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ALTA Quiz > For Citation Quiz > Flashcards

For Citation Quiz Flashcards

1
Q

What is the definition of legislature?

A

The federal or provincial law-making body

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2
Q

What is the definition of a legislation

A

The laws in force

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3
Q

What is a bill?

A

Bill: A proposed law before the legislature

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4
Q

What is statutory law?

A

Statutory law: Law expressed in a statute

(i.e. the Canada Elections Act)

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5
Q

What is common law?

A

Law developed by judges (case law)

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6
Q

What is civil law?

A

Law based on the civil code (Quebec)

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7
Q

What does it mean when they say “a court has jurisdiction”?

A

The legal authority to do something (jurisdiction of a court to hear certain matters vs. geographic jurisdiction)

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8
Q

What are the two sources of law?

A

Primary and Secondary

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9
Q

What is primary law?

Give some examples

A

Primary Sources

Statutes
Regulations
By-laws
Case law

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10
Q

What is secondary law?

Give some examples

A

Legal encyclopedias
Annotated statutes
Textbooks
Journal articles
Dictionaries

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11
Q

Can you rely on secondary sources?

A

Although secondary sources are very helpful, they are not a substitute for primary law

  • You cannot cite a legal encyclopedia as your source – you must cite directly to the law itself
  • Secondary sources help you understand and interpret primary law and they should be used as a guide
  • Some secondary sources (particularly textbooks) can be out of date, so it is very important that you find the current version of the law
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12
Q

What are the three branches of the CAD government?

A

Executive

Leglislative

Judicial

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13
Q

What does the executive branch do?

A

Executive

Can introduce bills to the legislative branch and create regulations

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14
Q

What does the legislative branch do?

A

Legislative
Members can introduce and vote on bills that become law

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15
Q

What does the judicial branch do?

A

Judicial

Judges responsible for interpreting and applying the law (but also exercise an important check on the other branches and ensure laws are constitutional)

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16
Q

What is the difference between a statute and a regulation?

Can you have a regulation without a statute?

A

Statutes are laws made by Parliament or the Legislature and are also known as Acts. They may create a new law or modify an existing one.

Regulations are the rules that address the details and practical applications of the law. The authority to make regulations related to an Act is assigned within that Act.

No. you need an act to make a regulation of the act.

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17
Q

How many readings does a federal bill need in each chamber of parliament?

A

Recall that a federal bill must go through three readings in each chamber of Parliament (House of Commons and Senate) to become law

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18
Q

If a bill has an “S” what does that mean?

A

It was introduced by the senate

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19
Q

If a bill has the letter “C” what does that mean?

A

House of commons

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20
Q

Once a bill passes in both champers, what will it receive? By whom?

A

Once the bill passes in both chambers, it will receive Royal Assent from the Governor General

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21
Q

What does a provincial bill need to pass?

Where does it need to pass?

A

A provincial bill in Ontario must also go through three readings, but only in the Legislative Assembly (there is no provincial Senate)

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22
Q

What is royal assent?

When royal assent is given, does the statute come into force automatically?

What are the three ways a statute can come into force?

A

Royal Assent is a process by which the King’s representatives are approving a new law. Thus it is a bill, until given Royal Assent and then it is a statute

Royal Assent and coming into force, however, are not always the same thing

A statute can come into force in three different ways: upon Royal Assent, on a specified date listed in the statute, or by proclamation

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23
Q

What is the process of making a regulation?

Is there always a minster authorized in the statute?

Are formal readings/approval by a legislature required?

A

The process for making a regulation is not as complex as that of a statute

A subordinate body will propose, draft, and approve the regulation

There is always a specific minister or entity authorized in a statute to develop regulations

Formal readings or approval by a legislature is not required, though a regulation has the same force of law as a statu

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24
Q

What is the difference between vertical stare decisis and horizontal stare decisis?

A

Vertical: SCC binds all lower courts

Horizontal: SCC binds other SCC decisions, COA binds other COA decisions.

