How Much Do You Really Know About Foundations Of Canadian Law?

36 Questions | Total Attempts: 98

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Law Quizzes & Trivia

The Canadian legal system has its foundation in the English Common Law system, inherited from being a former colony of the UK and later a Commonwealth Realm member of the Commonwealth of Nations. The legal system is bi-jurisdictional. This quiz has been created to test your general knowledge about Canadian Laws. So, let's try out the quiz. All the best!


Questions and Answers
  • 1. 
    By virtue of what legal authority did the Parliament of Canada obtain the right to create the Supreme Court of Canada?
    • A. 

      S 101 of the Constitution Act, 1867

    • B. 

      S 96 of the Constitution Act, 1867

    • C. 

      The Royal Prerogative

    • D. 

      The Statute of Westminster, 1931

    • E. 

      The Judicial Committee (Appeals In British North America) Act, 1868

  • 2. 
    Which of the following distinguishes the Supreme Court of Canada from the Supreme Court of the United States?
    • A. 

      The Supreme Court of Canada regularly sits in panels of nine, while the Supreme Court of the US ordinarily sits in panels of seven

    • B. 

      The Supreme Court of Canada acts as a final court of appeal on all questions of law arising in Canada, while the Supreme Court of the US has a limited jurisdiction

    • C. 

      The Supreme Court of Canada is not bound by its own decisions, while the Supreme Court of the US is

    • D. 

      The Supreme Court of Canada is bound by its own decisions, while the Supreme Court of the US is not

    • E. 

      The Supreme Court of the United States sits only in the national capital, while the Supreme Court of Canada, as a descendant of the English Court of King’s Bench, is peripatetic

  • 3. 
    What is the name of the highest court in the Australian judicial hierarchy?
    • A. 

      The Supreme Court of Australia

    • B. 

      The Judicial Committee of the Privy Council

    • C. 

      The Supreme Court of Australasia

    • D. 

      The High Court of Australia

    • E. 

      The Court of Appeal for Australia

  • 4. 
    Which of the following statements best describes the legacy, for legal purposes, of the agreement that was reached between Edward the Confessor and his cousin, William the Duke of Normandy, about succession to the throne of England following Edward’s death?
    • A. 

      Edward’s religious piousness gave William the justification to attempt to introduce a Roman-based legal system following the Conquest in 1066

    • B. 

      The arrangement served to delay the Norman Conquest of England in that it encouraged William to wait until Edward’s death before claiming the English throne

    • C. 

      Knowledge of the existence of the arrangement led King Harold to begin to introduce the common law immediately prior to the Conquest in an attempt to “charm” the English into accepting his rule.

    • D. 

      The arrangement led William to claim a lawful entitlement to the throne, which was the basis for him proclaiming fealty to the Anglo-Saxon law after the Conquest

    • E. 

      It led to the weaving of the Bayeux Tapestry, which commemorates the events leading up to the Norman Conquest

  • 5. 
    Which of the following statements best describes the legacy, for legal purposes, of the Roman occupation of Britain?
    • A. 

      The fact that Roman Law only applied to Roman citizens meant that when Rome abandoned Britain, a legal void existed which came to be filled by a diversity of legal systems, which reflected the “tribal” laws of the succeeding invaders

    • B. 

      The fact that Britain was under Roman occupation for something approaching half a millennium meant that Britain came to be one of the repositories of Roman law within Western Europe following the sacking of Rome by the Barbarians in the fifth century AD

    • C. 

      The fact that Britain was under Roman occupation was the direct cause of the introduction of the common law system in England

    • D. 

      It was the Roman occupation of the far-flung colony of Britain that led the Emperor Hadrian to develop the Corpus Juris (i.e. the first written Roman Civil Code)

    • E. 

      The existence of written records of legal proceedings taking place in Britain during the Roman occupation illustrates that the Roman Empire had a well-developed system of private law

  • 6. 
    Which of the following statements does not accurately describe the Judicial Committee of the Privy Council?
    • A. 

      It acted as the final court of appeal for the British Empire

    • B. 

      Its shares a common root with the British Cabinet

    • C. 

      Though the last Canadian appeal took place in 1959, appeals were formally abolished by the Canada Act, 1982 (Imp) [1949]

    • D. 

      Its judges include both Law Lords and members of the highest courts from those jurisdictions which maintain appe`als

    • E. 

      It does not issue actual judgments; rather, it only issues advice

  • 7. 
    What was the name given to the tradition of centrally-based judges going around the Kingdom on the circuit?
    • A. 

      The King's Bench

    • B. 

      The Court of Nisi Prius

    • C. 

      The Court of Requests

    • D. 

      The Assizes

    • E. 

      The Curia Regis

  • 8. 
    What is the title of the head of the Queen’s Bench Division of the High Court of Justice in England?
    • A. 

      The Lord Chancellor

    • B. 

