Question 1

Name the branches that make up the Canadian government,describe their function,and specifically identify the body that represents each branch and carries out its function.

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Question 2

A bill put before a legislative body represents a proposed piece of legislation that a political party wants to make into law.

Accepted Answer

A bill is indeed a proposed piece of legislation that a political party or individual member of the legislative body wants to turn into law.

Question 3

Municipal legislation compelling the annual payment of a fee pertaining to the licensing of dog ownership requires the enactment of a by-law.

Accepted Answer

Municipal by-laws are the local laws or regulations passed by a municipal corporation (such as a city or town) to govern its subjects. Therefore, to enact a law to regulate dog ownership and require a fee for licensing, a by-law must be passed.

Question 4

The early English court of equity established rules that focus on what would be fair given the specific circumstances of a case,as opposed to what the a strict application of the common law might dictate.

Accepted Answer

This statement is true. The court of equity in England developed rules that emphasized fairness and justice in individual cases, rather than relying solely on the rigid application of common law principles.

Question 5

Identify the nature of the question that Rothmans would use to challenge Saskatchewan's power wall ban under its Tobacco Control Act.Briefly explain how the government of Sasktachewan would be required to respond to such a challenge.Identify and briefly explain what actions the Supreme Court of Canada would take and the source of its authority to do so in the event that a Rothmans challenge was able to demonstrate that Saskatchewan's Tobacco Control Act violated a Charter provision and the provincial government failed to prove its legislation met the standard set by s.1 of the Charter.

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Question 6

Briefly describe the circumstances under which the guarantee of Canadian's rights and freedoms provided under the Canadian Charter of Rights and Freedoms is permitted to be limited.

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Question 7

Briefly describe the origins of the common law system and the civil law system as they exist in Canada and the comparable and contrasting characteristics of each system of law.

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Question 8

Identify and briefly describe the statement made by Madam Justice Wilson with respect to the Supreme Court of Canada's view that in Canadian society,a liberal and democratic system of government is not just about majority rule

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Question 9

Briefly describe what is meant by the statement "Canada has a federal form of government."

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Question 10

Substantive law is the internal law of a given country,which includes both statute and case law.

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Question 11

Briefly describe the benefits to be derived by businesses being aware of government policy and the status of regulations affecting their operations,as well as the consequences of being unaware of the same.

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Question 12

In circumstances of alleged conflict between federal and provincial legislation,the doctrine of paramountcy generally would not be applicable where an individual or business is able to simply obey the stricter law and thereby comply with both pieces of legislation.

Accepted Answer

The doctrine of paramountcy is only applicable when there is an actual conflict between federal and provincial legislation that cannot be resolved by simply obeying the stricter law. If there is no conflict, then both pieces of legislation can be complied with without invoking the doctrine of paramountcy.

Question 13

The principle of precedent holds that all precedents are not of equal value,meaning the higher the level of court that created the precedent,the less weight it brings to bear on the common law system.

Accepted Answer

The principle of precedent, or stare decisis, actually means that the higher the level of court that created the precedent, the more weight it brings to bear on the common law system. Higher courts set binding precedents for lower courts to follow.

Quiz 2: The Canadian Legal System