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25
Q

Can the SCC hear federal or provincial cases?

A

Both. Can hear provincial COA cases and federal COA cases

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26
Q

Why is legal research necessary? Provide some examples

A

Legal research is necessary to:

  • Determine the applicable law
  • Locate the applicable law
  • Update the applicable law
  • Help you understand the law (this is where secondary sources come in)
  • Apply the law to the facts of your legal problem
  • Advise a client
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27
Q

Whats the IRAC stand for?

A
  1. Identify the issue(s) in a legal problem (ISSUE)
  2. Determine and locate the applicable law for each issue (and update
    the applicable law if necessary) (RULE)
  3. Apply the law to the facts of the legal problem (ANALYSIS)
  4. Reach a conclusion (CONCLUSION)
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28
Q

The “I” in the IRAC is usually stated as a what?

A

A question

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29
Q

Whats the point of providing case illustrations?

A

Designed to provide support and further clarification for the rule(s) you have outlined and explained

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30
Q

Statutes:

1) What does it do?

2) Does it have to go through formal bill passages?

3) Do amendments have to go through formal bill passages?

A
  • Sets out a broad legislative scheme (or roadmap)
  • Has to go through the formal bill passage stages to become law
  • Any amendment also has to go through the formal bill passage stages
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31
Q

Regulations:

1) What does it do?

2) What do you need in order to create a regulation?

3) What is it often called?

4) Does it need formal passes?

5) Is it as powerful as a statute?

A

1) Sets out more specific rules/procedure

2) Is created from an enabling statute

3) Also referred to as subordinate legislation

4) Unlike legislation, regulations are not made by Parliament but rather by persons or bodies that Parliament has given the authority to make them in an Act, such as the Governor in Council or a Minister. It does need formal passes, and are created and amended more quickly than statutes

5) Still has the same force of law as a statute

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32
Q

“This act may be cited as the divorce act”

Is this a short title or long title?

A

Short title

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33
Q

Is the short title or long title used in McGill Guide? (statutes)

A

Short title

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34
Q

What does long title often begin with? (statutes)

A

“An act respecting”…

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35
Q

What is the preamble portion for a statute?

A

Short statement explaining statutes content

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36
Q

What is the purpose portion for a statute?

A

Explains the specific purposes for which the statute was created

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37
Q

What is the interpretation section for a statute?

A

Provide definitions

Is critically important

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38
Q

What is the body for the statute?

A

Basically the table of contents

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39
Q

s 15(1)(a)(i)

How would you say this out loud

A

Section 15

Subsection 1

Paragraph a

Subparagraph I

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40
Q

Will the commencement information be in a consolidation version of a state?

A

No

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41
Q

Will the commencement information be in a annual state version?

A

Yes

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42
Q

What is the annual statute version?

A

Its what it looked like when it was originally passed

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43
Q
  • There are three main rules of statutory interpretation:
A
  1. The literal rule;
  2. The golden rule; and
  3. The mischief rule
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44
Q

What is the literal rule for statute interpretation?

A

Allows a court to consider the ordinary/common meaning of the words in a statute

  • Supreme Court of Canada has endorsed this rule as the guiding rule on multiple occasions
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45
Q

What is the golden rule for statute interpretation?

A

If the literal meaning of statutory language results in an absurdity, the court can modify it

  • The principle underlying this rule is that Parliament would not have intended for a statute to lead to absurd applications
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46
Q

What is the mischief rule for statute interpretation?

A

A court can examine what ‘mischief’ the drafters of the law were seeking to remedy

This rule involves looking at the state of the law prior to the passage of the statute in question

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47
Q

xx`

A

xx

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48
Q

What does Expressio unis est exclusio alterius mean?

A

the expression of one thing means the exclusion of the other”

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49
Q

What is the paramount rule in statutory interpretation

A

Remember that the paramount rule in statutory interpretation is to try to ascertain the legislature’s purpose in passing the law

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50
Q

Whats an annual statute?

