Law 12 Test #2 Flashcards
Give three reasons why a judge may not follow precedent.
Three reasons why a judge might decide to not follow precedent are:
- The law was set so long ago that it no longer applies to a modern society.
- Cases regarding new technologies/the Internet don’t have much precedent to rely on.
- The judge simply disagrees with the decision.
Describe the various meanings of common law.
Common law can mean a couple different things.
- It refers to the idea that the law applies to everyone equally and has both general and universal applications.
- Common law also refers to the system of “case law” where judges make decisions based on other judges’ decisions in similar cases.
Describe a situation where the process of distinguishing a case might apply.
Distinguishing a case is when a judge redefines the precedent. One situation where this might occur could be in cases where someone stole something, and the previous judge had given them too large a sentence, so the new judge defies the precedent and gives a fairer sentence.
List three responsibilities of the federal government.
- Postal service
- Currency
- Military
List three responsibilities of the provincial government.
- Education
- Hospitals
- Highways and roads
Why has the role of the judiciary become more important since 1982?
The role of the judiciary has become more important since 1982 because since the Charter of Rights and Freedoms is entrenched in the constitution, justices must now interpret all of the laws while considering the Charter. Therefore, if a law conflicts with the Charter, it can be struck down.
What happens if a law comes in conflict with the Charter of Rights and Freedoms?
If a law conflicts with the Charter of Rights and Freedoms, it likely will end up being struck down.
What does it mean to read down a law?
What does it mean to strike down a law?
What is the most important difference between the Charter of Rights and Freedoms and the Canadian Bill of Rights?
What is the difference between a right and a freedom?
Explain why some politicians were concerned about entrenching the Charter of Rights and Freedoms in the Constitution.
Explain how the court’s role has changed since the Charter.
Explain what might happen if sec. 1 (reasonable limits) did not exist.
What limits are placed on freedom of expression?
