Chapter 1 Law Flashcards
Which of the following is NOT a possible meaning of the term “common law”?
(1) The law created by the courts as opposed to statute law.
(2) The principles derived from the common law courts in England as opposed to the principles derived from the courts of Chancery.
(3) The laws created by the Federal government in accordance with its power under the Constitution.
(4) The system of law which relies upon the principle of stare decisis for its devel
3
Which of the following falls within the category of law called “public law”?
(1) breach of contract
(2) trespass
(3) constitutional law
(4) None of the above.
3
In Canada, the power to make laws is divided between the federal and provincial levels of government. Which of the following have been assigned to the federal government?
A. Jurisdiction over harbours
B. Jurisdiction over the regulation of the heights of buildings and structures around airports
C. Jurisdiction over matters affecting private property and the power to delegate some provincial authority to a third level of government
D. Jurisdiction over the regulations to protect fisheries
2
What is the result of the doctrine of stare decisis?
(1) Former decisions are used as a basis for later decisions.
(2) The common law system has uniformity.
(3) Decisions by the Supreme Court of Canada are accorded the most weight in our jurisprudence.
(4) All of the above result from the doctrine of stare decisis.
4
When a judge “distinguishes” a case on its facts, this means:
(1) the judge decides that facts crucial to a former decision are not present in the case at hand, and does not follow the former decision.
(2) the judge formally reports the case before him or her because it is a crucial decision.
(3) the judge follows a former decision because the same facts exist in the case which is being decided.
(4) None of the above.
1
which one of the following does NOT fall within the body of public law?
(1) tax law
(2) criminal law
(3) agency law
(4) constitutional law
3
Precedents form a major part of the common law system. Another major source of our law is legislation.
Which of the following could be called “legislation”?
(1) the Land Title Act
(2) the Principle of Specific Performance
(3) the Equity of Redemption
(4) all of the above
1
Governments pass statutes in order to:
(1) change the common law.
(2) develop a system of precedent.
(3) alter the constitutional allocation of legislative authority between the federal and provincial governments.
(4) do all of the above.
1
Which of the following is NOT included in the concept of real property?
(1) natural features, such as trees and streams
(2) moveable objects such as furniture
(3) land
(4) manmade improvements, such as buildings
2
what is agency law?
What is law of agency with example?
The law of agency is defined as the ability to act through another. In most cases, this applies to commercial relationships or contractual agreements. The most common example of this is in the employer-employee relationship. The employer is authorizing the employee to complete work on their behalf
Agency is the relationship that exists between two persons when one, called the agent, is considered in law to represent the other, called the principal, in such a way as to be able to affect the principal’s legal position by the making of contracts or the disposition of property
