Courts and the Justice System

Question 1

What is the function of the Courts?

Answer 1

Statutory interpretation
Conflict resolution
Oversight of administrative tribunals

Question 2

What are the three levels of provincial courts?

Answer 2

Provincial court
Supreme court
Court of appeals

Question 3

Which court can hear cases involving either federal or provincial laws?

Answer 3

Provincial court

Question 4

What type of provincial court system handles :
Criminal
Family
Youth
Traffic
Small claims
*Some Environmental* court system?

Answer 4

Provincial court

Question 5

What type of provincial court system has inherent jurisdiction to hear any case unless specifically limited by statute?

Answer 5

Supreme court

Question 6

True/False

Supreme courts are administered provincially, but judges are appointed and paid federally.

Answer 6

True

Question 7

Which court system decides appeals from provincial courts and can review administrative tribunal decisions?

Answer 7

Supreme court

Question 8

Which court system sits as a panel of three and hears appeals from decisions of another court?

Answer 8

Court of appeal

Question 9

How many judges does the supreme court of Canada consist of?

Answer 9

8 judges

Question 10

Who accompanies the judges in the supreme court of Canada?

Answer 10

Chief Justice

Question 11

In the supreme court of Canada, how many judges must be from Quebec?

Answer 11

Three

Question 12

Which court is the final court of appeal from all Canadian courts?

Answer 12

Supreme court of Canada

Question 13

What does the supreme court of Canada have jurisdiction over?

Answer 13

All areas of the law

Question 14

Before a case can reach the supreme court of Canada, what must it have used up?

Answer 14

All available appeals at other levels of court

Question 15

Which level of the court system must grant “leave” to appeal before it will hear a case?

Answer 15

The supreme court of Canada

Question 16

When is “leave” granted?

Answer 16

Involving a question of public importance
Raises an important issue of law
Is significant enough to be considered

Question 17

What court system is responsible for judicial review of decisions of federal administrative tribunals?

Answer 17

Federal court

Question 18

Maritime law, immigration, and refugee claims all fall under what jurisdiction?

Answer 18

Federal legislative

Question 19

Which system deals with disputes outside the court system?

Answer 19

Administrative tribunals

Question 20

What is the rationale for tribunals?

Answer 20

Less formal = more public friendly
Less costly
Greater expertise and technical knowledge

Question 21

What are the two types of administrative tribunals?

Answer 21

Quasi-judicial

Advisory

Question 22

What decisions does a quasi-judicial tribunal make?

Answer 22

Legally binding

Question 23

Which tribunals make recommendations only?

Answer 23

Advisory

Question 24

Courts exercise a supervisory role over what?

Answer 24

Administrative tribunals

Question 25

What are 3 examples of BC Environmental Tribunals?

Answer 25

Environmental appeal board
Forest appeals commission
Forest practice board

Question 26

True/False

Administrative decision makers grant permits.

Answer 26

True

Question 27

True/False

Administrative decision makers decisions are not subject to review by the courts.

Answer 27

False

Administrative decision makers decisions ARE subject to review by the courts.

Question 28

Criminal, Constitutional, Administrative, Immigration and Environmental law are categorized by which type of law, Public, or Private Law?

Answer 28

Public Law

Question 29

Property, Contract, Family, Tort, and Environmental law are categorized by which type of law, Public or Private Law?

Answer 29

Private Law

Question 30

Private law is also referred to as what type of law?

Answer 30

Civil Law

Question 31

Criminal law cases are a dispute between which two parties?

Answer 31

Courts vs individual

Question 32

Civil law cases are a dispute between which two parties?

Answer 32

Individual vs individual

Question 33

In Civil law cases, the plaintiff must prove his or her case based on what?

Answer 33

The balance of probabilities

Question 34

In criminal law, prosecution must prove the offence beyond what?

Answer 34

A reasonable doubt

Question 35

What are 3 common law concepts?

Answer 35

Cause of action
Remedy
Standing

Question 36

What is a limitation of common law?

Answer 36

If there is no precedent, it can be difficult to determine what the outcome of the case will be

Question 37

Canada’s constitution consist of two acts, when were they created?

Answer 37

1867 & 1982

Question 38

What are 2 key sections of the Constitution Act, 1867 are referred to as the “division of powers”?

Answer 38

Section 91: Powers of the federal parliament

Section 92 & 92A: Powers of the provincial legislature

Question 39

What sections of the Constitution Act, 1982 are key sections?

Answer 39

Section 1-34: Canadian charter of rights and freedoms

Section 35: Aboriginal rights

Question 40

If the courts declare a law to be of no force or effect, what is it referring to?

Answer 40

An unconstitutional law

Question 41

What is it called when Federal and Provincial governments work together to delegate and share power?

Answer 41

Co-operative federalism

Question 42

Which major jurisdiction is not specifically allocated in the constitution of 1867 or 1982?

Answer 42

Environmental Jurisdiction