Week 4

Question 1

the canadian legal system is derived from

Answer 1

english common law

Question 2

case law

Answer 2

a collection or body of judges decisions rendered over centuries of judicial consideration and refinement

Question 3

statute law

Answer 3

formal rules passed by legislation

Question 4

doctrine

Answer 4

found in textbooks and journals written by legal scholars and experts. These carry more weight in civil law systems than common law systems

Question 5

the legislative process

Answer 5

The power to pass legislation (make law) rests with Parliament at the federal level and the legislative assembly at the provincial or territorial level.
These statutes or acts can confirm, alter, limit, or rescind common law.
If sufficient political will exists, legislation can pass more swiftly than the courts can change law.

Question 6

The concept of a “higher law” or “natural law” suggests that:

Answer 6

Humans have the capacity for reason
Humans can judge what is “good” and “just” behaviour
Humans must be treated fairly and consistently

Question 7

civil law deals with

Answer 7

private disputes bw two sets of individuals

Question 8

tort law

Answer 8

A tort is a civil wrong committed by one person against another, such as causing that other some injury or damage (either to person or property).

Question 9

lawsuit process

Answer 9

1. Statement of claim
2. Statement of defence
3. Disclosure of evidence
   i. Documentary discovery
   ii. Examination for discovery
4. Pretrial conference
5. Trial
6. Enforcing judgement

Question 10

criminal code of canada achieves the following

Answer 10

Lists criminal offences
Outlines procedures governing arrests, laying of charges, release on bail, preliminary hearings, trials, and sentencing.
Contains provisions dealing with appeals.
Outlines three classes of criminal offences

Question 11

3 classes of criminal offences

Answer 11

Indictable offences
Summary conviction offences
Dual procedure (or hybrid) offences

Question 12

constitution

Answer 12

a set of supreme laws that define and regulate the various branches of government, their powers, and restrictions on those powers

Question 13

The Charter of Rights and Freedoms protects the fundamental rights of everyone to the following:

Answer 13

Freedom of religion and conscience
Freedom of thought and expression
Freedom of the press
Freedom of peaceful assembly
Freedom of association

Question 14

Canadian Democratic Rights

Answer 14

The right to vote
The provision that no Parliament or provincial legislature may continue for more than five years from the date of the last election
The requirement that Parliament or a legislature must sit at least once every 12 months

Question 15

Canadian Mobility Rights

Answer 15

Canadian citizens have the right to enter, remain in, and leave Canada.
Canadian citizens have the right to move and to take up residence in any province to pursue a livelihood.

Question 16

Canadian Legal Rights

Answer 16

The right to life, liberty, and security of the person
The right to be secure against unreasonable search and seizure
The right not to be arbitrarily detained or imprisoned
The right to be informed of the reasons for an arrest

Question 17

Canadian Equality Rights

Answer 17

race
sex
national or ethnic origin
colour
religion
age
mental or physical disability
sexual orientation

Question 18

Canadian Language Rights

Answer 18

The Charter states that French and English are the official languages of Canada, and contains minority language education rights.