Common Law

Question 1

What is another name for Common Law?

Answer 1

Case Law

Question 2

Who makes the decisions in Common Law?

Answer 2

Judges

Question 3

What do judges do in Common Law?

Answer 3

interpret and apply the law and the Constitution, and give impartial judgments in all cases

Question 4

What becomes part of the law in Common Law?

Answer 4

System of rules based on precedent

Question 5

What is set when a judge makes a ruling to clarify a law with no previous ruling

Answer 5

Precedent

Question 6

What can future judges look to for guidance according to Common Law?

Answer 6

Precedent

Question 7

What is the principle called in Common Law that means “to stand by what has been decided”?

Answer 7

Stare decisis

Question 8

In Common Law, what do judges follow when making decisions in future cases?

Answer 8

Precedents

Question 9

Under what condition can judges set new precedents in common law?

Answer 9

When the facts are substantially different

Question 10

What is an example of a situation where a new precedent might need to be set?

Answer 10

A case involving a hacked self-driving car causing an accident

Question 11

In what areas do judges still set precedents today because the law has not caught up?

Answer 11

Cell Phones, Privacy rights, Cyber Crime

Question 12

What type of legal system does Quebec primarily use for private law matters?

Answer 12

Civil Law

Question 13

What can people do if they feel the government has violated their Charter rights?

Answer 13

Take the government to court

Question 14

In which jurisdiction does Quebec use Common Law?

Answer 14

Federal Jurisdiction

Question 15

What must judges do in cases where the government is taken to court for violating Charter rights?

Answer 15

Make a decision and set a precedent

Question 16

What was the main legal issue in the case of Carter v Canada?

Answer 16

The legality of doctor-assisted death

Question 17

In what year did the Supreme Court of Canada agree to regulate doctor-assisted death?

Answer 17

2015

Question 18

What right did Kay Carter argue was being violated in her case?

Answer 18

Right to life

Question 19

.What often causes disputes between Federal and Provincial governments?

Answer 19

Jurisdiction over a particular area

Question 20

What must courts decide if a law is made outside a government’s jurisdiction?

Answer 20

If the law is constitutional

Question 21

What does “ultra vires” mean in the context of government powers?

Answer 21

Beyond the powers

Question 22

What is the meaning of “intra vires” in legal terms?

Answer 22

Within the powers

Question 23

Which term describes a law that is enforceable because the government has constitutional authority?

Answer 23

Statutory law.

Question 24

What is the highest court in the Canadian court system?

Answer 24

Supreme Court of Canada

Question 25

Which court is directly below the Supreme Court of Canada in the hierarchy?

Answer 25

Provincial Courts of Canada

Question 26

Which court handles military-related cases in the Canadian court system?

Answer 26

Court Martial.

Question 27

What type of courts are at the same level as the Provincial/Territorial Superior Courts?

Answer 27

Provincial/Territorial Courts of Appeal.

Question 28

What is the highest court in Canada?

Answer 28

Supreme Court of Canada

Question 29

.How many justices are on the Supreme Court of Canada?

Answer 29

9

Question 30

Approximately how many cases does the Supreme Court of Canada hear each year?

Answer 30

40-70

Question 31

What type of court is the Supreme Court of Canada described as?

Answer 31

Final court of appeal.

Question 32

What type of court is the Supreme Court of Canada described as?

Answer 32

Final court of appeal.

Question 33

What types of law does the Supreme Court of Canada have jurisdiction over?

Answer 33

Constitutional, civil, and criminal law.

Question 34

Which province’s civil law is included in the jurisdiction of the Supreme Court of Canada?

Answer 34

Quebec.

Question 35

Which court deals with minor offences like traffic tickets in Canadian provinces?

Answer 35

Provincial court.

Question 36

What type of cases does the Ontario Court of Justice handle?

Answer 36

Minor criminal and family law cases.

Question 37

Which court is responsible for larger criminal offences and most civil matters?

Answer 37

Superior Court.

Question 38

What is the primary function of the Court of Appeal for Ontario?

Answer 38

Hearing appeals from lower courts.

Question 39

Which matters are handled by the Federal Court System?

Answer 39

Federal law matters, immigration, and intellectual property.

Question 40

What type of legal matters are mostly handled by the provincial court system?

Answer 40

Family law, criminal law, and small claims.