      The Chief Justice of the Queen's Bench

    • C. 

      The Lord Chief Justice of Great Britain

    • D. 

      The Lord Chief Justice of England

    • E. 

      The President

  • 9. 
    Which of the following factors was most important in giving rise to the system of Equity?
    • A. 

      The fact that the language of the common law courts was French

    • B. 

      The fact that techniques of proof in the common law were primitive

    • C. 

      The fact that the Chancellor maintained custody of the Great Seal

    • D. 

      The fact that the King’s Bench continued to follow the King, while the Common Pleas remained stationary at Westminster

    • E. 

      The fact that the Church disapproved of non-judicial trials

  • 10. 
    Which of the following courts does not sit at the same hierarchical level as the others?
    • A. 

      The Supreme Court of Canada

    • B. 

      The Court of Appeals for England and Wales

    • C. 

      The High Court of Australia

    • D. 

      The Judicial Committee of the Privy Council

    • E. 

      The Supreme Court of the United States

  • 11. 
    Which of the following is least able to be described as a legacy, for legal purposes, of Feudalism?
    • A. 

      The fact that the Crown in Canada owns most of the Canadian landmass, which enables it to deal with Aboriginal land claims in the way that it does

    • B. 

      The fact that a showdown occurred between Sir Edward Coke CJ and Lord Ellesmere LC over the relative authority of equity and common law

    • C. 

      The fact that one of the implications of feudalism was that just below the King sat a group of powerful nobles, upon whose support the King depended for his authority, which formed the nucleus of what eventually became known as parliament

    • D. 

      The fact that the Provisions of Oxford came to be law, which in turn led the system of pleading (i.e. the writ system) to become exceptionally complex

    • E. 

      The fact that after the introduction of the common law, the language of the courts was for several centuries French

  • 12. 
    What was referred to by the expression “the common law courts”?
    • A. 

      The King’s Bench, the Common Pleas, and the Court of Chancery

    • B. 

      The King’s Bench, the Common Pleas, the Exchequer, and the Curia Regis

    • C. 

      The King’s Bench, the Common Pleas, and the Exchequer

    • D. 

      The King’s Bench, the Common Pleas, the Exchequer, and the Court of Chancery

    • E. 

      The King’s Bench, the Common Pleas, the Court of Chancery, and the Justiciar’s Court

  • 13. 
    Which of the following does not describe a feature which distinguishes the Court of Queen’s Bench of New Brunswick from the Court of Appeal for Ontario?
    • A. 

      The former is a Court of Inherent Jurisdiction, while the latter is a creature of statute

    • B. 

      The former has a right to hear any type of case at first instance, while the latter has a limited jurisdiction

    • C. 

      The two courts’ judges are appointed by different levels of government

    • D. 

      One is a court of first instance, while the other is an appellate court

    • E. 

      The two courts’ judges are appointed from different provincial bars

  • 14. 
    Which of the following statements is incorrect?
    • A. 

      Trial by ordeal and trial by battle were abolished when the Church refused to countenance the participation in them by Priests

    • B. 

      The original notion of the jury was to have a group of people who were presumed to know which party to a lawsuit was most likely to lie

    • C. 

      Most Writs were written in Latin

    • D. 

      In a trial by ordeal by fire, the act of healing was taken as a sign of innocence

    • E. 

      In a trial by ordeal by immersion, the act of sinking was taken as a sign of innocence

  • 15. 
    Who was responsible for the summoning of the first parliament by that name?
    • A. 

      Richard Cour de Lion

    • B. 

      King John

    • C. 

      Simon de Montfort

    • D. 

      Henry I

    • E. 

      Thomas a Becket

  • 16. 
    What is the significance of the Case of Prohibitions del Roy?
    • A. 

      It held that the King could no longer create crimes without Parliament’s approval

    • B. 

      It held that the King could no longer levy taxes without Parliament’s approval

    • C. 

      It held that the King could no longer dismiss judges; that right existed in Parliament

    • D. 

      It held that the King could no longer take an active part in the adjudication of cases

    • E. 

      It held that the King could no longer respond personally to bills submitted in equity; that right existed in the Chancellor

  • 17. 
    Which of the following statements best captures the point of intellectual agreement between Thomas Hobbes and John Locke?
    • A. 

      The proper function of government was to lift man out of a state of nature

    • B. 

      There were certain natural limits that are imposed upon governments, else they lose their legitimacy

    • C. 

      Acts of regicide (i.e. killing a sitting monarch) are permissible in order to protect private property rights

    • D. 

      It is unjust for very rich people to hold great areas of land unused when they could be put to use for the benefit of humanity, i.e. for agricultural purposes

    • E. 

      Without a constitutionally enshrined bill of rights, civil society cannot be said to exist

  • 18. 
    Which of the following statements is least correct?
    • A. 

      As custodian of the Great Seal, the Chancellor was a person of tremendous influence in terms of shaping the scope of the Writ system

    • B. 

