Deck 3: The Organization of Law

Question 1

A Supreme Court ruling concerning the interpretation of a provincial statute is ___________.

A) binding on all courts in Canada
B) binding on all courts in that province
C) applicable to only those provinces with similar statutory provisions
D) applicable in all provinces except Quebec
E) exceptionally rare, unless it pertains to constitutional issues

Answer 1

C

Question 2

Intentional torts are actions taken by an individual or organization that are meant to cause harm.

Answer 2

True

Question 3

A challenge for cause can be made on the grounds that a juror failed to meet the occupational requirements.

Answer 3

True

Question 4

Goldman and Sarat characterize the ________ dispute by the absence of any initial participation by public authorities.

A) private
B) public-initiated
C) retributive
D) public defendant
E) adjudicated

Question 5

Researchers have found that the Supreme Court's credibility has _______ since the new millennium.

A) fallen
B) improved
C) peaked
D) ? held steady
E) varied depending on the nature of their judgments

Question 6

The defence of consent is based on the argument that the perpetrator fully knew the potential outcome of his/her wrongdoing and acted in spite of this knowledge.

Question 7

In a plea bargain,terms of negotiation include charges,procedures,sentences,and facts of an offence for the purposes of a guilty plea.

Question 8

Intentional torts are deliberate acts that cause harm to persons or property.

Question 9

Jury trials are most common in England.

Question 10

According to Goldman and Sarat,the government participates as defendant in the ______ dispute.

A) private
B) public-initiated
C) retributive
D) public defendant
E) adjudicated

Question 11

Goldman and Sarat characterize the ________ dispute as one that seeks to use the courts to determine whether a particular beach of law occurred and whether sanctions should apply.

A) private
B) public-initiated
C) retributive
D) public defendant
E) adjudicated

Question 12

Which court has jurisdiction over the Canadian military?

A) federal courts
B) provincial/territorial courts
C) Canadian Forces Martial Court
D) specialized federal courts
E) Supreme Court of Canada

Question 13

Sexual assaults are the least likely to be heard by a sentencing circle.

Question 14

Superior court judges are administered by _____________.

A) provincial/territorial governments
B) the federal government
C) an ombudsman
D) the Canadian Judicial Council
E) a blind review process

Question 15

Remoteness of damage refers to the extent to which the negligent act can be reasonably linked to the damages claimed.

Question 16

A voir dire is a trial within a trial to decide upon _____________.

A) admissibility of evidence
B) witness credibility
C) all matters of administrative import
D) all matters of jurisdictional relevance
E) all of the above

Question 17

A peremptory challenge allows dismissal of a juror without reason by the Crown only.

Question 18

Provincial/territorial courts deal with ___________.

A) mostly criminal offences
B) family law matters
C) young persons in conflict with the law
D) traffic violations
E) all of the above

Question 19

Goldman and Sarat characterize the ________ dispute as when the government seeks to enforce norms of conduct or to punish individuals who violate such norms.

A) private
B) public-initiated
C) retributive
D) public defendant
E) adjudicated

Question 20

A shadow jury is retained in the event that an original juror is unable to fulfill his/her duties.

Question 21

Discuss the manifest and latent outcomes of police discretion.

Question 22

Describe the functions of tort law in society.

Question 23

Three styles of policing are discussed in your text.Identify and comment on which style you think is most important and why.

Question 24

Should sentencing circles be used more liberally in Canadian courts for Aboriginal populations,should they choose this route? Why or why not?

Question 25

Discuss the objectives that are put forth in consideration by a judge before sentencing.