CML2117 Introduction To Law 2008 Lecture 11 Review Session

Today:

Review and Exam Prep

The body in the government responsible for

proposing laws, controlling legislation, and

appointing judges is the

a) Executive branch

b) Legislative branch

c) Judicial branch

d) Supreme Court of Canada

e) Head of State

By definition, the legal system

a. is the means employed by the legislative branch to select the relevant law and apply it.

b. is the means employed by the sovereign power to select the relevant law and apply it.

c. is the body of rules that prescribe certain behaviour.

d. is concerned with the way in which law is made by the recognized sovereign of a jurisdiction.

e. Is a body of requirements or prescriptions of rules or norms that apply to society.

According to Locke, the essential component of legitimate government was that even the most powerful governing body was to be constrained by rules. This is the basic premise for the term

a. Magna Cartab. Stare decisisc. Pluralismd. Rule of Lawe. Sovereignty

The principle that the elected legislative branch is the most powerful branch, and it can make any laws, subject only to the Constitution is

a. Responsible governmentb. Rule of lawc. Federalismd. Parliamentary supremacye. Democracy

The principle of _________________ provides that cabinet must answer to the members of the legislature for the actions of their department and is able to stay in charge only as long as they continue to “have the confidence” of the legislative branch.

a. Responsible governmentb. Rule of lawc. Federalismd. Parliamentary supremacye. Democracy

Explain how Canada is defined as a

“Constitutional Monarchy”

What is the difference between the terms

Parliamentary Supremacy and

Responsible Government?

The Royal Proclamation following the signing of the Treaty of Paris in 1763 decreed

a. English criminal law and civil law would henceforth prevail in Quebec.

b. English criminal law and French civil law would prevail in Quebec.

c. French criminal law and civil law would prevail in Quebec.

d. French criminal law and English civil law would prevail in Quebec.

What was the significance of the Quebec Act, 1774 ?

_____________________ concerns itself with actions or omissions said to be so serious that they threaten the society itself.

a. Substantive lawb. Domestic lawc. Procedural lawd. Criminal law

_______________determines who can be a party with the power to take a problem to court and who can be called upon to answer an allegation in court.

a. Substantive lawb. Domestic lawc. Procedural lawd. Criminal law

Each province in Canada has a hierarchy in its court system similar to that in England. At the bottom of the hierarchy in each province are the

a. higher or superior courts, often called Provincial Courts.

b. lower or inferior courts often called Federal Courts.c. lower of inferior court often called Provincial Courts.d. lower or inferior courts often called Superior Courts.

Constitution Act, 1867 provides the basic parts of the federal government. These are the:

a. Monarchy, Governor General, and Prime Ministerb. Monarchy, Prime Minister, and House of Commonsc. Prime Minister, Cabinet, and House of Commonsd. Monarchy, House of Commons, and Senate

What is subordinate legislation, andwhat are some problems with it?

Briefly outline the steps to the process by which a federal statute is made.

What is the mischief rule?

What do appeals generally focus on?

a. Debates about the meaning and application of the law.

b. The Crown prosecutors oppose the release of the accused or agree to their release but only on certain conditions.

c. The Crown hears and decides criminal cases.d. The Crown prosecutor must bring forth enough

evidence to show that a reasonably instructed jury could convict the accused.

Give an example of a federal administrative tribunal.

Give an example of a provincial administrative tribunal.

What types of cases does the Supreme Court of Canada hear?

What is an appeal?

Next class…

• Um… it’ s the midterm exam.

• Then we’ ll start Constitutional Law:read pp. 82−84 and 197−213