Question
Procedural law refers to the case-based system of law that originated in England based on stare decisis . the law created by administrative agencies whose
- Procedural law refers to
- the case-based system of law that originated in England based on stare decisis.
- the law created by administrative agencies whose authority is granted by statute.
- the system of law involving a comprehensive legislated code derived from Roman law.
- the law that deals with the rights and duties that each person has in society.
- the law that deals with the protection and enforcement of substantive law rights and duties.
2 Drew has a problem with his condo board. He believes he can install a window air conditioner but the condo board says the bylaws do not allow it. Drew has read the Condominium Act and he believes that he must first seek a meeting of the condo board and then he may have remedies in court. This situation involves which categories of law?
- Only public law because the Condominium Act applies to every person in society
- Private law, substantive law, and procedural law because the Condominium Act has all three categories of law that apply to Drew.
- Private law and procedural law because this is a private matter between Drew and the condo board
- Procedural law because the law sets out a procedure for Drew to get the remedy he seeks
- Only private law because not every person in society owns a condo
3 of the following requirements of a judicial system was a driving force behind the evolution of the concept of stare decisis?
- Transparency and flexibility
- Transparency and ease of use
- Predictability
- Predictability and consistency
- Consistency
4 what of the following statements about stare decisis is true?
- It requires a judge to apply precedent even if the cases have significant differences.
- It allows a judge to distinguish between cases in order to apply the correct statute.
- It plays a similar role in the common law system as the Quebec Civil Code does in a civil law system.
- It allows a judge the flexibility to change with social attitudes.
- It plays a similar role in the civil law system as the Quebec Civil Code does in a common law system.
5 Identification of a factual difference that renders a prior precedent inapplicable to the case before the court is known as
- a liberal approach.
- distinguishing the facts.
- stare decisis.
- overruling.
- strict interpretation.
6 Administrative rules implemented by the executive branch of government are known as
- court decisions.
- regulations.
- constitutional law.
- case law.
- statutes.
7 what of the following legislative powers falls within provincial jurisdiction?
- Criminal law
- Trade and commerce
- Administration of justice
- Exclusive right to appoint Superior Court judges
- Banking
8 The Constitution Act, 1867 allocates powers between the federal and provincial governments to regulate activities. Which of the following powers is traditionally not one of the federal powers?
- Regulation of trade and commerce
- Intellectual property
- Taxation
- Property and civil rights
- Banking
9 The principle of residual powers means
- where there is a conflict between obeying federal legislation and obeying provincial legislation, federal legislation prevails.
- Parliament is supreme.
- all areas not expressly allocated to the provinces are within federal jurisdiction.
- the courts decide who wins a case.
- the elected House of Commons can always overrule the unelected Senate.
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