A

Annual statutes are statutes passed in a given year

These versions of the statutes will appear as they were originally passed (no amendments)

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51
Q

Bill

Statute

Regulation

What are all three

A

A bill is a proposed law that needs royal assent to become law.

Once a bill passes, it becomes a statute which is law

Once a statute is present, a regulation can be made which governs how the statute is to be interpreted.

52
Q

Whats a consolidated statute? (consolidated version)

Whats a currency date?

A

Consolidated versions of statutes incorporate all amendments that have been made to the statute up to a certain date

This date is referred to as the currency date

53
Q

What was the last statute revision for federal laws?

A

The last federal statute revision was 1985

54
Q

When was the last provincial statute revision?

A

The last provincial statute revision in Ontario was 1990

55
Q

Whats an annual volume for statutes?

A

Annual volumes: statutes passed by Parliament in a specific year are collected and printed

56
Q

SC 1997 for statutes:

What does SC stand for

What does this mean?

A

(Statutes of Canada, 1997) contains only statutes passed in 1997

57
Q

True Or false: Statutes passed in Ontario each year are collected in a series for that year and printed in an annual volume

A

True

58
Q

What was the last federal revision?

A

The last federal revision was the Revised Statutes of Canada 1985 (RSC)

59
Q

What does RSC mean?

When was the last time it was used?

A

Revised statutes of Canada

1985

60
Q

What does RSO mean?

When was the last time it was used?

A

Revised statutes of Ontario

1990

61
Q

Ontario E-Laws website

A) What type of consolidated statutes does it contain

B) What type of annual provincial statues does it contain/since when?

A

The Ontario e-Laws website includes

(a) current consolidated provincial statutes; and

(b) annual provincial statutes enacted on or after January 1, 2000

62
Q

Federal justice laws Website

1) what type of consolidated statutes does it contain?

2) What type of annual federal statues does it contain/since when?

3) If you are researching an annual statute and you need to see what it looked like prior to the dates above, you must?

A

The federal Justice Laws website includes
1) current consolidated federal statutes; and
2) annual federal statutes enacted after 2001
3) Consult print statute books

63
Q

Decisions of provincial/territorial courts of appeal bind all lower courts within that xxxx?

A

Province

64
Q

What does “leave to appeal” mean?

A

Leave to appeal = seeking permission to appeal a decision

65
Q

What is the role of an appellate court?

A

The party appealing the case must show that an error was committed at the trial level

66
Q

What is a headnote in a case?

A
  • A headnote is a publisher/editor’s explanation of the case and it appears before the actual decision begins
  • Elements of a headnote:
  • “Catch lines” (i.e. “Constitutional law – Charter of Rights – search and seizure – police using thermal imaging device to take “heat” picture of accused’s home from aircraft without warrant”)
67
Q

When a court makes a decision in case law, (aka conclusion) what is this called?

A

The order being made at the end of the case is referred to
as the disposition

Examples:
“Appeal dismissed”
“Motion granted”
“Judgment in favour of the plaintif

68
Q

What is a great place to start when you need to conduct research?

Provide an example or two

A

Encyclopedias are a great place to start your research when you are unfamiliar with the legal issue

  • The Canadian Encyclopedic Digest (CED) is available online through Westlaw (your textbook shows you how to use this resource in Chapter 7)
  • Halsbury’s Laws of Canada is available through Lexis+
69
Q

Noting up a case

1) Why is it important

2) What two things does it show you?

3) What is it basically?

A

This is an important process used to determine if a case is still considered “good law”

1) Its judicial history (how it moved through the court systemand what was decided by lower courts); and

2) How it has been treated by subsequent cases (has it been consistently applied, distinguished, or overruled?)

3) Remember on stairs we had to look cases citing to/cases citing about? Thats basically noting up

70
Q

Why is noting up a statue important?

