POLS 2350 FINAL EXAM WITH CORRECT ANSWERS 100% VERIFIED
Poonian v. British Columbia (securities commission) - ANSWER S. 178 (1)(a) of the
bankruptcy and insolvency Act, R.S.C 1985, c.B-#
Bankruptcy does not discharge "any fine, penalty, restitution order or other order
similar in nature to a fine, penalty or restitution order, imposed by a court in respect of
an offense, or any debt arising out of a recognize or bail
Constitutional supremacy - ANSWER legal rules can be inhibiting argument- stoppers. (
eg. even if the PM uses the statutory process to change the law, it will be struck down if
it is found unconstitutional)
Statutory law - ANSWER political representatives take control of law.
statutes always trump common law!!
Politics of judicial appointments - ANSWER becoming a judge requires you to go through
a process, makes them political actors, thus judicial decision making can be political
Judicial decision- making can be political
how does Boyd define law? - ANSWER "....a set of rules which are generally obeyed and
enforced...
Legal Positivism 4 elements - ANSWER Body of rules
Enacted and applied by public officials
Formulated by legitimate means
And backed by state force
2 procedural projections - ANSWER 1. Nemo iudex in causa sua = no one should be the
judge in his own case
, 2. Audi alteram partem= listen to other side
The Morality of Law - ANSWER (1) failure to achieve rules at all, so that every issue must
be decided ad hoc;(2) failure to publicize, or at least to make available to the affected
party, the rules he is expected to observe;(3) the abuse of retroactive legislation;(4)
failure to make the rules understandable;(5) enactment of contradictory rules;(6)
enactment of rules that require conduct beyond the powers of the affected party;(7)
introducing such frequent changes in the rules that the subject cannot orient his action
by them;(8) failure of congruence between the rules as announced and their actual
administration.
public law - ANSWER constitutional law, criminal law, administrative law, taxation law
- the state is party to the action
private law - ANSWER contract law, tort law , property law, family law, estate law,
corporate law
- actions are between private citizens
the primary legal instrument - ANSWER
The BC will Variation Act - ANSWER The BC wills variation act allows judges to change a
will to make sure it is "adequate, just and equitable" to the testitors spouse and children
what is legal positivism? - ANSWER the theory that laws are to be understood as social
rules, valid because they are enacted by " the sovereign" or derive logically from
existing decisions, and that ideal or moral considerations should not limit the scope or
operation of law"
Legal Realists - ANSWER argue that, in order to understand the legal process, one must
be aware of the political, economic, and social contexts in which law arises , changes
and persists
Poonian v. British Columbia (securities commission) - ANSWER S. 178 (1)(a) of the
bankruptcy and insolvency Act, R.S.C 1985, c.B-#
Bankruptcy does not discharge "any fine, penalty, restitution order or other order
similar in nature to a fine, penalty or restitution order, imposed by a court in respect of
an offense, or any debt arising out of a recognize or bail
Constitutional supremacy - ANSWER legal rules can be inhibiting argument- stoppers. (
eg. even if the PM uses the statutory process to change the law, it will be struck down if
it is found unconstitutional)
Statutory law - ANSWER political representatives take control of law.
statutes always trump common law!!
Politics of judicial appointments - ANSWER becoming a judge requires you to go through
a process, makes them political actors, thus judicial decision making can be political
Judicial decision- making can be political
how does Boyd define law? - ANSWER "....a set of rules which are generally obeyed and
enforced...
Legal Positivism 4 elements - ANSWER Body of rules
Enacted and applied by public officials
Formulated by legitimate means
And backed by state force
2 procedural projections - ANSWER 1. Nemo iudex in causa sua = no one should be the
judge in his own case
, 2. Audi alteram partem= listen to other side
The Morality of Law - ANSWER (1) failure to achieve rules at all, so that every issue must
be decided ad hoc;(2) failure to publicize, or at least to make available to the affected
party, the rules he is expected to observe;(3) the abuse of retroactive legislation;(4)
failure to make the rules understandable;(5) enactment of contradictory rules;(6)
enactment of rules that require conduct beyond the powers of the affected party;(7)
introducing such frequent changes in the rules that the subject cannot orient his action
by them;(8) failure of congruence between the rules as announced and their actual
administration.
public law - ANSWER constitutional law, criminal law, administrative law, taxation law
- the state is party to the action
private law - ANSWER contract law, tort law , property law, family law, estate law,
corporate law
- actions are between private citizens
the primary legal instrument - ANSWER
The BC will Variation Act - ANSWER The BC wills variation act allows judges to change a
will to make sure it is "adequate, just and equitable" to the testitors spouse and children
what is legal positivism? - ANSWER the theory that laws are to be understood as social
rules, valid because they are enacted by " the sovereign" or derive logically from
existing decisions, and that ideal or moral considerations should not limit the scope or
operation of law"
Legal Realists - ANSWER argue that, in order to understand the legal process, one must
be aware of the political, economic, and social contexts in which law arises , changes
and persists
