Deck 29: The Judiciary

Question 1

In Canada,what is the highest court of appeal?

A) Provincial Superior Courts, Appellate Division
B) Governor General's office
C) Judicial Committee of the Privy Council
D) Supreme Court of Canada

Answer 1

D

Question 2

Which phrase best describes the notwithstanding clause of the Canadian Charter of Rights and Freedoms?

A) legislative review of judicial review
B) judicial review of legislative review
C) judicial activism
D) constitutional interpretation

Answer 2

A

Question 3

Why might the politicized nature of judicial activism be as controversial in the United States as it is in Canada?

A) The United States has always had a politicized judiciary.
B) The selection of judges is more democratic in the United States than it is in Canada.
C) Canadians do not have the same respect for the courts as Americans do.
D) Judicial power is less centralized in the United States so the consequences of judicial activism are less severe.

Answer 3

B

Question 4

What underlying assumption leads to the policy that judicial salaries are set by an independent commission?

A) that politicians do not specialize in salaries
B) that legislators will limit the salaries of the people who complicate their job
C) that judges may act out of self-interest and make decisions that are favourable to the people writing their paychecks
D) that judges will use political leverage to get higher salaries

Question 5

Which of the following features would be found in a system that truly valued "equality before the law"?

A) affordable or subsidized legal counsel
B) elected judges
C) lengthy, but effective judicial process
D) discretionary sentencing

Question 6

Which of the following groups would be most likely to use strategic litigation?

A) A small interest group with limited resources.
B) A large interest group with many allies in government
C) A large interest group with wealthy members
D) A small interest group that was invited to advise cabinet committees

Question 7

What is one of the effects that the 1982 Canadian Charter of Rights and Freedoms has had?

A) It enhanced the power of the federal Cabinet.
B) It detracted from the power previously held by the judiciary.
C) It accelerated the growth of judicial activism.
D) It took power from the federal government and gave it to the provinces.

Question 8

Which phrase best defines the concept of judicial review?

A) strategic litigation
B) a consciousness-raising instrument
C) a court ruling on the constitutionality of legislation or executive action
D) the willingness of judges to overturn legislation of executive action

Question 9

Which of the following powers is NOT effectively checked by the power of the judiciary?

A) The will of the majority.
B) The government's power to create legislation and policies
C) The enforcement of the law
D) The Prime Minister's power of appointment

Question 10

What is the Persons case of 1929 an example of?

A) judicial review of ordinary legislation
B) judicial activism
C) constitutional interpretation
D) the use of interveners

Question 11

What did the Delgamuukw decision (1997)establish?

A) Segregated schools were unconstitutional.
B) Aboriginal rights and title had never been extinguished.
C) Manitoba must publish all its statutes in both English and French.
D) Aboriginal people have a treaty right to fish commercially.

Question 12

Which principles does the Canadian judicial system reflect?

A) It reflects the principles of the British unitary system.
B) It reflects the principles of the American federal system.
C) It reflects the principles of devolution.
D) It falls between the British and American systems.

Question 13

In its celebrated Persons case of 1929,what decision did the Judicial Committee of the Privy Council make?

A) All persons had the right to a fair trial.
B) All persons had the right to a lawyer.
C) Women were "qualified persons" to be appointed to the Senate.
D) Native Canadians were "persons" within the meaning of the Constitution Act, 1867.

Question 14

Quebec has three Justices on the Supreme Court.What is the reason for this?

A) Canada's bilingualism programs
B) a desire to appease Quebec in light of the secessionist movement
C) Quebec's distinct private law tradition, as reflected in its code civil
D) Quebec's distinct system of criminal law

Question 15

What effect does the notwithstanding clause of the Canadian Charter of Rights and Freedoms have?

A) It allows the judiciary to rule on any case it chooses.
B) It allows the federal government to override provincial legislation.
C) It allows Parliament or provincial legislatures to enact legislation even if the courts hold it to be in conflict with certain sections of the Charter.
D) It forbids Parliament or provincial legislatures to legislate contrary to the Charter.

Question 16

Which of the following would NOT be considered a normal role of the courts in the political process?

A) legislation
B) statutory construction
C) constitutional interpretation
D) ultra vires

Question 17

Which of the following scenarios would the principle of "equality before the law" be compromised the most?

A) The legislature has the option, under specific circumstances, to ignore the courts.
B) Judicial discretion is tolerated to a certain extent, allowing judges to give different punishments for the same crime.
C) A backlog of cases slows down the judicial process significantly.
D) Supreme Court judges are appointed by each new president, much like members of the executive.

Question 18

What is the difference between a system of courts in a unitary state and a system of courts in a federal state?

A) The court system in a unitary state is much more efficient than that in a federal state.
B) Unitary states have a single set of laws and a single system of courts administering justice, while federal states do not.
C) Unitary states have two tiers of courts, while federal states do not.
D) Unitary states have deviated from the British Parliamentary tradition since the Reform Act of 1883, while federal states have remained constant.

Question 19

What does judicial review mean?

A) The performance of judges is regularly monitored to ensure their competence.
B) Courts have the power to rule on the constitutionality of legislation or executive action.
C) Upper courts regularly review the decisions of lower courts.
D) The Supreme Court of Canada is superior to the courts of any province.

Question 20

Which statement about decisions made by the International Court of Justice is true?

A) They are binding.
B) They are not binding.
C) The International Court of Justice does not make decisions; it merely hears disputes.
D) They are made regularly and followed consistently by all parties.

Question 21

Under section 33 of the Canadian Charter of Rights and Freedoms-the so-called equality rights section-every individual is equal before and under the law and has equal protection and equal benefit of the law without discrimination.

Question 22

Which statement best reflects the view of Alan Cairns on the Canadian Charter of Rights and Freedoms?

