POLS 2350 Quizzes (Answers) 100% Correct
What is the correct legal term for the "name" of a case? - ANSWER Style of cause
Lon Fuller's "Morality of Law argues that, at a bare minimum, law must... - ANSWER
Be inteligible AND Not be secret AND be administered as it is written
A legal positivist would argue with which of the following statements: - ANSWER "Law
can be readily identified as the certain rules created by legitimate law-making
institutions and hacked by state force."
What best characterizes estate law in Canada? - ANSWER The state will only *rarely*
interfere with the intentions of the testator about who will inherit his/her wealth; only
when the testator's wishes are *contrary to "public policy" will they be altered/ignored*
In the 1985 Supreme Court case of "Singh v. Minister of Employment and Immigration,
the Supreme Court of Canada... - ANSWER Used the natural law principle of "audi
alteram partem" ("lsiten to the other side") to require Canada's refugee procedures to
have an oral hearing where the claimant could make his/her case
In the "Groupe Maison Candiac" case (about the Western Chorus Frog), the Federal
Court Judge decided to... - ANSWER Uphold the Emergency Order, stopping the
development, and protecting the Western Chorus Frog
True or False: The traditional distinction between public law and private law is whether
the state is considered one of the parties to the action - ANSWER True
Section 15 of the "Charter" is our "equality clause" that demands every Canadian to be
treated equal under the law. Can this section be used to attack "affirmative action"
programs that seek to remedy conditions for groups that have been historically
disadvantaged? - ANSWER No, the second part of s.15 specificially allows for laws
and programs that ameliorate such conditions
, Which of the following might be considered a "legal fiction" - ANSWER Financial
Markets *AND* Political Parties *AND* Municipal Governments
The result in "Caron v. Alberta" hinged on the alleged "source of law." That source
was... - ANSWER The "1867 Address" that was apprended to the "1870 Order"
According to Martin Loughlin, a "worl-view" or "world-making" can be judged on three
criteria. How does law shape up? - ANSWER The criteria are *credibility, coherence,
and utility*; law performs *well* on all three criteria
Martin Loughlin discusses E.P. Thompson's study of the English "Black Act of 1723."
According to Thompson... - ANSWER The "Black Act," which imposed capital
punishment for animal poaching, is an example of law masking political or economic
power, but also structuring and shaping that power
The rights in the Canadian Charter of Rights and Freedoms are NOT absolute. They are
limited by sections 1 (the reasonable limits clause) and section 33 (the notwithstanding
clause). In terms of their application... - ANSWER S.1 applies to all rights in the
Charter; s.33 only applies to *some rights* (namely *ss.2 and 7-15*)
If a justice agrees with the result a majority of her colleagues arrives at but disagrees
with the reasoning that brought them to that result, she... - ANSWER Will likely write a
separate *"concuring"* opinion
True or False: The traditional distinction between public law and private law is whether
the state pays for the litigation - ANSWER False
What best describes the form of the U.S. and CDN Constitution? - ANSWER It is
generally accepted that the *U.S. Constitution is entirely written down*; the CDN
Constitution contains written elements but is *supplemented by constitutional
conventions and unwritten principles*
What is the correct legal term for the "name" of a case? - ANSWER Style of cause
Lon Fuller's "Morality of Law argues that, at a bare minimum, law must... - ANSWER
Be inteligible AND Not be secret AND be administered as it is written
A legal positivist would argue with which of the following statements: - ANSWER "Law
can be readily identified as the certain rules created by legitimate law-making
institutions and hacked by state force."
What best characterizes estate law in Canada? - ANSWER The state will only *rarely*
interfere with the intentions of the testator about who will inherit his/her wealth; only
when the testator's wishes are *contrary to "public policy" will they be altered/ignored*
In the 1985 Supreme Court case of "Singh v. Minister of Employment and Immigration,
the Supreme Court of Canada... - ANSWER Used the natural law principle of "audi
alteram partem" ("lsiten to the other side") to require Canada's refugee procedures to
have an oral hearing where the claimant could make his/her case
In the "Groupe Maison Candiac" case (about the Western Chorus Frog), the Federal
Court Judge decided to... - ANSWER Uphold the Emergency Order, stopping the
development, and protecting the Western Chorus Frog
True or False: The traditional distinction between public law and private law is whether
the state is considered one of the parties to the action - ANSWER True
Section 15 of the "Charter" is our "equality clause" that demands every Canadian to be
treated equal under the law. Can this section be used to attack "affirmative action"
programs that seek to remedy conditions for groups that have been historically
disadvantaged? - ANSWER No, the second part of s.15 specificially allows for laws
and programs that ameliorate such conditions
, Which of the following might be considered a "legal fiction" - ANSWER Financial
Markets *AND* Political Parties *AND* Municipal Governments
The result in "Caron v. Alberta" hinged on the alleged "source of law." That source
was... - ANSWER The "1867 Address" that was apprended to the "1870 Order"
According to Martin Loughlin, a "worl-view" or "world-making" can be judged on three
criteria. How does law shape up? - ANSWER The criteria are *credibility, coherence,
and utility*; law performs *well* on all three criteria
Martin Loughlin discusses E.P. Thompson's study of the English "Black Act of 1723."
According to Thompson... - ANSWER The "Black Act," which imposed capital
punishment for animal poaching, is an example of law masking political or economic
power, but also structuring and shaping that power
The rights in the Canadian Charter of Rights and Freedoms are NOT absolute. They are
limited by sections 1 (the reasonable limits clause) and section 33 (the notwithstanding
clause). In terms of their application... - ANSWER S.1 applies to all rights in the
Charter; s.33 only applies to *some rights* (namely *ss.2 and 7-15*)
If a justice agrees with the result a majority of her colleagues arrives at but disagrees
with the reasoning that brought them to that result, she... - ANSWER Will likely write a
separate *"concuring"* opinion
True or False: The traditional distinction between public law and private law is whether
the state pays for the litigation - ANSWER False
What best describes the form of the U.S. and CDN Constitution? - ANSWER It is
generally accepted that the *U.S. Constitution is entirely written down*; the CDN
Constitution contains written elements but is *supplemented by constitutional
conventions and unwritten principles*