A

Noting up a statute allows you to see how a section of a statute has been judicially considered

This is useful when you have a statutory rule and you wish to see how courts have interpreted and applied that rule

71
Q

These are all examples of law reporters.

What does each mean?

SCR

OR

DLR

CCC

A
  • Supreme Court Reports contain only decisions of the Supreme Court of Canada
  • Ontario Reports contain decisions of the Ontario courts
  • Dominion Law Reports contain decisions from all over Canada
  • Canadian Criminal Cases contain cases relating to the specific field of criminal law
72
Q

Why would a case be published in a case reporter?

Any cases that is not in a case reporter/any reporter is referred to as?

A

Only a selection of cases will be published in a case reporter (i.e. a case that
clarifies a point of law or raises a novel issue)

The rest of the cases are referred to as unreported

73
Q

For case citation, what is a style of cause?

Is it always italicized?

Do you need a . after the V?

In criminal cases, what does “R” at the start mean?

A

Name of the case

Yes

No

R means Regina (The King)

74
Q

Malette v Shulman (1990), 67 DLR (4th) 321 (Ont CA)

1) What is the Mallete v Shulman component?

2) What is the 1990

3) What is the 67?

4) What is the DLR?

5) What is the (4th)?

6) What is the 321?

7) What is the (Ont CA)

A

1) Style of cause

2) Year of decision

3) Law report volume number

4) Name of law report serious (dominion law reporter)

5) Law report series number

6) Page number of reporter where case begins

7) Jurisdiction had to be added as it was not clear where the case is from

75
Q

R v Borden (1993), 24 CR (4th), 1993 CarswellNS 18 (WL Can) (NSCA).

Break down each component

A

R v borden= Style of Cause

1993= Year of decision

24= Law reporter volume

CR= Name of law report (Criminal Reports)

(4th)= Law report series number

1993= year of decision in

76
Q

R v Mathieu, [2008] 1 SCR 723.

Break it down

A

R v Mathieu is the style of cause

1= Law report volume

SCR= Name of law report series

723 Page number of reporter where case begins

77
Q

R v Manning, 2013 SCC 1

What is this?

Break it down

A

A neutral Citation

R v Manning= Style of cause

2013 is year of decision

SCC is abbreviated name of the court

1 Chronological number indicating the decision’s place in the order of cases decided by that court in a given year

78
Q

When do you need a parallel citation?

A

When you do not have a neutral citation

79
Q

Gordon v Goertz, [1996] 2 SCR 27, 134 DLR (4th) 321.

Break it down

A

Gordon=Style of cause

1996= year of decision

2=Law reporter volume

SCR= Law reporter

27= where it can be found in law reporter

80
Q

Junker v Hughes, 2016 ONCA 81 (CanLII)

What unofficial source is this from?

A

Canlii

81
Q

Junker v Hughes, [2016] OJ No 506 (QL)

What unofficial source is this from?

A
  • The Lexis+ citation will contain SCJ (for Supreme Court of Canada cases), BCJ
    (for British Columbia cases), OJ (for Ontario cases), etc.
82
Q

Junker v Hughes, 2016 CarswellOnt 1269 (WL Can)

What unofficial source is this from?

A
  • A Westlaw citation will always have the word “Carswell” followed by the jurisdiction information in the middle
83
Q

The McGill Guide establishes a hierarchy of sources:

Official reporter
Case law reporters/online databases
Neutral citation

Put them in order

A
  • Neutral citation
  • Official reporter (either Ex CR, FCR, or SCR)
  • Other sources (case law reporters or online databases)
84
Q

For cases that took place after 2000, what citation is typically available?

A

Neutral citation

85
Q

R v Oakes

How do we structure this citation for a Supreme Court of Canada case?