A) It is mired in political struggles and judicial activism.
B) It is fixated on the rights of special interest groups.
C) It is a consciousness-raising instrument.
D) It is less political than it was before.

Question 23

In Canada,the prime minister personally selects the chief justices of the superior courts.

Question 24

The notwithstanding clause of the Canadian constitution allows for judges to make decisions notwithstanding their impartiality.

Question 25

Which phrase best describes Section 33 of the Canadian Charter of Rights and Freedoms?

A) equalization payments section
B) notwithstanding clause
C) equality rights section
D) section dealing with aboriginal rights

Question 26

Following the logic of Morton and Knopff's argument,which situation would they be MOST critical of?

A) the expanded use of the notwithstanding clause
B) strategic litigation as way for interest groups to get around unsympathetic policy-makers
C) more transparent appointment process for Supreme Court judges
D) amendments that scale back constitutional rights

Question 27

The Supreme Court of Canada is made up of nine justices,of whom three must be from Quebec and two must be from Ontario.

Question 28

The notwithstanding clause of the Canadian constitution is a kind of legislative review of judicial review.

Question 29

In Canada,the prime minister personally selects the members of the Supreme Court of Canada.

Question 30

In its celebrated Persons case of 1929,the Judicial Committee of the Privy Council held that women were "qualified persons" to be appointed to the Senate.

Question 31

The Canadian Charter of Rights and Freedoms was enacted in 1867 with the passage of the British North America Act.

Question 32

Which term most accurately captures the relationship between judges and the law?

A) creation
B) interpretation
C) invalidation
D) enforcement

Question 33

In Canada,the minister of justice selects federally appointed judges but not the members of the Supreme Court of Canada or the chief justices of the superior courts.

Question 34

In the United States,there is a single unified system of court organization.

Question 35

The British courts are an example of court organization in a unitary state.

Question 36

A unique way of elevating democratic government over the decisions of unelected judges is offered by Section 33 of the Canadian Charter of Rights and Freedoms,the so-called notwithstanding clause.

Question 37

What does Section 15(1)of the Canadian Charter of Rights and Freedoms state?

A) Every Canadian is equal before and under the law.
B) Parliament or provincial legislatures may enact legislation even if the courts hold it to be in conflict with certain sections of the Charter.
C) Courts have the power to rule on the constitutionality of legislation or executive action.
D) Canada is officially bilingual and multicultural.

Question 38

According to Hogg and Thornton,what is the most important factor in creating dialogue?

A) legislatures that are willing to defer to the courts
B) judges that are willing to cut legislators some slack
C) political will on the part of the legislators
D) courts that are willing to defer to Parliament

Question 39

Which statement best reflects the views of Hogg and Thornton on judicial activism?

A) Judicial review is "a veto over the politics of the nation."
B) Decisions of the Supreme Court almost always leave room for legislative response.
C) Judicial review privileges the individualistic values of the Charter.
D) Court decisions are usually final in a practical sense.

Question 40

What section of the Canadian Charter of Rights and Freedoms entrenches equality rights?

A) 2
B) 10
C) 15
D) 27

Question 41

The apex of the Canadian court system is the ________ of Canada,which is the highest court of appeal.It is made up of ________ justices,of whom ________ must be from Quebec.

Question 42

Under section 15(1)of the Canadian Charter of Rights and Freedoms-the so-called equality rights section-every individual is equal before and under the law and is protected from discrimination.

Question 43

Explain the process of judicial selection in Canada and the United states.What are the pros and cons of each process?

Question 44

Define and explain the importance of statutory construction,constitutional interpretation,and judicial review in both Canada and the United States.

Question 45

Explain with specific examples the following statement: "Canadian courts are strictly neutral in partisan politics,but they still play an important role in the political process.Their decisions about cases sometimes have the same effect as legislative outputs from Parliament,or policy outputs from the executive or bureaucracy,or even amendments to the Constitution."

Question 46

A unique way of elevating democratic government over the decisions of unelected judges is offered by Section 33 of the Canadian Charter of Rights and Freedoms,the so-called ___________.

Question 47

In its celebrated ____________ case of 1929,the ____________ held that women were qualified to be appointed to the Senate.

Question 48

Under section____________ of the Canadian Charter of Rights and Freedoms-the so-called ____________ section-every individual is equal before and under the law and has equal protection and equal benefit of the law without discrimination.

Question 49

The Canadian Charter of Rights and Freedoms was proclaimed on __________ 17,__________.

Question 50

What are the main differences between the Canadian,British,and American court systems?

Question 51

Statutory construction,constitutional interpretation,and judicial review are all examples of the roles that Canadian courts play in the political process.

Question 52

Judicial____________ is defined as the willingness of judges to overturn legislation or executive action.On the other hand,judicial ___________ is a court ruling on the constitutionality of legislation or executive action.Laws declared unconstitutional are described by the Latin phrase ___________.

Question 53

Ultra vires is a type of pathology susceptible only to lawyers and judges.

Question 54

Describe what impact the Canadian Charter of Rights and Freedoms has had on both the judicial system and the political process.In your answer,discuss the views of Alan Cairns,Michael Ignatieff,Ted Morton,Peter Hogg,and Allison Thornton.

Question 55

Discuss possible checks on judicial power in the Canadian system.In your opinion,are these checks enough,or is judicial power anti-democratic? Why?

Question 56

Compare and contrast the British and U.S.systems of court organization.

Question 57

In Canada,the ___________ personally selects the members of the Supreme Court of Canada and the chief justices of the other superior courts,while the _____________ selects all other federally appointed judges.

Question 58

How can we determine whether equality before the law is realized in practice in a liberal democracy?

Question 59

Define and explain the significance of strategic litigation and judicial activism in both Canada and the United States.