GMGT 3300 Lecture Exam Questions and Answers All Correct
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Module
GMGT 3300 Lecture
Institution
GMGT 3300 Lecture
GMGT 3300 Lecture Exam Questions and Answers All Correct
What is a Pre-trial Conference? - Answer-The litigant and the lawyers meet in front of a judge before the trial (not the same judge that hears the case). The lawyers present a brief on law to the judge in advance. The judge will tell th...
GMGT 3300 Lecture Exam Questions
and Answers All Correct
What is a Pre-trial Conference? - Answer-The litigant and the lawyers meet in front of a
judge before the trial (not the same judge that hears the case). The lawyers present a
brief on law to the judge in advance. The judge will tell the parties what their view of the
outcome. It is done to promote settlements and free-up courts.
What is "Legal Realism?" - Answer-It looks at why judges make legal decisions in the
legal system. It's a perspective of explanation not a perspective of evaluation. Legal
realists look at cases in more depth.
What is a court of "first instance" and give 3 examples. - Answer-It is the courts where
action must first originate, for example, small claims court, family court, juvenile court,
police court, traffic court.
What was the holding in Hodge v. The Queen and why is it significant? - Answer-
Provinces are not delegates of the federal parliament, but in their own spheres they are
supreme. It was significant because it allowed provincial legislation to be supreme
within the province.
What is a legal liability and give an example. - Answer-Liability - a right recognized by
law which can be enforced against a legal person by court process. An example could
be a contract liability, where each party owes the other the contents outlined in a
contract.
What is the difference between Hume's Physical and Normative laws? - Answer-
Physical laws are laws of nature which we learn in studying the natural sciences like
physics and chemistry. Normative law rules governing human conduct created and/or
enforced by human beings. A person may break normative laws and face the
consequences but we cannot break physical laws.
What is the Law of Equity? - Answer-The law of equity is a set of rules which can be
invoked to supplement the deficiencies of common law or to ease the working of
common law actions and remedies. Equity is much more discretionary. It was used in
the Court of Equity.
What are the 3 authoritative sources of constitution? - Answer--Legislative sources:
a) the UK parliament,
b) the Canadian parliament
,c) the provincial legislature which provinces can create their own constitution.
-Judicial decision: are sources of constitution that involve key sections of constitutional
legislation as interpreted by the court.
-Royal prerogative power: is the king or queen's ability to make law. This is a residual of
power.
What are two corollaries or consequences of federalism? - Answer-- A final arbitrator of
the constitution which neither level of government alone can control or appoint.
- There is a method of constitutional amendment in areas related to the distribution of
powers is required, which neither level can control.
Points for Canada being a federal country: - Answer-- Subject to laws of 2 authorities
and jurisdictions assigned to both
- Statutes that created the provinces are entrenched
- The existence of the amending formulae: requires provincial and federal participation
- Colonies are federally united
- Hodge vs. the queen: provinces are in their own spheres supreme over federal law
Points against Canada being a federal country: - Answer-- Wheare says Canada is not
federal on paper, but just simply acts like one.
- Power of disallowance: feds can disallow an act passed by provincial legislature
- Federal government can appoint lieutenant governor of any province, Provinces
cannot alter this decision
- Power of reservation: lieutenant governors can send provincial bills straight to
parliament
- Declatory power: federal parliament can bring local works within exclusive federal
jurisdiction, "for the general advantage of Canada"
- Supreme court judges are appointed by the federal government (arbitrators controlled
by one level of government)
- Charter of rights: judiciary is empowered to trespass on provincial jurisdiction if it
doesn't meet the charter (federally appointed judges)
What is the 7/50 rule? - Answer-There must be at least seven provinces that approve
the change, representing at least 50% of Canada's population.
- This means that provinces with large populations will typically need to approve a
change in order for the amendment to succeed.
What is the unanimity provision? - Answer-Certain matters are sufficiently important that
it requires approval of all provincial legislatures.
- monarch & their representatives
- Use of french and english
- Composition of supreme court
- Amending formulae cannot be changed
- Assurance that no province will have less members in HOC than it has senators.
, What were the two attempts to change the constitution? - Answer-Meech Lake Accord &
Charlottetown Accord
What was the Meech Lake Accord? - Answer-A meeting to try and get Quebec to sign in
on the constitution with all the other provinces. Elijah Harper, an MLA in Manitoba,
voted "no" and killed the whole deal, because it had not included any attempt to discuss
constitution changes with indigenous peoples. (1990).
What was the Charlottetown Accord? - Answer-Another attempt by Mulroney to include
Quebec, giving them veto power and their own special distinct society clause.
What is Wheare's definition of federalism, which he calls the federal principle? - Answer-
The federal principle is the methods of dividing powers so that the general and regional
governments are each, within a sphere, co-ordinate and independent.
What is the "cabinet" in Canadian constitutional law? - Answer-Cabinet is made up of
members of House of Common and Senate. It is an active part of the Executive. The
PM is the head of the cabinet. The monarch control legally executive power while the
Queen vested the formal executive power. The
cabinet is not a democracy because it is a one person show, chosen solely by the PM,
the Monarch only gets advice form the PM.
What are the 2 component parts of the legislature in MB that must approve legislation? -
Answer-Legislative Assembly and the Lieutenant Governor
What is the ratio in the Maritime Bank case? - Answer-The lieutenant governor is not
merely a federal official; rather the Lieutenant Governor passed all the prerogative
power of the Crown. This is the indication of an equal and co-ordinate status between
both levels of government.
What is ratio decidendi? - Answer-Ratio decidendi is the narrowest legal principle that
the outcome of a court case was decided upon.
What are the three schools of juris prudence? - Answer-1. Natural law
a. Old School - the law should be based on fundamental truths as told by God
b. Deistic - based on the assumption that rational people will arrive at the conclusion of
basic principles of justice
2. Legal Positivism - asks, "What is the law?" like a social science, seeks to find what
the law is. Wants to be value neutral.
3. Legal Realists - Concerned with judges and the decisions they make, and why they
make them.
Are laws value neutral? - Answer-No. They are a crystallized product of the political
process, and therefore reflect the social and political values of lawmakers.
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