Test #1

Question 1

What is primary sources of law?

Answer 1

Those parts of a legal system that have the longest historical development and represent the systems cumulative values, beliefs, and principles

Ex: Constitution, Legislation, Common Law

Question 2

What is secondary sources of law?

Answer 2

Current Laws that enshrine a society values in written rues and regulations that have been formulated by legislations and judges.

Ex: Textbooks, legal journals/articles

Question 3

What is a “Lobby Group”

Answer 3

A number of people trying to influence legislators on behalf of a particular cause or interest

Question 4

What is the rule of law?

Answer 4

The fundamental principle that society is governed by laws, which says that no person or government is above the law, this is applied equally.

Question 5

What is the manitoba act?

Answer 5

it established certain legal rights for the metis

Question 6

What are factors driving changes in law?

Answer 6

1. Demographic Changes
2. Technological Changes
3. Changes in Values
4. National Emergencies

Question 7

Explain Demographic changes and provide examples

Answer 7

A demographic change is change relating to birth and death rates or to trends in immigration, education and employment.

Examples:

1. New safety measures were passed to ensure a safer working environment in factories
2. Labor laws - women and men equal pay

Question 8

Explain Technological Changes. Provide examples

Answer 8

in 1867 the british parliament passed the British north america act now known as the constitution act which made canada a federal state. This Act gave the federal government in ottawa jurisdiction over such matters such as criminal law, national defence, and trade/commerce.

The framers of the act could not forsee later technological inventions such as the telephone, airplane, radio and internet.

New laws had to be passed over the years to make it clear which level of government had jurisdiction of these new inventions.

1. Advancements in technology needed new cyber laws to address cyber security
2. Development of e-vehicle, self driving cars required new laws and regulations
3. Copyright, and online licensing

Question 9

Explain Changes in values, and provide examples

Answer 9

People used to tolerste certain forms of behavior that would cause anger today. Often time because it took time for the public to realize how harmful these behaviors could be.

Emphasis on gender equality, changed laws on employment, and family laws

Environmental conservation has forced law changes with limiting emissions with productions

Drug laws changing - weed becoming legal

Question 10

Explain National Emergencies changes and provide examples

Answer 10

The canadian parliament has passed laws in response to conditions created by national emergencies. Sometimes they were created to be temporary but never removed when the crisis passed. Two key examples are: The war measures act, and the income tax act.

Income taxes (started after war)

War measures act (government gets power to restrict civil liberties to maintain order and security)

Anti terroism act

Question 11

Explain the war measures act

Answer 11

The war measures act gave the federal government the power to restrict the civil liberties of canadiens)

Question 12

Explain the anti terrorism act & public safety act

Answer 12

These acts greatly increase the investigative powers of police and security forces. They greatly increased the punishments for terrorism related charges

Question 13

What was one of the most unpopular measures in canadian history?

Answer 13

GST (Goods and services tax) there was no public support for this tax

Question 14

Explain case law/Common Law

Answer 14

A type of law developed in england that is based on following previous judicial decisions and is common to all people

Question 15

Explain Statute law

Answer 15

Laws passed by legislatures, thats written.

Question 16

Explain Constitutional law

Answer 16

In canada the body of written and unwritten laws that set how the country will be governed.

Question 17

Explain Judicial Independence

Answer 17

The principle that judges function independently of the government

Question 18

Explain Parliamentary supremacy

Answer 18

The principle that parliament has the supreme power of making laws

Question 19

What is Ultra Vires

Answer 19

Latin for beyond the power of

Question 20

What is intra vires

Answer 20

Latin for within the power of

Question 21

What is stare decisis

Answer 21

Latin for “to stand by the decision”

Question 22

Explain the mischief rule

Answer 22

A rule used by judges that help them understand a statute better by focusing on the problem or mischief the statute was intended to correct

Question 23

Explain what a constitution is

Answer 23

it is a countries rule book. Freedom, equality, and democracy is what Canada’s is based on

Question 24

What is Jurisdiction

Answer 24

Area where government is responsible for making laws

Question 25

What is statute interpretation

Answer 25

interoprating written law

Question 26

Explain a democratic government

Answer 26

A democracy is the easiest, most peaceful and most orderly way for a country to change a law.

A democracy gives people the power to change their government by voting in regular and free elections.

This allows unpopular governments to be voted out.

