Canadian and International Law - Multiple Choice

The early justice system prior to 1066 A.D.:

Was related to the development of individual justice but regulated by communal institutions

__________ believed that law was the mirror of the natural world order that was made known to humans by their own process of reasoning and divine revelation through the Christian prophets.

St. Thomas Aquinas

A reflective and systematic exploration of what law is, what it ought to be, and how it operates within societies is the definition of:

Jurisprudence

__________, the idea of retribution, was a primitive custom exercised prior to the reign of Anglo-Saxons.

Wergild

Cicero wrote:

“Law is the mind and reason of intelligent man, the standard by which justice and injustice are measured.”

Unlike Aristotle, Plato did not believe that humans can rationalize; and hence, can be virtuous.

True

__________ believed in the ideal of a perfect society and that human nature is good.

Plato and St. Thomas Aquinas

Plato

Believed that humans could never fully achieve eternal truths or virtues, but their laws should, as far as possible, attempt to do so

The Matrix of Jurisprudence includes all of the following except:

Legal theories as virtues

The Moot Setting:

All of the above

Socrates’s concept of Justice requires

The just state to correspond with the just soul

St. Augustine discussed the “moral veto” in

The City of God

Stare Decisis is an important mechanism of jurisprudence because

All of the above

According to Cicero, natural law existed in wise men so long as it was in common with the supreme god:

Jupiter

Plato’s Myth of the Metals, found in Book 3 of The Republic, used to justify the social hierarchy in his ideal state was also known as

The Noble Lie

Medieval thinkers believed in the unity of the spiritual and earthly world, this unity supported a theory of law in which church made, or _________ was to rule over all civil, or human-made laws.

Canon Law

________ believed that “…. because we are all equal and independent, no one ought to harm anyone else in his life, health, liberty comma or possessions.”

John Locke

Rules, while not legally enforced by courts, are nevertheless of such compelling political force that they are often followed by legislators are also known as:

Conventions

__________ might be identified as one of the first of the naturalists to propose the use of civil disobedience to compel lawmakers and statesmen to reform laws that failed to conform with the laws of nature.

Cicero

Plato portrayed an idealistic or utopian society that would be governed by ________. These rulers would be specifically tutored in the art of governance and possess the wisdom to understand the meaning of absolute justice.

Philosopher Kings

Rationalism

All of the above

Parliamentary Supremacy means:

All of the above

In Plato’s Utopian Society, why would people accept their assigned metal?

The people would be educated to appreciate and accept their class

The Primary Sources of Law include:

Religion, Customs, and Conventions

________ regulates private legal affairs: breach of contract, property and family disputes, and torts cases.

Civil Law

_______ is the principle upon which a nation or ruling body exercises supreme political authority, jurisdiction, or power over the affairs of state. Each state is legally equal to all others and there is no higher authority than the state.

Sovereignty

In order for written or unwritten constitutions to be effective they require:

The respect and support of the citizenry and government to be effective

Amending Canada’s Constitution Act of 1982 requires:

All of the above

“Old wine in new bottles…” is an expression to describe the Constitution Act of 1982 as a patriated, single constitutional document which includes:

All of the above

Restricting human rights is permissible when it’s done to protect public safety, health, or other legitimate societal interests, but these restrictions must be necessary, proportionate, and non-discriminatory.

True

Often considered “first-generation” rights and include entitlements such as freedom of speech, freedom of association, and the right to a fair trial:

Negative Rights

At times the courts will determine that a piece of legislation or law is _________ or outside the scope of the jurisdiction of the federal or provincial government.

Ultra vires

Canadian Internal Sovereignty is governed by:

The Constitution Act of 1982

Deals with our personal set of attitudes and values, unobstructed by the law:

Private Morality

The main actor in international law that has the ability to enact its own laws and policies unhampered by foreign control or domination is the

Nation State

The Wolfenden Report

Examine the issues surrounding the intersection of law and morality in England

The Rule of Law ensures

No individual regardless of position or status is above obedience to the law

The Phrase “Peace, Order, and Good Government…” in the BNA Act refers to

Residual powers

The legal scholar ________ proposed a categorization of three generations of human rights.

Karel Vasak

_______ theorized that within the “state of nature” individuals possess a natural right to self-preservation.

John Locke

Substantive justice

Two of the above (“Determines…” and “unjust…”)

An employer must reasonably accommodate a prospective or an existing employee who would otherwise be excluded; in order to avoid this duty, any employer must prove that it would

All of the above

The following are rights that are protected by the Charter of Rights and Freedoms except:

Economic Rights

Canada’s Constitution

All of the above

The Bhinder Case of 1985 established that Bhinder wearing a hard hat on the job site was a _________ occupational requirement.

Bona fide

The British North America Act of 1867 created a Federation Union which included

Quebec, Ontario, New Brunswick, and Nova Scotia

The “solidarity rights,” such as the right to a healthy environment and development represented the

Third generation

The _________ requires a rational connection between the limit and the objective, and that the limit impairs the right as little as reasonably necessary.

Oakes Test

This English charter is a critical precursor to modern human rights documents.

The Magna Carta

An essential ingredient of justice is

Equality