23.GRADE 12 LAW REVISION QUESTIONS AND ANSWERS
Law – correct answer principles and regulations established in a community by some authority
and applicable to its people, whether in the form of legislation or custom, and policies
recognized and enforced by judicial decision.
Or
Any written or positive rule or collection of rules presecribed under the authority of state or
nation.
Positive law (legal positivism) - correct answer right and wrong are what we as a group, culture,
natian, or civilization decide they are. The only way to define what is right or wrong is to look at
what the law says.
Or
The theory that law is a body of rules formulated by the state, and that citizens are obliged to
obey the law for the good of the state as a whole.
Natural law - correct answer right and wrong are concepts that are independant of human
experience. Therefore the laws proclaimed by humans who happen to be in control may not
command obedience. The explanations of how humans percieve these never changing concepts
change according to which philosopher is studied.
Or
The theory that human laws are derived from eternal and unchangeable principles that
regulate the natural world, and that people can become aware of these laws through the use of
reason.
Custom - correct answer a long established way of doing things that, over time, has acquired
the force of law.
Convention - correct answer a way of doing something that has been accepted fo so long that it
amounts to an unwritten rule. (politically based)
Constitution - correct answer this is the supreme law of the land and sets out how the country
will be governed, and who has special powers.
, Judicial independence - correct answer means that judges function independently from the
state and their opinions reflect legal interpretation, not government policy.
Parliamentary supremacy - correct answer parliament, as representative of people, has
supreme power of making canadian laws.
Statute law - correct answer a statute is any law passed by the federal or provincial
government. (legislatures)
Ultra - vires - correct answer (latin) outiside the power of authority.
Intra - vires - correct answer (latin) within the power of authority.
Case law (common law) - correct answer judges base rulings on past decisions which are
written down.
Or
A type of law developed in england that is based on following orevious judicial decisions and is
common to all people of a country.
Stare decisis - correct answer (latin) to standby previous decisions. This means judges must
consider similar cases in their decision and follow the precedence of a higher court.
Judges and lawyers must look through past relevant cases to prepare.
Substantive law - correct answer a law that identifies the rights and duties of a person or level
of government.
Or
The legislation which defines the principles, objectives, circumstances, limitations etc governing
the society and the rights of the individual. For example an individual has a right to express but
Law – correct answer principles and regulations established in a community by some authority
and applicable to its people, whether in the form of legislation or custom, and policies
recognized and enforced by judicial decision.
Or
Any written or positive rule or collection of rules presecribed under the authority of state or
nation.
Positive law (legal positivism) - correct answer right and wrong are what we as a group, culture,
natian, or civilization decide they are. The only way to define what is right or wrong is to look at
what the law says.
Or
The theory that law is a body of rules formulated by the state, and that citizens are obliged to
obey the law for the good of the state as a whole.
Natural law - correct answer right and wrong are concepts that are independant of human
experience. Therefore the laws proclaimed by humans who happen to be in control may not
command obedience. The explanations of how humans percieve these never changing concepts
change according to which philosopher is studied.
Or
The theory that human laws are derived from eternal and unchangeable principles that
regulate the natural world, and that people can become aware of these laws through the use of
reason.
Custom - correct answer a long established way of doing things that, over time, has acquired
the force of law.
Convention - correct answer a way of doing something that has been accepted fo so long that it
amounts to an unwritten rule. (politically based)
Constitution - correct answer this is the supreme law of the land and sets out how the country
will be governed, and who has special powers.
, Judicial independence - correct answer means that judges function independently from the
state and their opinions reflect legal interpretation, not government policy.
Parliamentary supremacy - correct answer parliament, as representative of people, has
supreme power of making canadian laws.
Statute law - correct answer a statute is any law passed by the federal or provincial
government. (legislatures)
Ultra - vires - correct answer (latin) outiside the power of authority.
Intra - vires - correct answer (latin) within the power of authority.
Case law (common law) - correct answer judges base rulings on past decisions which are
written down.
Or
A type of law developed in england that is based on following orevious judicial decisions and is
common to all people of a country.
Stare decisis - correct answer (latin) to standby previous decisions. This means judges must
consider similar cases in their decision and follow the precedence of a higher court.
Judges and lawyers must look through past relevant cases to prepare.
Substantive law - correct answer a law that identifies the rights and duties of a person or level
of government.
Or
The legislation which defines the principles, objectives, circumstances, limitations etc governing
the society and the rights of the individual. For example an individual has a right to express but
