Chapter 4 Flashcards
When a legal decision is being made, which of the following sources of common law has the highest degree of authority?
a. Doctrine
b. Case law
c. Statute law and regulations
d. Custom
ANS: C
Correct C: Statute law and regulations are the most authoritative source of common law.
Which of the following is being done by a judge who is attempting to determine negligence by applying principles from previous precedents and elaborating on them before making a decision?
a. Naming a litigant
b. Developing common law
c. Developing civil law
d. Preparing the case for the superior court
ANS: B
Correct B: Centuries of judgements, precedents, and previous cases all build on each other to form common law. The judge in this example is developing common law.
Which of the following statements accurately describes statute law?
a. A set of reasons for a decision in a particular case based on decisions made in previous cases
b. A formal written set of rules passed by a legislative body
c. The absence of specific and applicable legal principles
d. A system of rules and doctrines developed over time
ANS: B
Correct B: Statute law is a formal written set of rules passed by a parliament or other legislative body to regulate a particular area, such as Ontario’s Regulated Health Professions Act (1991), which regulates all of the health professions in Ontario.
Which of the following statements regarding the priority of a regulation is accurate?
a. An act is inferior to the regulation from which it flows.
b. The regulation is considered a guideline.
c. A regulation is known as subordinate legislation.
d. A regulation is known as inordinate legislation.
ANS: C
Correct C: A regulation is additional legislative detail written to assist in explaining a statute or act and its application. Thus, regulations are known as subordinate legislation, and the regulation is inferior to the act from which the regulation flows; the statute takes priority.
Which of the following is the most accurate description of jurisprudence in the Quebec legal system?
a. A body of precedent in Canadian common law that is superior to the civil code
b. A body of precedent in Quebec common law that is superior to the civil code
c. A body of precedent in the Canadian civil system that is inferior to the civil code
d. A body of precedent in the Quebec civil system that is inferior to the civil code
ANS: D
Correct D: Jurisprudence is a body of precedent used in Quebec civil law. It is merely evidence of how previous courts have treated a particular provision of the Civil Code of Quebec and is subordinate to the Code and not binding on a subsequent court.
Which of the following is the feature of justice that encompasses the notion that all people are equal before the law and entitled to the same rights and benefits?
a. Procedural fairness
b. Due process
c. Natural justice
d. Rule of law
ANS: B
Correct B: Due process is the feature of justice that encompasses the notion that all people are equal before the law and entitled to the same rights and benefits arising from the law.
A nurse named in a lawsuit is involved in a preparatory legal proceeding where it becomes apparent that the opponent has enough evidence to prove the case. What is this preparatory meeting called?
a. Documentary discovery
b. Examination for discovery
c. Pretrial conference
d. Disclosure
ANS: B
Correct B: During examination for discovery, each party has the opportunity to answer questions relevant to any matter raised, in the presence of both parties’ lawyers. No judge is present at this stage.
Which of the following statements accurately describes an indictable offence?
a. A “wrong” committed against another person under common law
b. A less serious type of criminal offence
c. The most serious type of offence under common law
d. The most serious type of criminal offence
ANS: D
Correct D: An indictable offence is the most serious type of criminal offence. Murder in the first degree is an example of an indictable offence.
Which of the following is considered an administrative tribunal?
a. A collective bargaining team
b. A nurses’ association review board
c. An appellate court
d. A trial court
ANS: B
Correct B: This review board would be considered an administrative tribunal. Administrative tribunals are not courts in the strict sense, though the adjudication is based on the respective rights and obligations of the parties who come before them.
Which of the following statements is the most accurate with regard to the impact of an appeal of a judgment to an appellate court?
a. A new trial with new witnesses will be involved.
b. It must be referred to a higher provincial court.
c. The matter must be referred to the trial court.
d. No new witnesses will be called.
ANS: D
Correct D: In an appeal to an appellate court, there is no new trial, only a review of the trial proceedings. There are no new witnesses called, and new evidence is seldom heard. The appeal ensures no errors of law were made and that findings of fact are based on properly admitted evidence.
What are the two primary sources of common law?
a. Statute law and custom law
b. Doctrine and statute law
c. Civil code and case law
d. Case law and statute law
ANS: D
Correct D: Statute law (a formal written set of rules) and case law (a collection of legal rules and principles based on precedent) make up the foundation for common law.
Which of the following are the three components of Canada’s government?
a. The judicial branch, the executive branch, and the legislative branch
b. The parliamentary branch, the Supreme Court, and the Commonwealth Doctrine
c. The Commonwealth Doctrine, the executive branch, and the judicial branch
d. The Court of Appeal, the Queen, and all statute laws
ANS: A
Correct A: The three components of Canada’s government are the judicial branch, or the court system; the executive branch, or the Queen and her ministers, who enforce the law; and the legislative branch, which consists of Parliament and the provincial legislatures.
Civil law is a component of common law.
ANS: F
Correct: Civil law is a different system of law than common law. Civil law is based on formally written, or codified, legal rules and principles. The majority of common law, unlike civil law, is not formally written down
A superior court, based on common law, must use the same principles and rules as an inferior court to decide a case with similar circumstances.
ANS: F
Correct: An inferior court, based on common law, must use the same principles and rules as a superior court to decide a case with similar circumstances. An inferior court (usually a trial court) is judicially subordinate to a superior court or an appellate (appeal) court in the hierarchical court structure. The superior court sets the precedent. This is known as the doctrine of stare decisis (“to abide by the decision”).
Provincial or territorial laws, known as statute laws, take priority over common law.
ANS: T
Correct: Statute laws are passed by Parliament or provincial or territorial legislatures, whereas common law is set by the courts over time. Statute laws take priority over common law and may confirm, clarify, alter, limit, or rescind common law as determined by the courts.
