POLS 2350 EXAM WITH COMPLETE SOLUTIONS 100% VERIFIED
At what point will marijuana possession be legal in Canada ? - ANSWER When legislation
amending or repealing the controlled drug and substance act is granted royal Assent
and declared in effect
A legal positivist would agree that - ANSWER Law can be readily identified as the certain
rules created by legitimate law making institutions and backed by state force
Lon Fullers morality of law argues that, a bare minimum, law must - ANSWER be
administered as it is written
The secession reference opinion is a "per curium" decision. this means ? - ANSWER the
entire court (all nine judges) agreed with the decision and no single author was
identified as writing the decision
In essence, if a judicial opinion says " I agree with the majority on the outcome of the
case, but i think they were wrong with the reasoning that got them there" it is a ? -
ANSWER Concurring opinion
if a statue conflicts with a common law rule - ANSWER the statute trumps the common
law rule
A patent or copyright dispute in Quebec would be settled under ? - ANSWER Common
law rules and principles,
Book of Authority power is ? - ANSWER Books of authority have only a subsidiary (or
indirect) power as a source of law in Canada; they are increasingly cited in judicial
decisions
According to a majority of the supreme court of Canada in the case of caron v. Alberta,
, what is not a source of constitutional law in canada ? - ANSWER The Parliamentary
address appended to the royal order of 1870
According to Martin Loughlin, a "world view" or "world-making" can be judged by three
criteria. How does law shape us ? - ANSWER The criteria are credibility, coherence, and
utility; law preforms well on all three criteria.
In the book, Sword and Scales, Martin Loughlin argues that - ANSWER Politics and law
can productively co-exist, especially when it is acknowledged that law is an intrinsic
part of politics
Jerome Frank believed that - ANSWER the law "serves as a father substitute -it satisfies
the craving which people possess for authority and certainty in an intermediate world
· Hart's defeatism: - ANSWER "nothing concise enough to be recognized as a definition
could provide a satisfactory answer to what law is. Law is a complicated concept nested
in a socio-political reality and interacts with individual behaviour and collective
customs/traditions
Legal Positivism (Blackstone) - ANSWER law "is a rule; not a transient sudden order
from a superior to or concerning a particular person; but something permanent, uniform
and universal."
· Social Contract Theory (Locke, Two Treatise, 1689) - ANSWER · We as a collective
agree to law, If we didn't have law we would all be killing each other, Enacted by
sovereign, Moral considerations do not enter into it
Four things that are needed to recognize law - ANSWER 1. Body of rules 2. Enacted and
applied by public officials 3. formulated by legitimate means 4. backed by state forces
Natural Law - ANSWER insists on a clear link between law and morality /Universal law
that we can judge others by / God is Law
At what point will marijuana possession be legal in Canada ? - ANSWER When legislation
amending or repealing the controlled drug and substance act is granted royal Assent
and declared in effect
A legal positivist would agree that - ANSWER Law can be readily identified as the certain
rules created by legitimate law making institutions and backed by state force
Lon Fullers morality of law argues that, a bare minimum, law must - ANSWER be
administered as it is written
The secession reference opinion is a "per curium" decision. this means ? - ANSWER the
entire court (all nine judges) agreed with the decision and no single author was
identified as writing the decision
In essence, if a judicial opinion says " I agree with the majority on the outcome of the
case, but i think they were wrong with the reasoning that got them there" it is a ? -
ANSWER Concurring opinion
if a statue conflicts with a common law rule - ANSWER the statute trumps the common
law rule
A patent or copyright dispute in Quebec would be settled under ? - ANSWER Common
law rules and principles,
Book of Authority power is ? - ANSWER Books of authority have only a subsidiary (or
indirect) power as a source of law in Canada; they are increasingly cited in judicial
decisions
According to a majority of the supreme court of Canada in the case of caron v. Alberta,
, what is not a source of constitutional law in canada ? - ANSWER The Parliamentary
address appended to the royal order of 1870
According to Martin Loughlin, a "world view" or "world-making" can be judged by three
criteria. How does law shape us ? - ANSWER The criteria are credibility, coherence, and
utility; law preforms well on all three criteria.
In the book, Sword and Scales, Martin Loughlin argues that - ANSWER Politics and law
can productively co-exist, especially when it is acknowledged that law is an intrinsic
part of politics
Jerome Frank believed that - ANSWER the law "serves as a father substitute -it satisfies
the craving which people possess for authority and certainty in an intermediate world
· Hart's defeatism: - ANSWER "nothing concise enough to be recognized as a definition
could provide a satisfactory answer to what law is. Law is a complicated concept nested
in a socio-political reality and interacts with individual behaviour and collective
customs/traditions
Legal Positivism (Blackstone) - ANSWER law "is a rule; not a transient sudden order
from a superior to or concerning a particular person; but something permanent, uniform
and universal."
· Social Contract Theory (Locke, Two Treatise, 1689) - ANSWER · We as a collective
agree to law, If we didn't have law we would all be killing each other, Enacted by
sovereign, Moral considerations do not enter into it
Four things that are needed to recognize law - ANSWER 1. Body of rules 2. Enacted and
applied by public officials 3. formulated by legitimate means 4. backed by state forces
Natural Law - ANSWER insists on a clear link between law and morality /Universal law
that we can judge others by / God is Law