      Since the office was occupied by a Bishop for its first few centuries, Roman law precepts came to be a dominant influence in the evolution of Equity

    • C. 

      The first lay Chancellor was St Thomas More

    • D. 

      Charles Dickens’ parody of the procedures in Chancery served as a significant impetus for fusion of law and equity

    • E. 

      The present-day Lord Chancellor is the head of the judiciary in the United Kingdom

  • 19. 
    Which of the following best encapsulates Montesquieu’s thesis as propounded in his famous work, L’esprit des Lois (The Spirit of the Laws)?
    • A. 

      The best way to ensure the maintenance of individual liberty is to adopt a constitutional bill of rights as the American revolutionaries had done

    • B. 

      Given that in a state of nature, life was “solitary, poor, nasty brutish and short”, a despotic government was a better alternative than no government at all

    • C. 

      The division of governmental power among distinct branches was a way of ensuring that no one person would have too much power, which was the best way to ensure the maintenance of individual liberty

    • D. 

      The concept of natural law cannot exist within the rubric of a constitutional state

    • E. 

      That all Men are created equal, and that they are endowed by their Creator with certain inalienable rights, among which are life, liberty and the pursuit of happiness

  • 20. 
    Which of the following best describes the constitutional significance of the increase in activity of parliament in the formulation and passing of legislation that took place in the Tudor era?
    • A. 

      It marked the beginning of the division between what we now call legislative power, and what we refer to as executive power

    • B. 

      It meant that the Church of England would be separate from the Church in Rome, which ensured that England would remain a common law jurisdiction

    • C. 

      It led to conflict between the Lord Chief Justice and the Chancellor over the relative primacy of the common law and equity

    • D. 

      It led to the development of the substance and procedure relating to the common law of real property

    • E. 

      It facilitated the decline of the writ system

  • 21. 
    What is conventionally understood to be the holding in Dr Bonhams’s Case?
    • A. 

      The King could no longer take an active part in the drafting of statutes

    • B. 

      In the case of ambiguity in a statute’s language, one should look at the "mischief" to which the Act was directed, or the problem that it was trying to address, and give the ambiguous words whichever interpretation would be likely to further that goal

    • C. 

      If a statute offends a principle of natural law, the courts can disregard it

    • D. 

      The literal meaning of words in a statute is to be applied unless they will lead to an absurd result, in which case the ordinary meaning of the words can be modified to the extent necessary to avoid the absurdity

    • E. 

      Words in a statute are to be assigned their literal meaning; if this leads to an illogicality or an injustice, it is the duty of parliament to correct it

  • 22. 
    According to Blackstone, which of the following is a correct statement of legal principle which applies to new territory acquired by conquest or session?
    • A. 

      The Crown acquires a right to legislate for the new territory by prerogative, which continues until such time as it establishes a legislative assembly for the new territory

    • B. 

      The right to legislate for the new territory is acquired immediately by the Imperial parliament

    • C. 

      The Crown and the Imperial parliament both acquire a right to legislate for the new territory, which co-exists until the Imperial parliament formally divests the Crown of its rights

    • D. 

      The pre-existing legal order continues in force until changed or altered by the Imperial parliament

    • E. 

      The common law immediately comes into force in the new territory upon the formal acquisition of British sovereignty

  • 23. 
    Which of the following statements best captures the relationship which exists between equity and the common law?
    • A. 

      The common law trumps equity, except in cases involving fraud or breach of trust

    • B. 

      Equity trumps the common law, but in cases involving disputes over ownership of land, the common law must be resorted to first

    • C. 

      Equity trumps the common law, but it must first be demonstrated that equity needs to be resorted to in lieu of the law

    • D. 

      The common law trumps equity, except where equity is resorted to first

    • E. 

      Equity trumps the common law, except in cases involving intentional torts

  • 24. 
    Which of the following was the basis for the existence of a separate legal system in Quebec?
    • A. 

      The Royal Proclamation of 1763

    • B. 

      The Quebec Act, 1774

    • C. 

      The Constitutional Act, 1791

    • D. 

      The Property and Civil Rights Act, 1792

    • E. 

      The Colonial Laws Validity Act, 1865

  • 25. 
    Which of the following is least able to be a reason to state that Magna Carta is worthy of study today?
    • A. 

      Because through their demands, the Barons showed that they had accepted the notion of central rule

    • B. 

      Because Magna Carta was one of the first enunciations of what we today would recognize as “enshrined” civil rights

    • C. 

      Because Magna Carta gave rise to the Provisions of Oxford, which in turn had a profound impact on the system of pleading

    • D. 

      Because Magna Carta solidified the notion of the administration of justice as being distinct from the King’s person

    • E. 

      Because Magna Carta provided that a council of nobles would oversee the King’s rule, to ensure that he observed the terms of the Charter