Law Ch 2

Front 1

What is the paramount function of Canadian constitutional law?

Back 1

It establishes Canada’s structure of legal authority

Front 2

Why is it important for businesses to monitor government policy?

Back 2

Rules and regulations are periodically revised.

Front 3

The government enacted new legislation prohibiting retailers from displaying tobacco products except at the moment of sale at the till. Which of the following best describes the legal basis for a business to challenge the new law?

Back 3

The new law interferes with freedom of expression, which is protected under section 2 (b) of the Canadian Charter of Rights and Freedoms.

Front 4

Which of the following is a possible legal justification for upholding a provincial law that prohibits the display of tobacco products in retail outlets?

Back 4

If the government can show that the law reduces the incidence of smoking, the law may constitute a reasonable limit on freedom of expression.

Front 5

The Province of Newfoundland and Labrador enacted new regulations to better control hazardous waste disposal throughout the province. What type of law should specialized waste control businesses operating in Newfoundland and Labrador refer to in order to ensure their commercial activities are legally compliant?

Back 5

statute law

Front 6

Which legislative body in Canada is composed of the House of Commons and the Senate?

Back 6

the Parliament of Canada

Front 7

Which legislature is the lower chamber to the Senate?

Back 7

the House of Commons

Front 8

Which of the following outcomes is dictated by the doctrine of paramountcy in circumstances where conflicting federal and provincial laws cannot be reconciled?

Back 8

The superior law prevails.

Front 9

In determining a constitutional challenge, the Supreme Court of Canada upheld the federal government’s bilingual language rights legislation. Which of the following exemplifies the reason for the Court’s decision?

Back 9

The Supreme Court’s decision follows the doctrine of paramountcy.

Front 10

Which of the following is a required element in the procedure for passing federal legislation through Parliament?

Back 10

a majority vote of the members in the House of Commons and in the Senate

Front 11

Which governing bodies are the primary regulators of business activities in Canada?

Back 11

the provincial and municipal governments

Front 12

In which areas is the federal government given exclusive jurisdiction to make law by the Canadian Constitution?

Back 12

currency, trade, national defence

Front 13

What level of government possesses the required constitutional jurisdiction to change laws that affect property?

Back 13

provincial; exclusive jurisdiction

Front 14

Which of the following exemplifies the powers granted to a government with jurisdictional authority to regulate crime?

Back 14

define crimes, establish laws, and set penalties

Front 15

What classification of law would a provincial statute restricting the display of tobacco products in retail outlets fall under?

Back 15

public and domestic law

Front 16

What is the source of the law that governs lawmaking authority within the Canadian legal system?

Back 16

constitutional law

Front 17

To which level of government would a business make an application for a property zoning variance, and why?

Back 17

municipal government; provincial constitutional delegation of authority

Front 18

What is the legal status of the office of prime minister in Canada?

Back 18

The office of prime minister is an example of a constitutional convention.

Front 19

Of the following statements, which is most accurate regarding the executive branch of government?

Back 19

The executive branch of government includes the formal executive and the political executive.

Front 20

Who holds the office of chief executive of the federal government?

Back 20

the duly elected prime minister of Canada

Front 21

What is the judicial branch of government in Canada composed of?

Back 21

the judiciary and the system of various levels of courts

Front 22

The decisions of the Supreme Court of Canada are best described as:

Back 22

binding on all other courts in all Canadian jurisdictions

Front 23

An accomplished lawyer accepts an appointment by the justice minister to the position of judge in the Provincial Court of Manitoba. What gives the minister authority to appoint this court’s judges?

Back 23

Provinces have jurisdiction to appoint judges to inferior courts.

Front 24

What are the basic levels of courts that make up the Canadian court system?

Back 24

trial, intermediate appeal, and final court of appeal

Front 25

Canadian environmental activists are sometimes charged with offences for actions taken during their protests. Which of the following might constitute a basis for activists to challenge convictions arising out of their protest activities?

Back 25

the Charter rights of freedom of peaceful assembly and freedom of association

Front 26

What is the least likely source of law in Canada?

Back 26

public opinion

Front 27

Which of the following actions does royal prerogative give the Crown an exclusive right to perform in Canada?

Back 27

declare war on enemies of the state

Front 28

What is a distinguishing characteristic of the principle of precedent law?

Back 28

Like cases should be treated alike.

Front 29

A recent decision of the Supreme Court of Canada established a new ground of entitlement to spousal support under the federal Divorce Act. Which of the following describes the effect the decision will have on provincial family law courts determining spousal support cases?

Back 29

Superior court decisions must be followed and applied by all inferior courts.

Front 30

Rules of equity focus on what would be fair given the specific circumstances of the case, as opposed to which of the following?

Back 30

what the strict rules of common law might dictate

Front 31

What is a distinguishing characteristic of a treaty?

Back 31

A treaty can exist between nations governed by international law.

Front 32

What attribute distinguishes substantive law from other forms of law?

Back 32

It defines rights, duties, and liabilities.

Front 33

What is the defining characteristic of procedural law?

Back 33

It governs procedure for the enforcement of rights, duties, and liabilities.

Front 34

Which of the following best describes the defining characteristics of public law?

Back 34

It regulates relationships between governments and individuals.

Front 35

Quest Electrical Engineers Inc. contractually committed to provide specialized services to a construction project with specified deadlines for completion. Quest has to meet deadlines or face penalties. What type of law governs the relationship and conduct of the parties to this contract?

Back 35

private law

Front 36

What form of private law is applied in Quebec courts?

Back 36

the Civil Code of Quebec

Front 37

What characteristic distinguishes Quebec’s civil law from Canada’s common law?

Back 37

Civil law courts are not bound by earlier interpretations of the Code.

Front 38

A hospital board of directors granted absolute authority to physicians to arbitrarily withdraw life support from patients. The board’s authority to grant such power was quickly challenged and overturned in the courts. What type of law had to be applied to constrain the hospital board’s authority?

Back 38

administrative law

Front 39

Which of the following is an example of a federal administrative body that plays a role in regulating activity?

Back 39

the Canadian Radio-television and Telecommunications Commission (CRTC)

Front 40

Which of the following is an example of a provincially appointed administrative body?

Back 40

the Securities Commission

Front 41

Which of the following best reflects the high value Canadians place on the political philosophy of liberalism?

Back 41

Canada regulates privacy with laws restricting government access to persons and property.

Front 42

Which level of government should Nantucket Sleigh Rides, Inc., lobby for regulated roadway access to sell horse-drawn sleigh rides to patrons of downtown business establishments from December through February?

Back 42

municipal government

Front 43

A province wants to challenge an appeal court’s decision regarding the prevention of continued ground water contamination now posing a significant health risk to people, wildlife, and plants living in the ecosystem to the Supreme Court. Which of the following would immediately signify the Supreme Court’s agreement to hear the challenge, and why it would consider this appeal?

Back 43

leave to appeal; significant or national concern

Front 44

What are the rules of equity?

Back 44

rules that focus on what would be fair given the specific circumstances of the case

Front 45

What are the three branches of government provided for by the Canadian Constitution?

Back 45

legislative, executive, judicial