Chp 2: The Quebec Legal System

Question 1

Sovereignty

Answer 1

The people who inhabit a country have supreme and absolute power to govern themselves in whatever they choose. The power conferred by nationhood. The can make and enforce their own laws. Limits to the use of sovereign rights: physical limits (borders of the nation).

Question 2

3 elements of the Federal Parliament

Answer 2

1. House of Commons (elected members)
2. Senate (appointed members)
3. Monarch (King)

Question 3

2 elements of the Quebec Legislature

Answer 3

1. National Assembly
2. Monarch

Question 4

Governor General

Answer 4

The representative of the Crown in Canada. Appointed by the King upon recommendation by the Canadian Government.

Question 5

The King

Answer 5

Canadian Head of State

Question 6

Responsibilities of the Governor General

Answer 6

1. Ensure that the country always has a Prime Minister
2. Summons Parliament
3. Prorogues Parliament
4. Dissolves the existing Parliament
5. Gives assent to bills passed by both houses of Parliament, which then become Acts of Parliament
6. Canada’s host to visiting heads of state and distinguished visitors
7. Represents Canada abroad in an official capacity

Question 7

Lieutenant Governor

Answer 7

King’s representative in each province

Question 8

6 sources of law in the Quebec Legal System

Answer 8

1. The Canadian Constitution
2. Federal and Provincial Statute Law
3. Case Law - Jurisprudence
4. Doctrine
5. Custom or Tradition
6. Administrative Regulations

Question 9

The Canadian Constitution

Answer 9

1. Constitution Act, 1982.
2. It is the Supreme Law of Canada.
3. The only source of authority to make laws.
4. The framework by which Canada is governed.

Question 10

Statute vs Code

Answer 10

Statute: deals with only one subject. Ex. Quebec Charter of Human Rights and Freedoms
Code: deals with many subject in a broad area

Question 11

Jurisprudence

Answer 11

Source of law found in the judgements of the courts rendered in past cases.