We need a parallel citation as well

[1986] SCJ No 7 (QL)
[1986] CarswellOnt 95
[1986] 1 SCR 103
16 WCB 73
19 CRR 308
24 CCC (3d) 321 50 CR (3d) 1
14 OAC 335
26 DLR (4th) 200
65 NR 87
53 OR (2d) 71

A

[1986] 1 SCR 103

26 DLR (4th) 200

86
Q

Black v Canada (Prime Minister)

[2001] OJ No 1853 (QL) 147 OAC 141
105 ACWS (3d) 239 199 DLR (4th) 228
54 OR (3d) 215
2001 CanLII 8537 (ON CA)

How do we structure this citation from an Ontario Court of Appeal case?

We need a parrell citation as well

A

54 OR (3d) 215

2001 CanLII 8537 (ON CA)

87
Q

Vriend v Alberta (AG), [1998] 1 SCR 493 at 532- 34, 156 DLR (4th) 385.

Break it down

A

Vfreind v Alberta (AG)= style of cause

1998 is the year of decision

1= Law reporter volume

SCR= Reporter

493= Page Number

532-534 pinpoint

the rest is the parralel citation

88
Q

R v Proulx, 2000 SCC 5 at para 27.

Break it down

A

Neutral citation

R v Proulx is style of casue

2000 is year of decision

SCC is the court

5 is the time in the year

para 27= pinpoint

89
Q

What is the difference between:

an annual statute

A consolidated statute

A revised statute volume

A

Annual statutes:
Statutes passed in a given year
- Available in print (Statutes of Canada or Statutes of Ontario) and online (Justice Laws and e-Laws)
* Will appear as they were originally passed
* No amendments are included in an annual statute

Consolidated statutes:
* Available on Justice Laws and e-Laws
* Will incorporate all amendments into the statute * The most current version of the law you can find

Revised statutes volume:
* An old method of consolidating statutes (prior to the internet)
* All amendments up to a certain date were incorporated
* Statutes were alphabetized and assigned new chapter numbers in the revision

90
Q

What is the difference between an official and unofficial source for statutes?

Why does this matter?

A

An official version of a statute or regulation can be used for evidentiary purposes

Remember that annual statutes found on justice laws are considered authoritative (not official)

Statutes and regulations found on online databases are unofficial

91
Q

Whats the difference between a consolidation period and currency date?

A

Consolidation period:
the period within which the law is accurate (i.e. February 1, 2023 to the e-Laws currency
date)

  • This means there was a recent change to the law
  • If you consulted a prior version of the statute, it would not reflect that most recent amendment

Currency Date
the date that the law is current up to
* The currency date might be a few days/weeks behind
* This means that any new amendment that was passed after that currency date will not be included in the consolidated version

92
Q

R v Oakes, 40 OR (2d) 660, 1983 CanLII 1850 (CanLII)

What is missing?

A

The year and jurisdiction

R v Oakes (1983), 40 OR (2d) 660, 1983 CanLII 1850 (CanLII) (Ont CA).

93
Q

S-3 for a bill means what?

A

It was the third bill introduced in the senate

94
Q

What is point in time research?

Why is it necessary?

A

This could involve any of the following:

  • Looking up the annual statute version on Justice Laws or e- Laws
  • Looking up a previous version of a consolidated statute on Justice Laws or e-Laws
  • Comparing a previous version of a statute to its current version using CanLII
95
Q

Carter v. Canada (Attorney General), [2015] SCC 5.

What is wrong with this?

A

1) No “.” after V
2) Carter-General needs to be italicized
3) 2015 does not need square brackets

96
Q

True or false: the consolidated regulations on e-Laws are considered official.

A

True

97
Q

Describe two (2) resources you could consult if you are looking for background on a particular area of the law.

A

1) Encyclopedias
2) Law journal articles
3) Textbooks

98
Q
  1. Which of the following citations is to a case law reporter?

(a) [2015] SCJ No 5
(b) 384 DLR (4th) 14
(c) 2015 SCC 5
(d) [2008] CarswellNB 12

A

Break each down

a) 2015 is the year, SCJ is the reporter, no 5 is the volume

b) 384 is volume, DLR is reporter, 4th is series, 14 is page

c) 2015 year, SCC is court, 5 is number

d) 2008 year, Carswell is reporter, 12 not sure

Answer is B

99
Q
  1. Explain what “c 21” indicates in the citation below.

Chiropractic Act, 1991, SO 1991, c 21.

