Question 1

What is the primary source of legislation in a democracy?

Accepted Answer

In a democracy, the primary source of legislation is the representative assembly, such as a parliament or congress, where elected officials create and pass laws.

Question 2

Which of the following is the best example of a human right?

Accepted Answer

The right to believe whichever religion one wants is the best example of a human right. It is a fundamental right that allows individuals to practice their belief system without fear of persecution or discrimination, and it is recognized by international laws and treaties such as the Universal Declaration of Human Rights. Both A) and C) are not universally recognized as human rights, and B) is important for access to services but may not be considered a fundamental human right in the same way that freedom of religion is.

Question 3

The concept of stare decisis is an important one for law.What does this term mean?

Accepted Answer

Stare decisis is a Latin term that means "to stand by things decided." In law, it refers to the principle that courts should follow the precedent established by previous court decisions in similar cases. Essentially, this means that once a legal principle has been established by a court, that principle should be applied consistently in similar cases in the future, unless there is a compelling reason to deviate from the precedent set.

Question 4

Which of the following promotes the view that the law is not just the command of the sovereign?

Accepted Answer

The answer of Which of the following promotes the view...

Question 5

There are two systems of private law in Canada.One of them is the code civil of Quebec.What is the other?

Accepted Answer

The English common law system is the other system of private law in Canada, alongside the civil law system of Quebec. The common law system is based on case law and operates in all other provinces and territories of Canada except Quebec.

Question 6

Which term refers to formal decisions of the cabinet?

Accepted Answer

The answer of Which term refers to formal decisions of...

Question 7

Which term most precisely refers a particular piece of legislation?

Accepted Answer

A statute refers to a specific piece of legislation that has been enacted by a legislative body or government. It is more precise than the term "law," which is a broader term that can refer to a variety of legal rules and principles. The term "code" can refer to a systematic collection of laws or regulations, but it is not as specific as a statute. The term "positive law" refers to the body of written laws and regulations that have been enacted by a particular government or other legislative body, but it is not as precise as the term "statute."

Question 8

Which term is sometimes used to refer to laws made by the state?

Accepted Answer

Positive law refers to laws that have been enacted by a duly instituted and recognized human authority. In contrast, natural law refers to a set of inherent principles believed to govern moral behavior, not created by humans but rather discovered through reason. State laws are specific examples of positive law, as they are created by state legislatures or other governmental bodies.

Question 9

Which of the following is an example of a code?

Accepted Answer

A code refers to a written set of laws or regulations. Option C is an example of a representative assembly writing out regulations, which constitutes a code. The other options do not involve a written collection of laws or regulations.

Question 10

Given the use of doctrine of stare decisis in Canada,which of the following scenarios is LEAST likely to occur?

Accepted Answer

The doctrine of stare decisis means that courts are bound by previous decisions (precedents), making it unlikely for the Supreme Court to change a decision based on public protests.

Question 11

An innovative high-tech company has announced that it will be releasing a mini device that can be used to track strangers through GPS positioning and cell phones.Which legal system would be best able to deal with legal implications of such a device?

Accepted Answer

A system based on legislative initiatives would be best able to deal with legal implications of such a device, as it would require new legislation and regulations to be put in place to address privacy concerns and potential misuse of the device. Common law and customary law may take longer to adapt to these new technologies, and natural law may not provide specific guidance on how to handle this issue.

Question 12

Which of the following is NOT an expression of natural law principles?

Accepted Answer

Natural law principles are derived from observations about the natural world and human nature. The idea that human beings have a biological predisposition to follow the laws of a political leader is not an expression of natural law principles, as it is more of a social construct or political theory.

Question 13

Representative assemblies,such as the Parliament of Canada,pass statutes that set up a framework for other bodies to create legally enforceable rules.Which term refers to this framework?

Accepted Answer

Delegated legislation refers to the process where legislative bodies, like the Parliament of Canada, pass statutes that empower other bodies or individuals to create rules within the framework set by these statutes. This allows for more detailed and specialized regulations to be developed by those with the appropriate expertise.

Question 14

Which of the following is NOT an example of private law?

Accepted Answer

Private law deals with issues between individuals or groups, while public law deals with issues between individuals or groups and the government. Choice C involves a challenge to a statute legislated by the federal government, which is an example of public law. The other choices involve private law issues such as family law, employment law, and civil law.

Question 15

From the practical viewpoint of the average citizen,what is the difference between 'regulations' and 'by-laws'?

Accepted Answer

Regulations and by-laws are both sets of rules that govern behavior, but they come from different authorities. Regulations are typically issued by national or federal government agencies, while by-laws are created by local or municipal governments. Despite their different sources, both are legally binding and should be respected equally by citizens. The seriousness of violating them depends on the specific rule and the penalties defined, not on whether it is a regulation or a by-law.

Question 16

Which of the following is an example of a statute?

Accepted Answer

A statute is a law passed by a legislative body, such as a representative assembly. Choice C describes a situation where a representative assembly writes out regulations, which is an example of a statute. Choices A and B describe processes that do not involve a legislative body, and choice D describes a regulation made by a judge, not a legislative body.

Question 17

A purely personal rule of conduct is usually called a statute.

Accepted Answer

A personal rule of conduct is usually called a personal code or personal ethics. A statute is a law enacted by a legislative body.

Question 18

One rural region requires its citizens to recycle or face a fine.The neighbouring region allows its citizens to throw everything in the garbage with no penalty.What is the most likely reason for this distinction?

Accepted Answer

The fact that one region has a by-law requiring recycling while the neighbouring region does not suggest that the difference is due to a specific legal requirement in one region and not the other. Customary laws, common law, and lack of precedent are unlikely to explain such a distinct policy difference.

Question 19

Law in the broadest sense means a rule or regularity in the behaviour of any element in the universe.

Accepted Answer

This definition of law is consistent with the general concept of law as a universal principle or pattern of behavior that governs various phenomena in the natural world. It is not restricted to legal rules or regulations pertaining to human society.

Question 20

Stare decisis means "to stand by what is decided." What does this mean in general for Canadian courts?

Accepted Answer

Stare decisis means that Canadian courts attempt to follow precedent when it applies, which means that they will typically try to follow the decisions of higher courts in previous cases with similar facts or issues. However, they are not bound to always do so and can make their own decisions on the merits of each case as it appears before them. They do not necessarily always follow legislative decisions or decisions of British courts.

Quiz 6: Law