Exam Review

Question 1

In the UK Rules of reception, what laws came in under conquest?

Answer 1

The law of the conquered people continued in force, except to the extent that it was
inconsistent with British Law (Ontario and QB)

Question 2

UK rules of reception under Settlement?

Answer 2

The settlers brought the law with them into a void and this became the initial law of the colony (rest of Canada other than Ontario and QB)

Question 3

Aboriginal Title refers to the right to decide
how the land will be used, right of employment and occupancy, right to possess the land, T/F?

Answer 3

true

Question 4

Common law is found in the decisions of legislators? TF?

Answer 4

False

Question 5

The Royal Prerogative refers to powers that the crown can exercise without authority of statute. T/F?

Answer 5

True

Question 6

Give two examples of Royal Prerogative Powers.

Answer 6

Issue of Passports, Declaring War/Peae, Granting honours, granting mercy, foreign relations

Question 7

Statutes are:

Answer 7

Laws Enacted by Parliament and the Legislatures.

Question 8

The Constitution provides?

Answer 8

A framework for the exercise of power by the government.

Question 9

The hierarchy of public law rules is:

Answer 9

Constitution, Statutes, Equity, Common Law/Royal Prerog.

Question 10

Which section of the CONS covers existing treaty rights?

Answer 10

35

Question 11

That the CONS is Counter-Majorian means:

Answer 11

It is a check on majority preferences and imposes limits on what kind of laws can be passed.

Question 12

The CONS can only be amended by

Answer 12

Super-Majority.

Question 13

What year was the CONS enacted and what was it’s original name?

Answer 13

The BNA, 1867

Question 14

What was the Balfour Declaration?

Answer 14

that the dominions are autonomous communities within the British empire, equal in status,

Question 15

1931 Statute of Westminister did what?

Answer 15

No law of the UK would extend to Canada unless Canada has requested and consented to the law

Question 16

What was the final time that the UK legislated in relation to Canada?

Answer 16

The Canada Act 1982

Question 17

Unanimous consent procedure means

Answer 17

amendments must be authorized by all provincial legislatures, the senate and the HOC.

Question 18

General Amending Procedure requires?

Answer 18

Amendments to be authorized by the HOC, the Senate, and at least 7 provincial Legislatures, repping 50% of the provincial populations.

Question 19

What are the two dominant approaches to CONS Interpretation?

Answer 19

Originalism and Progressive.

Question 20

In Canada the Courts have generally used Originalism (T/F)

Answer 20

False.

Question 21

The CONS is often referred to as a:

Answer 21

Living tree

Question 22

The Divisions of Powers are found in what sections of the CONS

Answer 22

91 fed/92 prov

Question 23

Property and Civil rights are federal jurisdiction. T/F?

Answer 23

False

Question 24

What type of rights does section 2d of the Charter provide?

Answer 24

Negative Rights

Question 25

During the Caretaker period after an election, the Government restricts itself to matters that are:

Answer 25

Non-Controversial Urgent and in public interest or easily reversible Agreed to by opposition parties

Question 26

The Queen is represented by

Answer 26

The Governor General

Question 27

How many Senators are there?

Answer 27

105

Question 28

The Senate provides what for the provinces with smaller populations?

Answer 28

Regional Representation

Question 29

How many MP's are there?

Answer 29

338, adjusted periodically

Question 30

What are the 3 sources of Executive Power

Answer 30

The CONS Statutes enacted by Parliament and Prov Legislatures Combo of Royal Pro and Common Law

Question 31

The majority of executive powers are?

Answer 31

Statutory

Question 32

Parliament and Provincial govs can delegate powers to each other? T/F?

Answer 32

False

Question 33

The King reigns but does not..

Answer 33

Govern

Question 34

The Supreme Court was established by an

Answer 34

Act of Parl 1875

Question 35

The 3 aspects of Judicial Independence are:

Answer 35

Security of Tenure, Financial Sec, Admin Independence

Question 36

Judges are accountable through two mechanisms:

Answer 36

The appeals process and the Judicial discipline bodies

Question 37

Parliament can legislate any statutes, provided it does not violate the:

Answer 37

Constitution

Question 38

All people appearing before a judge have a constitutionally protected right to a lawyer. T/F?

Answer 38

False

Question 39

The two possible bases of judicial review of administrative actions are:

Answer 39

Breach of procedural fairness and substantial merit

Question 40

Audi alteram partem means:

Answer 40

let the other side be heard