The Courts
A: In Canadian Parliament who represents the queen?
B: Is the judicial branch independent of the Executive and Legislative branches?
A: The Governor General
B: Yes.
A: What are the 2 main classifications of law.
B: The three types of public law are criminal, administrative, and what?
A: Domestic and International
B: Constitutional
A: True or False? Generally, A court should apply the rulings of equiavlent or higher courts in situations where the facts are the same.
B: What two systems of law make up Canada’s Bijural System?
A: True
B: Common Law System, and Civil Law System
A: state 2 of the 3 secondary sources.
B: At its most basic level, the existence of law is based off of what?
A: Constitution, Statues, Court Decisions
B: Beliefs & Principles pertaining to how a just civil society should function, Beliefs about Right and Wrong.
A: What is the term for the theory or philosophy of law?
B: Critical legal theory is directly derived from which legal philosophy?
A: Jurisprudence
B: legal realism
BOTH: The principle of judicial independence is composed of what three parts?
Security of tenure, financial security and administrative independence.
A: This classification of law refers to agreements between sovereign states. Extradition acts and laws dealing with free trade may fall into this category.
B: _____ is known as a “balance of probability,”
A: International law.
B: level of proof
A: Define Persuasive Precedent.
B: What is a doctrine used in court cases that refers to judges standing by a legal decision created by judges in similar cases at the same or higher court level?
A: Legal decisions in lower courts and from foreign countries that can be persuasive might inform a decision but are not binding.
B: Stare Decisis
A: Which of the following is NOT a primary source of law? Religion, philosophy, or judicial decisions?
B: What role does religion generally play in Law?
A: judicial decisions
B: Being a Primary Source of principles of Right and Wrong.
Teacher Question (Bet Points)
This British philosopher, much like his contemporaries, believed that human nature should be the focus of law. However, he believed that human nature was rational and positive; a much less bleak perspective than his fellow philosophers.
John Locke
A: What are the branches of government and their responsibilities to the law?
B: Rank the following courts in order of the legal weight of their decisions (lowest to highest) : Supreme Court of Canada, Court of Appeals of Alberta, Toronto Courthouse, Supreme Court of BC.
A: Legislative - makes the law, Executive - implements laws, Judicial - Interprets laws.
B: Toronto Courthouse, Supreme Court of BC, Court of Appeals of Alberta, Supreme Court of Canada.
A: This classification of law refers to agreements between sovereign states. Extradition acts and laws dealing with free trade may fall into this category.
B: _____ Laws define rights and obligations.
A: International law.
B: Substantive laws
Teacher Question: Bet Points
A judge ignores precedent from a previous case, and decides that the previous decision made in that case should be altered. What method of bypassing precedent did this judge use?
Reversing
A: Between "Squatter's Rights" and the Kyoto Accords which is a custom and which is a convention?
B: True or False: Customs and Conventions can be either legally binding or not.
A: Squatter's Rights = Custom, Kyoto Accords = Convention.
B: True
A: Which legal philosophy does this philosopher follow "The law is reason free from passion." - Aristotle
B: Who said “the law is reason free from passion”
A: Natural Law
B: Aristotle
Teacher Question (Bet Points)
Name all the sections of the Legislative Branch, and who appoints/elects them.
House of Commons (The voters)
The Senate (the prime minister)
The Governor General (The Queen/PM)
A: Which public law is defined as the operation of a variety of agencies that regulate many aspects of everyday life. The Workplace Safety and Insurance Board (WSIB) is an example.
B: Public laws govern the relationship between the _____ and its _____?
A: administrative law.
B: State and Citizens
A: Give two common justifications for the doctrine of precedent.
B:Through what 3 ways can problematic precedents be avoided in court?
A: need for certainty in law, need for predictability, and people need to know the law to obey it
B: distinguishing, overruling, reversing
A: State all levels of the legal pyramid, from most powerful to least.
B: What is the difference between legislation and judicial decisions?
A: constitution, statutes or acts, regulations and orders-in- council, common law
B: Legislation creates legally binding statutes (written codified law), judicial decisions set legally binding precedent & are under the discretion of the judge based off of specific factors pertaining to a respective case and place etc.
A: When analyzing through this lens one would ask "Who does this law marginalize (or how does it it perpetuate social inequality)?" Which theoretical lens are we using?
B: When analyzing through this lens one would ask are there universal rights at stake in this case?
A: Critical Legal theory
B: Natural Law
A: What three main courts are under the supreme court of Canada?
B: The Ethical Principles for Judges has 5 main parts to provide ethical guidance for federally appointed judges, what are they?
A: Answer: martial appeal court, courts of appeal, federal court of appeal
B: Judicial Independence, Integrity, Diligence, Equality, and Impartiality
Teacher Question (Bet points)
What types (plural) of law apply to the following situation:
You are hit by a drunk driver and break both your legs. As a result you can no longer run your landscaping business.
Tort, criminal.
A:What is a word to describe a part of a judgment that becomes the precedent binding on lower courts?
B: Which province does not follow the common law? What legal system to they use instead?
A: Ratio Decidendi
B: Quebec, Civil Law
Teacher Question: Bet Points
Describe the origin of the Magna Carta, and explain its most important contribution to our Law system.
The Magna Carta was instituted when the English Lords rebelled against the absolute power of the King. It gave all free individuals equal responsibility and protection under the law, and prevented arbitrary arrest or punishment of such individuals.
A: When analyzing through this lens one would ask "What evidence do you see of the flexibility or variability of the law?"
B: Philosophers of this school believe the power of government is the source of legal authority.
A: Legal Realism
B: Legal Positivism
Each team will bet whatever dollar value they want, receiving or losing that amount based on their response.
Question: Describe two unique aspects of Civil law and 2 unique aspects of Common law, and then 1 similarity between them.
Civil: Legal system based on statutes, only in quebec
Common: legal system based on court decisions, rest of canada
both: The existence of persuasive precedent, adherence to the constitution, etc.