Law and the Media

Question 1

The legal system that relies heavily on case precedence is called___.

Answer 1

Common Law

Question 2

Civil law is based off of _____. It is practiced in Quebec and a European based system.

Answer 2

the Civil Code. Soundness of reasoning over precedence.

Question 3

The Constitution is also known as___. (1867)

Answer 3

The British North America Act. It was signed in PEI, and is the foundation of all laws in the country.

Question 4

Pertaining to the Constitution, the Federal Parliament was given the power to:

Answer 4

Regulate trade and commerce, taxation, borrowing of money, military, banks, postal service, immigration and penitentiaries.

Question 5

Pertaining to the Constitution, the Provincial Parliament was given the power to:

Answer 5

tax, make provincial offices, run some prisons, hospitals and healthcare, municipal institutions, liquor, local works, incorporating companies, property ownership

Question 6

What are the 3 branches of the government?

Answer 6

• Legislature: makes and passes the law
• Executive: PM office, cabinet, ministries, CRA
• Judicial: courts, judges, enforce the law, police

Question 7

Name 4 forms of laws

Answer 7

• Constitution
• statutes
• regulations
• common law

Question 8

What was the significance of the Constitution Act, 1982 (34 years ago)?

Answer 8

Canada became a Federation, so it could pass its own laws without England’s involvement. It also introduced the Charter of Rights and Freedoms into the new Constitution.

Question 9

Name a few of our Fundamental Freedoms outlined in the Charter of Rights and Freedoms.

Answer 9

• Of conscience/religion
• of thought belief, opinion and expression, including the freedom of the press and other media of communication
• of peaceful assembly
• freedom of association
• freedom of mobility (within Canada, etc)
• Freedom of life, liberty, security of person
• equality before and under the law

Question 10

What country has the oldest constitution?

Answer 10

The US. (1776)

Question 11

What are the two types of law that we discussed in class?

Answer 11

• criminal law

- civil law

Question 12

What does criminal law pertain to?

Answer 12

This is when someone is charged with an offense for breaking the law.

Question 13

What does civil law pertain to?

Answer 13

This is when and individual is looking for compensation after having been civilly wronged.

Question 14

Who defines the law?

Answer 14

The courts (judiciary) interpret the laws

Question 15

Who makes the law?

Answer 15

The legislative (parliament)

Question 16

True or False: Courts of specialization have the same amount of authority as trial court

Answer 16

True: they are just specialized in specific areas, but they are equal to trial court

Question 17

In civil court cases who has the burden of proof?

Answer 17

The plaintiff. It is based off of a balance of probabilities, after a preponderance of the evidence.

Question 18

In civil court cases who are the two parties?

Answer 18

The plaintiff and the defendant, the defendant will be found liable.

Question 19

In criminal court cases who has the burden of proof?

Answer 19

The Crown has the burden of proof. They must prove the accused is guilty “beyond a reasonable doubt”.

Question 20

In criminal court cases who are the two parties?

Answer 20

The Crown and the defendant

Question 21

What are the 3 levels of the court system?

Answer 21

• Supreme Court (of Canada)
• Appeal Court
• Trial Court (including Courts of Specialization)

Question 22

List people who are present in a courtroom

Answer 22

• Plaintiff
• defendant
• judge
• lawyers
• bailiff
• jury (not always)