Question 1

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.

Question 2

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 Saskatchewan 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.

Accepted Answer

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Question 3

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.

Accepted Answer

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Question 4

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.

Accepted Answer

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Question 5

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.

Accepted Answer

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Question 6

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

Accepted Answer

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Question 7

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 developed in England to provide relief when strict application of common law principles would result in unfairness. The principles developed by equity emphasize fairness, morality, and justice, rather than strict legal rules.

Question 8

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

Accepted Answer

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Question 9

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

Accepted Answer

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Question 10

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 a proposed piece of legislation introduced in a legislative body by a member of that body or by the executive branch of government. Political parties can introduce bills and advocate for their passage.

Question 11

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

Accepted Answer

Municipal legislation, such as the requirement of a fee for dog ownership, must be enacted through a bylaw.

Question 12

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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Quiz 2: The Canadian Legal System