Question 27

What is canada’s primary source of law

Answer 27

the old testament of the christian bible

Question 28

Explain the lords day act

Answer 28

The Lord’s Day Act, enacted in Canada in 1906, was a law that mandated the observance of Sunday, often referred to as the “Lord’s Day,” as a day of rest and religious observance. The act prohibited most forms of commercial activity on Sundays, such as businesses opening and certain forms of entertainment taking place.

Question 29

Explain an independent justice system

Answer 29

judges cannot be intimidated by the threat of losing their position or of being jailed. Therefore judges must be able to function independently from other branches in the government.

Question 30

what is an apartheid

Answer 30

a former policy of the south african government that involved discrimination and segregation directed against non-whites

Question 31

Explain nelson mandela’s impact on law

Answer 31

Nelson mandela was born in south africa, and was there during a apartheid. he worked at a law firm and saw racial discrimination. he joined the african national congress, which was a group that was dedicated to overthrowing the apartheid. He was arrested in 1962 and sentenced to life in prison. He got out, won the nobel peace prize and in the first multicultural election he won and became president. His impact was that it showed people no matter how deeply entrenched unjust laws may be, they can be overturned and be replaced with a fair system.

Question 32

Explain the Rodriguez case

Answer 32

The Sue Rodriguez case was a landmark legal case in Canada that dealt with the right to assisted suicide. Sue Rodriguez was a woman who suffered from amyotrophic lateral sclerosis (ALS), a degenerative disease that would eventually lead to her losing control of her body and experiencing immense suffering.

Rodriguez challenged the legality of assisted suicide, seeking the right to end her life with the assistance of a physician. However, assisted suicide was illegal under Canadian law at the time.

The case went to the Supreme Court of Canada in 1993. In a close decision of 5-4, the court ruled against Rodriguez, stating that the existing law prohibiting assisted suicide did not violate her constitutional rights.

She lost the appeal, and it violated a criminal code section 241 which made it illegal for someone help someone else commit suicide.

She argued it went against section 7 of the charter which was security of the person.

Question 33

Explain theThe Richard Sauvé case

Answer 33

The Richard Sauvé case was a significant legal case in Canada that dealt with the rights of prisoners to vote in federal elections. Richard Sauvé was a federal inmate serving a sentence in a Quebec prison. In 2002, the Canadian government introduced a law that stripped federal prisoners of their right to vote in federal elections.

Sauvé challenged this law, arguing that it violated his constitutional right to vote under the Canadian Charter of Rights and Freedoms. The case ultimately reached the Supreme Court of Canada in 2002.

In a landmark decision, the Supreme Court ruled unanimously in favor of Sauvé, stating that the blanket ban on prisoner voting was unconstitutional. The court held that denying prisoners the right to vote infringed upon their fundamental rights and was not justified in a free and democratic society.

Question 34

What is an “ad hoc organization”

Answer 34

an organization created for a specific purpose

Question 35

what is a national organization

Answer 35

an organization that represents a particular group of people on a permanent basis and has more than one purpose or goal

Question 36

What royal commission

Answer 36

a board of inquiry appointed by the government to investigate and report on a particular issue

Question 37

Explain the R.v Lavalle case

Answer 37

The R. v. Lavallee case was a significant legal case in Canada that dealt with the defense of battered woman syndrome in cases of homicide.

Nicole Doucet was charged with second-degree murder for shooting and killing her abusive partner, Michael Ryan, in 1994. During her trial, Doucet argued that she acted in self-defense due to the severe and prolonged abuse she had suffered at the hands of Ryan. Her defense relied on the concept of battered woman syndrome, which refers to the psychological effects of long-term abuse on women.

The case reached the Supreme Court of Canada in 1990, where the court established new legal principles regarding the admissibility of evidence related to battered woman syndrome in cases of self-defense.

In its decision, the Supreme Court ruled in favor of Doucet, stating that evidence of battered woman syndrome was admissible in her defense. The court recognized that the syndrome could affect a woman’s perception of danger and her response to it, and it could be relevant in determining whether the accused acted in self-defense.

Question 38

What influence did the greeks have on canadian law

Answer 38

Trials by Jury: The concept of trials by jury, where a group of citizens decides the guilt or innocence of a defendant, has roots in ancient Greece. While the modern jury system is more closely associated with English common law, the Greeks had similar practices in some city-states, such as Athens. In Athens, certain cases were decided by large juries of citizens called “dikasts.” Although the Athenian system differed in some respects from modern juries, such as the absence of legal professionals, it demonstrated an early form of citizen involvement in legal decision-making that influenced later legal systems.

