Exam

Question 1

________________ matters for society as a whole

Answer 1

Public law

Question 2

_________________ rules for relationships between individuals

Answer 2

Private law

Question 3

____________________ legislation created by government

Answer 3

Statute law

Question 4

__________________ is the supreme law of the land

Answer 4

The Constitution

Question 5

_________________ are created by municipal (city, town, etc.) councils

Answer 5

By-laws

Question 6

_________________ is guidelines/standards between states

Answer 6

International Law

Question 7

___________________ is case law created by judges

Answer 7

Common law

Question 8

________________ is written laws enacted by legislative bodies

Answer 8

Statute or statutory law

Question 9

Law could be struck down unless ____________________.

Answer 9

Perceived necessary for the greater good of all people

Question 10

______________________ is agreements, conventions, and treaties that nations establish

Answer 10

International law

Question 11

______________________ is rules for actions & operations of government agencies

Answer 11

Administrative law

Question 12

________________ is written decisions of judges in court cases and tribunals

Answer 12

Case law

Question 13

_________________ adhere to precedent (let the decision stand)

Answer 13

Stare decisis

Question 14

_________________ is an obligation

Answer 14

Fiduciary Duty

Question 15

The fiduciary has power over the ____________

Answer 15

Beneficiary

Question 16

Breaches of fiduciary are ___________________.

Answer 16

Kickbacks, no informed consent, sexual gratification, buy/sell

Question 17

A ________________ is when one party is required to defend the interest of another (e.g. lawyer and client)

Answer 17

Fiduciary

Question 18

_____________________ essentially means that there are administrative laws that help us carry out the common laws and that state and outline what is to be fair.

Answer 18

Procedural fairness

Question 19

An example of _______________ is Donald Trump (hates law but doesn’t govern law)

Answer 19

Procedural fairness

Question 20

________________ is the state to care for those unable to care for themselves (or protect) (e.g. a child with a disability, someone in a coma, etc)

Answer 20

Parens Patriae

Question 21

__________________ can be applied when courts deem it necessary to advance the best interest of the child

Answer 21

Parens patriae

Question 22

_____________________ is when the law or provision is invalid

Answer 22

Striking down

Question 23

_____________________ is when portions of law are invalid

Answer 23

Partial invalidity

Question 24

___________________ is narrowly interpreting law (e.g., in a particular context)

Answer 24

Reading down

Question 25

______________________ is expanding reach law if something is omitted or excluded that ought to be included

Answer 25

Reading in

Question 26

__________________ is the parent that lives with
(and cares for) child all or most of the time

Answer 26

Custodial parent

Question 27

_______________________ is the parent that has right to
‘access’ or shares some physical time with
child

Answer 27

Access parent

Question 27

is the best interest test applicable under the Hague Convention?

Answer 27

No

Question 28

Canadian children are 8x more likely to be abducted by a parent than a stranger. True or false?

Answer 28

True

Question 29

Parent takes a child to Country A and parent from Country B objects. Parent in Country B CAN use CCAICA even though Country B has not adopted the Convention. True or False?

Answer 29

False

Question 30

The _____________________ approach for determining habitual residence is based on the child’s experiences

Answer 30

Child-centred approach

Question 31

The ___________________ approach for determining habitual residence is based on the settled intention of the family

Answer 31

Parental intention approach

Question 32

The ______________________________ approach for determining habitual residence is based on looking at all relevant considerations

Answer 32

Hybrid approach