Which of the following is correct with respect to the role of statutes in our legal system?
A) Where a properly passed provincial statute is in conflict with a well-established common-law principle, the statute will be void.
B) Only the federal parliament may enact statutes.
C) A statute, if it is clear and concise and properly passed, will always override common law and equity.
D) In Canada, most new law follow the Civil Code legal system.
E) Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he disagrees with it.

Question

Quizplus · Accepted Answer

A properly passed statute, if clear and concise, will override common law and equity. However, if the statute is ambiguous or conflicts with constitutional principles, it may be subject to interpretation and challenge. Choice A is incorrect because in cases of conflict, statutes generally prevail over common law principles. Choice B is incorrect because both federal and provincial governments have the power to pass statutes. Choice D is incorrect because in Canada, the common law legal system predominates over the Civil Code. Choice E is incorrect because lower courts are generally bound to follow decisions made by higher courts.

Which of the Following Is Correct with Respect to the Role