Citizen Participation: Ancient Greek democracy, particularly in Athens, valued citizen participation in government and legal affairs. Citizens had the opportunity to participate directly in the political process, including serving on juries, voting in assemblies, and proposing and debating laws. This emphasis on citizen involvement laid the groundwork for the democratic principles that would later influence legal systems, including those in Canada.

First to practice ‘limited’ democracy
Only men over 18 were citizens.
Women and foreigners= slaves

Charter sec. 3 right to vote
sec 11 - right to trial by jury

Question 39

what impact did the romans have on canadian law

Answer 39

Use of Codes: The Romans were known for their codification of laws, most notably with the creation of the Twelve Tables around 450 BCE. These tables were the earliest attempt by the Romans to create a code of law and served as a foundation for Roman jurisprudence. The idea of codifying laws—writing them down in a systematic manner—was revolutionary and influenced legal systems throughout history, including modern legal codes. This concept of codification laid the groundwork for civil law systems, where laws are primarily derived from written codes rather than case law.

Developed the use of lawyers

Question 40

What impacts did the aboriginals have on canadian law?

Answer 40

Legal Rights and Recognition to make bylaws: Indigenous peoples’ long-standing presence in Canada has led to legal recognition of their rights. The Canadian Constitution recognizes and affirms the rights of Indigenous peoples, including treaty rights, land rights, and self-government rights. Landmark legal cases, such as the Calder case in 1973 and the Delgamuukw case in 1997, have affirmed Indigenous land rights and title, shaping Canadian jurisprudence.

Treaty Rights: Indigenous treaties with the Canadian government form the basis for legal relationships between Indigenous peoples and the state. These treaties are constitutionally protected and have implications for resource management, land use, and governance within treaty territories.

Unanimous decision in court

Question 41

What impacts did the british have on canadian law

Answer 41

Presumption of Innocence: The presumption of innocence is a legal principle that holds that an accused person is considered innocent until proven guilty beyond a reasonable doubt. This principle is foundational to the Canadian legal system and is enshrined in the Canadian Charter of Rights and Freedoms. While the presumption of innocence has roots in ancient legal traditions, including Roman law, it was further developed and institutionalized in English common law. The British legal system heavily influenced the development and codification of this principle, which was subsequently adopted into Canadian law.

Rule of Setting Precedence (Stare Decisis): Stare decisis, Latin for “to stand by things decided,” is the principle that courts are bound by the decisions of higher courts in similar cases. This principle ensures consistency, predictability, and stability in the law. Stare decisis is a cornerstone of the common law system and is applied in Canadian courts. The rule of setting precedence, as it operates in Canada, reflects the influence of British legal traditions, where judicial decisions serve as binding precedents for future cases.

Common Law Tradition: Canada inherited the common law legal tradition from England. Common law is based on judicial decisions and precedents, where courts interpret and apply the law to specific cases. Canadian common law has evolved from English common law principles, although it has been adapted to reflect Canadian values and circumstances.

Question 42

What impacts did france have on canadian law

Answer 42

The Napoleonic Code, also known as the French Civil Code, was a legal code created in France under Napoleon Bonaparte’s rule in the early 19th century. It aimed to consolidate and modernize French law, providing a comprehensive set of rules for civil matters such as property, contracts, family, and inheritance.

The code emphasized clarity, consistency, and equality before the law. It drew upon various legal traditions, including Roman law, customary law, and legal reforms enacted during the French Revolution.

The Napoleonic Code’s influence on Canadian law is most pronounced in Quebec. Quebec’s Civil Code, which governs private law matters in the province, is heavily influenced by the Napoleonic Code and French civil law traditions. The Civil Code of Quebec, promulgated in 1866, reflects many of the principles and structures of the Napoleonic Code, including its emphasis on written law, clarity, and coherence.

Focus is on interpretation of the code, less emphasis on precedent

Question 43

What is an exculpating factor

Answer 43

a factor that clears a defendant of blame

Question 44

What is a legal scholarship

Answer 44

legal scholarship refers to academic research and writing conducted by legal scholars, academics, and researchers in the field of law. These scholars explore various legal topics, issues, and developments through rigorous analysis, interpretation of laws, examination of court decisions, and consideration of legal theories.

Question 45

What is a intervenor

Answer 45

an individual agency or a group of people not directly involved in a case but who as a third party has a special interest in its outcome

Question 46

What is an example of a lobby group

Answer 46

MADD

Question 47

Which individual struck down abortion laws?

Answer 47

Henry Morgantaler

Question 48

What is section 7 of the charter?

Answer 48

Life, liberty, and security of the person