Question 1

Substantive law deals with rules that establish a structure for enforcing rights and obligations.

Accepted Answer

Substantive law deals with the rights and duties of individuals and collective bodies, defining what acts are considered legal or illegal, rather than establishing the structure for enforcing those rights and obligations, which is the role of procedural law.

Question 2

"Canon law" refers to the law created by the Church.

Accepted Answer

Canon law refers to the law created by the Church, specifically the laws and regulations governing the organization and activities of the Roman Catholic Church.

Question 3

In our system,if a judge feels that the decision made by a judge in a higher court is wrong,he or she is free to disregard it.

Accepted Answer

This statement is false. Judges are required to follow the decisions made by judges in higher courts, unless there is a valid legal reason for them to deviate from it. The principle of stare decisis, which means "to stand by things decided," is an important part of the legal system and helps to ensure consistency and predictability in the law.

Question 4

Where protection against discrimination on the basis of ________ has been left out of human rights legislation,the courts have shown a willingness to imply the existence of this protection.
A) sexual orientation
B) marriage
C) gender
D) publications
E) freedom of speech

Accepted Answer

The protection against discrimination on the basis of sexual orientation has been implied by the courts in cases where it was not explicitly stated in human rights legislation. This is because discrimination on the basis of sexual orientation is considered a form of discrimination and is protected under the Canadian Charter of Rights and Freedoms.

Question 5

Judges in a common law system base their decisions on other judges' decisions.

Accepted Answer

Judges in a common law system often rely on precedents set by previous court decisions, also known as case law. This allows for consistency in the interpretation and application of the law.

Question 6

Common law is also known as judge-made law.

Accepted Answer

Common law refers to laws that have been developed over time through court decisions, as opposed to laws passed by a legislature or government. Therefore, it is often called judge-made law.

Question 7

A British Columbia judge is required to follow the decisions of a higher court in Alberta.

Accepted Answer

Each province in Canada has its own court system and judges are required to follow the decisions of higher courts within their own province. A judge in British Columbia would not be required to follow decisions of a higher court in Alberta.

Question 8

Protection against sexual harassment exists because sexual harassment is regarded as a form of ___________ on the basis of gender.
A) prohibition
B) abuses
C) discrimination
D) human rights
E) fundamental freedom

Accepted Answer

Sexual harassment is a form of discrimination because it involves unwanted behavior or advances that are based on a person's gender or sex. This violates the principle of equal treatment and equal opportunity for all individuals, regardless of their gender. As such, protection against sexual harassment is necessary to uphold the human right to be free from discrimination and to ensure that everyone can participate fully in society without fear of harassment or abuse.

Question 9

The ___________ applies to abuses in sectors regulated by federal legislation,such as the broadcast and telecommunication industries; similar provincial statutes apply only in areas controlled by provincial legislation.
A) Canadian Human Rights Act
B) Constitution Act, 1867
C) Charter of Rights and Freedoms
D) Meech Lake Accord
E) Constitution Act, 1982

Accepted Answer

The Canadian Human Rights Act applies to federal sectors such as the broadcast and telecommunication industries. Provincial statutes apply only in areas controlled by provincial legislation. The Constitution Act, 1867 and Constitution Act, 1982 are both constitutional documents but do not specifically address abuses in regulated industries. The Charter of Rights and Freedoms protects individual rights and freedoms, but does not address abuses in specific industries. The Meech Lake Accord was a failed constitutional amendment from 1987.

Question 10

Stare decisis can contribute to stagnation.

Accepted Answer

Stare decisis is the legal principle of following precedent, which means that courts are bound by decisions made in previous cases. While this can provide stability and consistency in the law, it can also lead to stagnation as outdated or unjust precedents are continued to be followed. In some situations, it may be necessary for the law to evolve and change, but stare decisis can prevent this if courts are unwilling to depart from established precedents.

Question 11

The legal philosophy that defines law in terms of the authority of the person who passed it is called legal realism.

Accepted Answer

The legal philosophy that defines law in terms of the authority of the person who passed it is called legal positivism, not legal realism. Legal realism is a theory that the application of the law depends on the context of the case and the discretion of judges.

Question 12

In Ontario Human Rights Commission et al.v.Simpsons-Sears Ltd.,the Supreme Court of Canada
A) held that religious discrimination is acceptable in the workplace.
B) found that the employer was required to take reasonable steps to accommodate the religious practices of an employee.
C) concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer.
D) decided that only certain religions are worthy of protection under human rights legislation.
E) determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred.

Accepted Answer

The Supreme Court of Canada found that the employer was required to take reasonable steps to accommodate the religious practices of an employee in the case of Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd. This decision established the duty to accommodate in Canadian human rights law.

Question 13

Stare decisis in the common law system plays the same role as the code in the French system,lending predictability to the law.

Accepted Answer

Stare decisis is an important principle in the common law system, which means that decisions made by higher courts must be followed by lower courts in similar cases. This creates a sense of predictability and consistency in the law, similar to how a code of laws would operate in the French civil law system. Therefore, the statement is true.

Question 14

Which of the following is true regarding human rights legislation?
A) The mandate of human rights commissions is to encourage the government to follow principles of equality.
B) Material on the internet is exempt from the application of human rights legislation.
C) Human rights commissions cannot deal with complaints arising from business interactions.
D) Canada's first-ever human rights complaint concerning an internet hate site involved Ernst Zundel.
E) Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.

Accepted Answer

Canada's first-ever human rights complaint concerning an internet hate site did involve Ernst Zundel.

Question 15

Both the federal and the provincial governments have set up special ___________ authorized to hear complaints of human rights violations,to investigate,and,where appropriate,to impose significant sanctions and remedies.
A) statutes
B) human rights tribunals
C) constitutional tribunals
D) legislation
E) language rights tribunals

Accepted Answer

Human rights tribunals are specifically established to handle complaints and investigations of human rights violations, and have the authority to impose sanctions and remedies. Statutes and legislation refer to laws and regulations, while constitutional tribunals deal with issues related to constitutional law. Language rights tribunals are specific to language rights violations, which may not encompass all types of human rights violations.

Question 16

The law of equity was developed in the Court of Chancery.

Accepted Answer

The law of equity was indeed developed in the early centuries by the English Court of Chancery, which was a court of equity that operated in parallel with the common law courts. The Court of Chancery was designed to provide legal remedies that were not available through the common law courts, which had strict and rigid rules that sometimes prevented justice from being served. The equity courts were able to provide more flexible and discretionary remedies, which allowed judges to do justice according to conscience and fairness. Over time, the principles of equity were integrated into the common law system, creating a more holistic approach to the administration of justice.

Question 17

Law and morality are the same thing.

Accepted Answer

Law and morality are different concepts. Law refers to a set of rules established and enforced by a governing authority, while morality refers to principles of right and wrong behavior and conduct that are personal and subjective. While there may be overlap between the two, they are not synonymous.

Question 18

The common law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.

Accepted Answer

While common law courts were used to enforce the law, they were not solely used to impose the will of the sovereign. The common law system allowed for judges to interpret the law and make decisions based on precedent, rather than just enforcing the will of the king.

Question 19

Civil law is based on a codified system.

Accepted Answer

Civil law is based on codified statutes or laws, which are written down and organized into a system of legal codes.

Question 20

Stare decisis is the Latin term for following the Code.

Accepted Answer

Stare decisis is the Latin term for the principle of following previous judicial decisions, also known as precedent, rather than the Code.

Quiz 2: Introduction to the Legal System