Chapter 4 The Canadian Legal System

Chapter 4  The Canadian Legal System

Complete Chapter Questions And Answers
 

Sample Questions

MULTIPLE CHOICE

1. When a legal decision is being made, which of the following sources of common law has the highest degree of authority?
a.
Doctrine
b.
Case law
c.
Statute law and regulations
d.
Custom

ANS: C
Correct C: Statute law and regulations are the most authoritative source of common law.

Incorrect A: Doctrine, the opinion of a legal expert, does not have the highest degree of authority.
Incorrect B: Case law is dependent on the level of the court that renders the decision and does not have the highest degree of authority.
Incorrect D: Custom has the lowest level of authority and is used only when there is a complete absence of guidance from other sources.

DIF: Cognitive level: Synthesis REF: p. 90

2. Which of the following is being done by a judge who is attempting to determine negligence by applying principles from previous precedents and elaborating on them before making a decision?
a.
Naming a litigant
b.
Developing common law
c.
Developing civil law
d.
Preparing the case for the superior court

ANS: B
Correct B: Centuries of judgements, precedents, and previous cases all build on each other to form common law. The judge in this example is developing common law.

Incorrect A: This does not describe what this judge is doing. A litigant is a party to a lawsuit.
Incorrect C: This does not describe what this judge is doing. Civil law uses a civil code to guide all decisions.
Incorrect D: This is not applicable.

DIF: Cognitive level: Analysis REF: p. 91

3. Which of the following statements accurately describes statute law?
a.
A set of reasons for a decision in a particular case based on decisions made in previous cases
b.
A formal written set of rules passed by a legislative body
c.
The absence of specific and applicable legal principles
d.
A system of rules and doctrines developed over time

ANS: B
Correct B: Statute law is a formal written set of rules passed by a parliament or other legislative body to regulate a particular area, such as Ontario’s Regulated Health Professions Act (1991), which regulates all of the health professions in Ontario.

Incorrect A: This statement describes case law, not statute law. Case law is a body of precedent that contains rules, definitions of legal concepts, and legal principles fashioned by judges over time.
Incorrect C: This statement describes custom, not statute law. Custom means that in the absence of specific and applicable legal principles in case law, statutes, or doctrine, the courts will be guided by the long-standing practices of a particular industry, trade, or other endeavour.
Incorrect D: This statement describes common law, not statute law.

DIF: Cognitive level: Knowledge REF: p. 89

4. Which of the following statements regarding the priority of a regulation is accurate?
a.
An act is inferior to the regulation from which it flows.
b.
The regulation is considered a guideline.
c.
A regulation is known as subordinate legislation.
d.
A regulation is known as inordinate legislation.

ANS: C
Correct C: A regulation is additional legislative detail written to assist in explaining a statute or act and its application. Thus, regulations are known as subordinate legislation, and the regulation is inferior to the act from which the regulation flows; the statute takes priority.

Incorrect A: This is not an accurate statement.
Incorrect B: This is not an accurate statement. Regulations are more than a guideline, and they have the same force of law as statutes or acts.
Incorrect D: “Inordinate” means excessive, or disorderly, and is irrelevant with regard to regulations and legislation.

DIF: Cognitive level: Application REF: p. 97