Unit 1 - Chapter 2

Question 1

The _____ legal system is the machinery that comprises and governs the legislative, executive and judicial branches of government

Answer 1

Canadian

Question 2

____ branch is the branch of government that creates statute law

Answer 2

legislative

Question 3

_____ is the power that a given level government has to enact laws

Answer 3

jurisdiction

Question 4

All Canadian laws must comply with the ____ ____

Answer 4

Canadian Constitution

–> difficult to change, special amending formula must be met

Question 5

_____ Act of 1867, formerly the BNA Act

Answer 5

Constitution

–> sets up our courts

Question 6

Currency, national defense, criminal law, banking, postal service are all under ____ jurisdiction

Answer 6

federal

Question 7

Hospitals, property and civil rights with the province, administration of justice, local matters, incorporation of provincial corporations, municipalities are all under _____ jurisdiction

Answer 7

provincial

Question 8

Zoning, property tax, licensing are all under jurisdiction of _____

Answer 8

municipalities

-> have no constitutionally recognized powers

Question 9

Created in 1982, part of the Constitution Act (1982), this document guarantees specific rights and freedoms enshrined in the Constitution and is enforceable by the judiciary

Answer 9

Canadian Charter of Rights and Freedoms (Charter)

Question 10

Freedom of conscience and religion, thought, belief, opinion and expression, freedom of peaceful assembly and association are all examples of ______ freedoms

Answer 10

fundamental

Question 11

every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical diability. These are an example of _____ rights

Answer 11

equality

Question 12

The _____ clause allows gov’ts to “opt out” of some Charter rights by enacting legislation “notwithstanding” that it violates the Charter

Answer 12

Notwithstanding

Question 13

_____ jurisdiction = jurisdiction that is shared between levels of government such as public health and the environment

Answer 13

Concurrent

Question 14

____ seems to facour the federal gov’t to the extent that whenever there is a conflict between federal and provincial laws, the federal gov’t will prevail

Answer 14

paramountcy
—> doctrine of paramountcy provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws

Question 15

The executive branch of government’s ____ function includes the giving of royal assent to legislation (by the queen’s representative)

Answer 15

formal

Question 16

the executive branch of government’s _____ function includes performing day-to-day operations: formulating and executing gov’t policy, as well as administering all departments of gov’t

Answer 16

political

Question 17

What does it mean to ratify?

Answer 17

to authorize or approve

Question 18

A ____ is an agreement between two or more states that is governed by international law

Answer 18

treaty

Question 19

Laws made by the municipal level of gov’t are known as ____

Answer 19

bylaws

Question 20

The ____ is a body composed of all ministers heading government departments, as well as the prime minister or premier

Answer 20

cabinet

Question 21

_____ are rules created by the political executive that have the force of law

Answer 21

regulations

Question 22

___ is a collective reference to judges

Answer 22

judiciary

Question 23

____ are those appointed by federal and provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings

Answer 23

judges

Question 24

The ____ court is a court with limited financial jurisdiction whose judges are appointed by the provincial gov’t

Answer 24

inferior

Question 25

____ ____ court is a court that deals with claims up to a specified amount

Answer 25

small claims

Question 26

_____ court is a court with unlimited financial jurisdiction whose judges are appointed by the federal gov't

Answer 26

superior

Question 27

The final court for appeals in the country is known as the _____

Answer 27

Supreme Court of Canada

Question 28

The court that deals with some types of litigation involving the federal gov't is known as the _____ court of Canada

Answer 28

Federal

Question 29

______ _____ refers to the historical rights and privileges of the Crown, including the right to conduct foreign affairs and to declare war

Answer 29

royal prerogative

Question 30

The ____ law is comprised of rules that are formulated or created by the judiciary

Answer 30

common | --> created when judges make decisions, later becoming precedents, and they are cumulatively referred to as common law

Question 31

____ law involves areas of the law that relate to or regulate the relationship between persons and gov't at all levels, such as Criminal Law

Answer 31

Public

Question 32

____ law involves areas of the law that concern dealings between persons, such as law of contracts

Answer 32

Private

Question 33

____ law involves a system of law in which judges look to the Civil code for general principles to be applied to the case at hand. they are not bound by how other judges have interpreted the code

Answer 33

Civil

Question 34

____ law refers to rules created and applied by the those having governmental powers. These laws are applied by administrative bodies to address a specific activity, from licensing, to zoning and subdivision

Answer 34

Administrative

Question 35

You may interact with the __________ or commission if you plan to sell alcohol

Answer 35

liquor control board

Question 36

if you plan to hire employees, you may interact with the _______

Answer 36

workers' compensation board