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MIDTERM 1: SPMA 2p96 LAW questions with verified answers
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MIDTERM 1: SPMA 2p96 LAW questions with verified answers
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MIDTERM 1: SPMA 2p96 LAWLaw definition - correct answer ✔✔• Unwritten/written
• Guiding our behaviour and action
• Created by government
• Enforced by the court system
• Interpreted by the court system
Law definition - correct answer ✔✔• Unwritten/written rules
• Guiding our behaviour and action
• Created by government
• Interpreted/enforced by the court system
Charter of Rights and Freedoms (1982) - correct answer ✔✔• Provide more protection to Canadian
citizens
• Protection against the gov't and gov't agencies
Constitution (1867) - correct answer ✔✔beginning of formal laws
What is the rule of law? - correct answer ✔✔• We are all equal in the eyes of the law
• Applies to everyone equally
• Nobody is above the law
Common Law - correct answer ✔✔The legal notion of stare decisis, to stand by previous decisions, most
of our law is based on common law, decisions of judges, which affects the next decision and so on.
Law is constantly evolving as judges make new decisions all the time
Statutory Law - correct answer ✔✔The written laws established by the gov't
,Canada's Court Hierarchy - correct answer ✔✔• Precedent flow downwards not upwards
• Supreme coutr→federal
• Appeal Courts→Provincial
• Superior courts→Provincial
• Lower courts→Provincial
• If a decision is made in a higher court, every court below must follow that precedent
• Any case with similar circumstances is effected by the court above
• Precedents do not crossover provinces
• Decisions of lower courts can provide guidance to higher courts
• Guidance can come from different jurisdictions
• Supreme court = the highest court in Canada
• Cases that have the potential to change the law in Canada
Advantages of Precedents - correct answer ✔✔• Fairness—if a decision is made, in the future a similar
one should be made
• Evolving—staying up to date, changes as the world does eg. Society etc.
• Gives judges a degree of power, people we want to make decisions
• Saves on how much legal doctoring has to be written up
• So much complexity to legal cases and social life that there needs to be flexibility in the law and
depending on everything being written can be a really long legal documents
Disadvantages of Precedents - correct answer ✔✔• Judges are not people we have elected into this seat
and make these decisions
• Judges are appointed and not elected
• Learning legal precedents
• Having even more to read after looking into the precedents and why and how decisions are made
• Creates more work in some cases
Private Law - correct answer ✔✔• The individual is harmed and seeks remedy
, • Contract law is a form of private law
Public Law - correct answer ✔✔• Where the larger public has been harmed
• Victim is society
• Criminal law falls into this category
Do sports organizations fall under public or private law? - correct answer ✔✔• Eg. Todd Bertuzzi
• Criminally charged in the public realm, also sued by steve moore for the damages done
• Sports law is both public and private law
Federal vs. Provincial Laws - correct answer ✔✔• A lot of our laws are of the federal nature
• Eg. What is a crime in Ontario is the exact same in Alberta, a federal law, across the whole country
• Provincial laws are different across the provinces
• Eg. Human rights law, provincial law, slight differences in provinces
• They stay pretty much the same
• Very minor differences in provincial law
How are new laws established in Canada? - correct answer ✔✔• Judges create new decisions, common
law
• Government comes up with bills and suggestions of new laws, goes through the house of commons a
the federal level, read it look at it discuss it debate it and ultimately vote on it
• If they have a majority vote, they can pass that bill
• The queen ultimately has to approve it
How are laws changed in Canada? - correct answer ✔✔• More common to change the law than come up
with new laws
• Judges make different decisions
• Look at a law and say its not consititutional
• If it conflicts with a previous decision, they can make a definitive ruling that changes that law
• Eg. Prostitution, the current laws endangered woman disproportionately
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