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Rules of equity focus on what would be fair, given the specific circumstances of the case, as opposed to which of the following? Which legislative body in Canada is composed of the House of Commons and the Senate? Canadian business English textbook 7th edition. Which of the following statements is most accurate regarding the common law system of private law? Both systems are designed to deliver constant, consistent justice. A Canada regulates privacy with laws restricting government access to persons and property.
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With an increased emphasis on editing, proofreading D In a civil law system, tort and contract laws are established by precedent. What is a distinguishing characteristic of the principle of precedent law? What are the basic levels of courts that make up the Canadian court system? A trial, informal appeal, and final appeal courts B trial, intermediate appeal, and final court of appeal C informal trial, formal trial, and final appeal courts D pretrial, trial, and appeal courts Answer: Which of the following functions is most likely to be carried out by an administrative body?
A hearing licensing and zoning applications B collection of revenue for government operation C enforcement of traffic laws D reviewing applications for leave to appeal Answer: Which of the following is NOT a source of law in Canada?
Which of the following actions does royal prerogative give the Crown an exclusive right to perform in Canada? A give politicians immunity B overrule laws enacted by Parliament C overturn decisions of the Supreme Court D declare war on enemies of the state Answer: D A treaty can exist between nations governed by international law.
A It is based on a Civil Code. B It applies only in Quebec courts.
C Individual freedoms are valued. D Like cases should be treated alike. A recent decision of the Supreme Court of Canada established that the equality provision contained in section 15 1 of the Charter of Rights and Freedoms applies to unequal treatment on the basis of sexual orientation. Which of the following describes the effect the decision will have on provincial governments?
A Provincial governments will not be bound because the Charter of Rights and Freedoms is only binding on the federal government. B The decision applies only to cases outside of the province of Quebec.
C Provincial governments will be bound because the Charter of Rights and Freedoms is binding on all levels of government. D The decision will be binding on provincial governments because they are required to follow decisions of the Supreme Court of Canada under the division of powers.
Rules of equity focus on what would be fair, given the specific circumstances of the case, as opposed to which of the following? A what the strict rules of common law might dictate B law that governs relations between states C the internal set of laws of a given country D law governing agreements between states Answer: What is a distinguishing characteristic of a treaty?
A A treaty is the sole law governing relations between nations. B A treaty is a set of coded laws to regulate relations. C A treaty governs relationships between Canada's provinces. What attribute distinguishes substantive law from other forms of law?
A It defines rights, duties, and liabilities. B It defines international legal status. C It defines the relationship between governments. D It defines procedures under the Charter. What is the defining characteristic of procedural law?
A It is a set of laws defining individual rights, duties, and liabilities.
B It regulates the relationship between persons and governments. C It governs procedure for the enforcement of rights, duties, and liabilities. D It governs procedure for the enforcement of the Civil Code. Which of the following best describes the defining characteristics of public law? A It regulates relationships between governments and individuals. B It provides rules concerning rights and obligations of business.
C It focuses on fairness according to strict rules of common law. D It contains the rules of law in the Civil Code of Quebec. Quest Electrical Engineers Inc. Quest has to meet deadlines or face penalties. What type of law governs the relationship and conduct of the parties to this contract?
A common law B corporate law C public law D private law Answer: Who determines whether legislation is permissible? Which of the following are examples of the law of equity?
A the "clean hands" principle B the "decidendi" principle C the "stare decisis" doctrine D the "judicialdiscretion" principle Answer: 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? A criminal law B constitutional law C administrative law D equity law Answer: Which of the following is an example of a federal administrative body that plays a role in regulating activity?
Which of the following is an example of a federally appointed administrative body? Which of the following best reflects the high value Canadians place on the political philosophy of liberalism? A Canada regulates privacy with laws restricting government access to persons and property.
C Public outcry forced the Green Party leader's acceptance in federal election debates. D Governments willingly and promptly comply with access to information requests.
Which level of government should Nantucket Sleigh Rides, Inc. A provincial government B federal government C municipal government D federal and provincial governments Answer: 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? A leave to appeal; significant or national concern B consent to appeal; provincial challenges C consent to appeal; jurisdiction D permission to appeal; national public concern The judiciary is to be independent from the legislative and executive branches of government.
A True Answer: What are the rules of equity? A rules that set out the correct procedures to follow in court B rules that require wrongdoers to compensate their victims for losses C rules that focus on what would be fair given the specific circumstances of the case D strict rules that dictate the outcome of particular disputes Answer: What are the three branches of government provided for by the Canadian Constitution?
