Final Prep

Question 1

Law of a single nation state

Answer 1

Domestic Law

Question 2

2 types of domestic law:

Answer 2

• substantive (criminal)
• procedural (trial procedures)

Question 3

Constitutional, criminal, administrative & taxation laws

Answer 3

Public Law

Question 4

Law of contract between individuals or corporations

Answer 4

Private Law

Question 5

Remedy of individual or corporate wrongs

Answer 5

Law of Tort

Question 6

Legislation and case law and unwritten law

Answer 6

Principle influences

Question 7

Custom and books of authority

Answer 7

Subsidiary influences

Question 8

Judicial decisions that do not take the form of a statute can be considered

Answer 8

Unwritten law

Question 9

Laws enacted according to parliamentary rules (passing bills, rule of recognition)

Answer 9

Statute Law

Question 10

Meaning is given to content of statutes by

Answer 10

Judicial Decision

Question 11

Decisions of courts at all levels (judicial precedents)

Answer 11

Case Law

Question 12

The reasons for the decision

Answer 12

Ratio decidendi

Question 13

Statements, btw

Answer 13

Obiter dicta

Question 14

Practices and patterns of behaviour through which society has come to order itself

Answer 14

Custom

Question 15

Most forms of law originally derived from

Answer 15

Custom

Question 16

Canadian law imported from Britain is rooted in

Answer 16

Custom

Question 17

Entrenchment of the Charter led judges to rely more on

Answer 17

Books of authority

Question 18

R.v. Case that led to the notion that time delays undermine access

Answer 18

R. V. Jordan

Question 19

Lowest Level of Courts

Answer 19

Provincial and Federal Administrative Tribunals

Question 20

2nd level up of courts

Answer 20

Provincial and federal courts

Question 21

Last court stops before SCC

Answer 21

• Court Martial Appeal
• Provincial Court of Appeal
• Federal Court of Appeal

Question 22

Court that handles workers comp, human rights, labour relations, landlord-tenant, impaired driving

Answer 22

Administrative Tribunals

Question 23

Appeals (Judicial Review) go to the

Answer 23

Superior Trial Courts

Question 24

First Decision Making Bodies, include criminal, family, small claims, liquor control, youth, traffic where appeals go to superior trial courts

Answer 24

Provincial/Territorial Courts

Question 25

Courts that handle indictable offences, trials of prov. Court judge, defamation, above $$50 claims, criminal/family appeals, judicial review of administrative tribunal appeals

Answer 25

Superior Courts

Question 26

First Federal Decision Making Bodies that handles civil disputes, citizenship, fed elections, FN governance, Privacy & Access to Info, human rights, public sector, national security, military discipline, oceans/fisheries & judicial discipline

Answer 26

Federal Court of Canada (Trial Division)

Question 27

Second decision-making bodies (provincial) - civil and fam law appeals, review of criminal cases and fact error

Answer 27

Provincial Appellant Courts

Question 28

Appeals from judgements of the Federal Court and Tax court, Judicial Review of 17 federal boards and tribunals

Answer 28

Federal Court of Appeal

Question 29

Court of Last Resort, 1 Chief Justice and 8 Justices, hears appeals from criminal cases when there has been a dissent on question of law/mixed-fact law, matters must be in public interest, lawyers court (no witness testimony)

Answer 29

SCC

Question 30

4 Kinds of Social Control Remedies

Answer 30

- compensation - conciliation - punishment - treatment

Question 31

Essential Characteristics of Canadian Courts

Answer 31

- adversarial (truth seeking via procedural fairness, judge + jury, win-lose) - open access - formality

Question 32

All courts engage in conflict resolution through a

Answer 32

Dramatization function (benefits public and affirms core values)

Question 33

Wrongful Prosecutions and Convictions are reviewed by

Answer 33

Courts of Appeal

Question 34

Number of people exonerated since 1993

Answer 34

24

Question 35

Miscarriage of justice falls under s. __ of the criminal code

Answer 35

696

Question 36

Morgentaler was acquitted by jury but then parliament introduced an amendment disallowing ___ to reverse acquittal decisions from juries

Answer 36

Appeal courts

Question 37

Under s. 11b the Charter enshrines the right to

Answer 37

Be tried within a fair timeframe

Question 38

Cases prompting s. 11b

Answer 38

R. v, Asimov R. V. Jordan

Question 39

Weaknesses of Canada’s Courts

Answer 39

- delay and fallibility - underfunded & costly - labrinthine processes - use of alternative dispute resolution

Question 40

___programs cannot violate the equality provisions of s. 15(1) of the Charter And cannot discriminate on the basis of a prohibited ground. Discrimination is permitted, however, if the program benefits a group that was previously discriminated against

Answer 40

Affirmative action

Question 41

4 Areas the LSAT Measures:

Answer 41

- reading comprehension - analytical reasoning - logical reasoning - writing sample

Question 42

Criticisms of LSAT

Answer 42

- same of standardized tests - does not objectively measure ability since wealthy have advantages - cultural imposition cited by Dawna tong/Wesley Pue

Question 43

Year 1 of Law School Curriculum focuses on

Answer 43

Torts, real property, personal propert, criminal law, jurisprudence, constitutional law and contracts

Question 44

Years 2-3 Law School Curriculum focus on

Answer 44

Wide range of courses and approaches to law

Question 45

Canadian Judicial Recruitment Standards of Conduct include:

Answer 45

- impartiality/accountability - Judge appointment (under s. 91/92 powers)

Question 46

In the US judges are

Answer 46

Elected

Question 47

Impartiality requires independence from

Answer 47

Political branch