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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

  1. 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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