A legislative, executive, judicial B federal, provincial, municipal C legislative, executive, representative D legislative, representative, judicial Answer: The rights and authority of municipal governments are protected by the Constitution Act.
A True B False Answer: The Constitution Act makes the provincial governments subordinate to the federal government in cases of overlapping jurisdiction. Public law deals with the regulation of relationships between individuals and government.
Canada's federal Parliament is composed of the House of Commons and the Senate. Inferior courts are presided over by judges appointed by the provincial government.
The judicial branch of government includes the courts and the legislatures. The judges in Canada's higher courts are appointed, and those in the lower courts are elected. There are no limits on the guarantees of rights and freedoms established by the Charter of Rights and Freedoms.
B False Answer: Federal and provincial legislatures are constitutionally provided with the authority to appoint judges within specified judicial jurisdictions. The Charter is a powerful constitutional document because it provides protection from improper or oppressive government conduct. The new Criminal Code of Newfoundland would be enforced by the courts because it would not be contrary to the Canadian Constitution to do so.
A provincial government cannot enact environmental legislation that would conflict with federal environmental legislation because it is an area of exclusive federal jurisdiction. Public health and the environment are constitutionally undefined as areas of concurrent jurisdiction shared between the federal and provincial governments. Section 1 of the Charter requires the government to justify why it is infringing a right, as well as to demonstrate that, in doing so, it is restricting the right in question in a reasonably measured, controlled, and appropriate way.
Section 33 the "notwithstanding clause" is used frequently by provincial governments to opt out of particular Charter rights. A bill put before a legislative body represents a proposed piece of legislation that a political party wants to make into law. 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.
According to the doctrine of precedent, the Supreme Court of Canada-the highest court in Canada-is entitled to decide a case in any way it sees fit. One of the defining features of the law of equity is that "anything goes, as long as it's fair.
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.
Graders Info: Limitation of the guarantee of Canada's Charter rights and freedoms is allowed when the limitation is demonstrated to be justified under section 1 and by the use of the notwithstanding clause contained in section 33 of the Charter.
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.
Businesses need to actively monitor government policy and regulations that affect how businesses are permitted to operate because either may be changed periodically. Awareness allows business to comply with laws and to attempt to influence development of policies and regulations to favourand further business interests.
Being unaware of changes would result in noncompliance with regulations, levy of fines, or even closure of a business. Lack of awareness of government policy may also result in a missed opportunity to lobby government to change law or to take advantage of favourable change in law.
Briefly describe what is meant by the statement "the distinction between public and private law is not absolute" and provide an example that illustrates this statement. The statement is referring to the fact that a single set of circumstances can have two sets of consequences, one involving private law and the other involving public law. For example, where a personal injury arises from an assault, the Crown may decide to prosecute the perpetrator of the assault under the Criminal Code.
This is the domain of public law. The victim, however, also has civil rights that can be enforced through tort law, which is the area of private law.
Specifically, the victim of the assault can initiate an action in the courts to seek financial compensation for damages from the perpetrator. Also, while most of the law of property is private, even if the government is buying, Briefly describe the role of administrative bodies in the Canadian legal system and provide examples of particular bodies that impact businesses and their functions.
It is often difficult to summarize how businesses are subject to administrative regulation because the nature and function of these bodies often vary. In some instances, the body or individual carries out purely administrative functions, as when the Canada Employment Insurance Commission processes a claim for benefits; sometimes the body also has judicial functions, such as when the Labour Relations Board settles a dispute between an employer and employee; sometimes the body exercises legislative functions, as when the Canadian Radio-television and Telecommunications Commission CRTC passes regulations concerning the amount of Canadian content on radio and TV; and sometimes the body has some combination of these functions.
Examples of particular bodies that might impact businesses include municipal licensing tribunals, which issue business permits; development zoning boards, which grant development permits; and labour relations boards, which regulate relationships between unionized workers and their employers. 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.
The Quebec civil law system originated from the French legal system and was brought to Quebec by the French when they colonized the region. The Canadian common law system is rooted in England's legal system, which was established in all provinces excluding Quebec by the British when they conquered and colonized the Canadian regions of North America. The key principle of common law is that laws are interpreted and applied in decisions of the court known as judgments.
Judgments become precedents, which form the body of case law that must be referred to and applied by every judge hearing a similar matter when making a legal determination in a similar dispute involving the same laws. The key principle of the civil law system is that the Quebec legislature makes civil law, and those laws are codified or compiled in one source known as the Civil Code. The judges' task in the civil code system is to find the specific provision in the code that applies to the case at hand, and to apply it to resolve the dispute.
Civil code judges do not refer to past decisions at all. Both systems are designed to deliver constant, consistent justice. 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