if its admission would bring the administration of the law into disrepute.

Question 31

When does the Charter apply?

Answer 31

It always applies to the laws of Parliament or provincial legislatures unless the law specifically states that it will not apply.

Question 32

What is the only form of media delivery with an absolute right to complete access to the courts?

Answer 32

print

Question 33

In civil cases, the outcome depends upon a balance of probabilities. Which of the following statements best explains this idea?

Answer 33

The plaintiff must establish that his or her claim is more than 50 percent likely to be legitimate

Question 34

In R. v. Gladue the Supreme Court of Canada held that principles of restorative justice must be applied. Which statement best explains their reasoning?

Answer 34

There is a need to recognize the impact of systemic discrimination and the different circumstances of Aboriginal offenders.