ENCS 352 Midterm 1 UPDATED ACTUAL
Exam Questions and CORRECT Answers
What is a law? - CORRECT ANSWER - A body of rules:
- reflects student norms
- provides security & order
provides ways to solve disputes
- carries out social policies
- ensures fairness
What rules affect environmental law? - CORRECT ANSWER - - international agreements
- laws (statues and regulations)
- Court decisions
-Administrative decisions
What does environmental law entail? - CORRECT ANSWER - Protects, manage,
improve, exploit...
What is the precautionary principle - CORRECT ANSWER - If an activity has the
potential to harm the environment, but not enough info is yet available to be sure, then it is better
to control/regulate/or take preventative action now then wait for evidence
---> basically saying you got to get ahead of things
Polluter pays - CORRECT ANSWER - If you make the mess, you are responsible for
cleaning it up
Public participation - CORRECT ANSWER - the environment is a shared commons
, MGRADES
What are the two basic principles of Canada's legal system? - CORRECT ANSWER -
Parliamentary sovereignty and Rule of law
Parliamentary sovereignty? - CORRECT ANSWER - a legislative body has unlimited
power subject only to the constitution (leg body being the parliament or legislature ex.).
- one of two basic principals
Rule of Law? * - CORRECT ANSWER - (checks and balances on restricted governmental
power)
- all are equal under the law, no one is above it
- laws must be enacted openly and transparently (also got to be fair and objective/accessible)
- laws must be enforced by an independent judiciary
- public power must be authorized by the law
Three branches of government? - CORRECT ANSWER - - Legislative: MPs(fed) and
MLAs(prov) they pass acts/statues
- Judicial: all courts they interpret and apply the law
- Executive: PM and cabinet (fed), Premier and cabinet (prov), civil services/public servants (fed
and prov), they pass regulations, propose laws, make policies, ect
Sources of law? - CORRECT ANSWER - - constitution (all laws must conform to the
constitution)
- Legislations (acts and regulations)
- Case law (common law, court decisions based on precedent)
Public law - CORRECT ANSWER - Rules for society; comes from statues, regulations,
and administrative decisions.
- ex criminal law, constitutional law, administrative law.