A

Chapter 21

100
Q
  1. What is the difference between an annual statute and a consolidated statute?
A

A consolidated Act or regulation is one that has been updated and incorporates the amendments into the original text.

The Annual Statutes accessible on the Justice Laws Website are a collection of the Public General Acts in the form in which they were originally enacted by Parliament in a given calendar year.

101
Q
  1. Which of the following is not a part of a neutral citation?
    (a) Decision number
    (b) Year
    (c) Court level
    (d) Docket number
A

D

102
Q

Can you cite secondary sources?

A

No. Although secondary sources are very helpful, they are not a substitute for primary law

103
Q

What can the official version of a statute/regulation be used for?

A

An official version of a statute or regulation can be used for evidentiary purposes

104
Q

Can a unofficial version of a statute or regulation be referenced?

A

It cannot

105
Q

Are annual states found on Justice Laws binding?

A

no they are considered authoritative

106
Q

Are statutes and regulations found on line databases official or unofficial?

A

Statutes and regulations found on online databases are unofficial

107
Q

Justice Laws consolidated statutes

Official or unofficial?

A

Official

108
Q

Justice Laws consolidated regulations

Official or unofficial?

A

Offical

109
Q

E-Laws consolidated statutes

Official or unofficial?

A

Offical

110
Q

E-Laws consolidated regulations

Official or unofficial?

A

Official

111
Q

E-Laws annual statutes

Official or unofficial?

A

Official

112
Q

Are Statutes and regulations found on CanLII, Lexis, or WestLaw

Official or unofficial?

A

Unofficial

113
Q

Whats the only branch that can create regulations?

A

Executive branch

114
Q

For a federal bill, who gives royal assent?

For a provincial bill, who gives royal assent?

A

Governor General for federal

Lieutenant governor for provincial

115
Q

Provincial/territorial court

Provincial/terriotiral courts of appeal

Provincial/territorial superior courts

Supreme Court

Put them in order

A

The Supreme Court of Canada is the highest court in Canada

Provincial/territorial courts of appeal are next down the hierarchy (i.e. the Ontario Court of Appeal)

Provincial/territorial superior courts sit below courts of appeal (i.e. the Ontario Superior Court of Justice)

Provincial/territorial courts sit below superior courts (i.e. the Ontario Court of Justice)

116
Q

Whats the only court that can hear federal cases?

A

The SCC

117
Q

Is commencement dates omitted from consolidated versions of the statute?

If you want to find the commencement date, what should you do?

A

Yes.

Find the annual statute version

118
Q

Whats the modern approach to statutory interpretation?

A

The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliamen

119
Q

What is a statute revision’? What were the purpose? How were they published?

A

Massive revisions occurred in the past to consolidate (bring together) all amendments that were made to statutes over a certain period

These revisions were published in large print volumes

120
Q

Are the statutes of Ontario published annually?

A

Yes

121
Q

What does RSC mean?

When was the last one?

Can there be a RSC 1990?

A

RSC mean revised statutes of Canada

1985

No

122
Q

In case law, whats a Plurality opinion?

A
  • Plurality opinion = a decision that is not the opinion of the majority of the court, but the opinion that receives the most support
123
Q

The authority to create federal legislation rises with parliament of Canada, which comprises two chambers. What are the two chambers?

A

The authority to create federal legislation resides with the Parliament of Canada, which comprises two chambers: the House of Commons and the Senate.

124
Q

What happens when the House of Commons and senate pass a bill?

When does it become a legislation?

A

It becomes an act

Once it receives royal assent and comes into force, the new act has the status of legislation, and is enforceable as federal law.

125
Q

What does federal legislation include?

A

Federal legislation includes both statutes and regulation

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