Test Your Knowledge About Foundations Of Canadian Law! Trivia Quiz

31 Questions | Total Attempts: 166

SettingsSettingsSettings
Please wait...
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. 
    Which of the following is/was not at the same hierarchical level as the others?
    • A. 

      The Manitoba Court of Queen’s Bench

    • B. 

      The Family Division of the High Court of Justice of England and Wales

    • C. 

      The Family Court of Ontario

    • D. 

      The Exchequer Court of Canada

    • E. 

      The Supreme Court of Prince Edward Island

  • 2. 
    Which of the following statements is accurate?
    • A. 

      The Supreme Court of Canada was created by virtue of the legislative authority vested in the Parliament of Canada by s 96 of the Constitution Act, 1867

    • B. 

      Australian appeals to the Judicial Committee of the Privy Council were abolished at the same time as Canadian and Indian appeals

    • C. 

      The head of the English Court of Appeal is known as the Lord Chief Justice

    • D. 

      The House of Lords cannot deliver formal judgments. It only issues “advice” to the Sovereign

    • E. 

      The court of final resort in the United Kingdom is known as the High Court of Parliament

  • 3. 
    Which of the following statements is incorrect?
    • A. 

      The Japanese civil legal system is based upon the German Imperial Civil Code

    • B. 

      St Lucia uses the law of pre-Revolutionary France, which it inherited from Quebec

    • C. 

      Quebec adopted the Napoleonic Code as a consequence of the Royal Proclamation of 1763

    • D. 

      Roman-Dutch law is the basis of the civil legal system in both South Africa and Sri Lanka

    • E. 

      The US state of Louisiana is a civil law jurisdiction

  • 4. 
    What was the significance of the London St Tramways Case?
    • A. 

      It effectively decided that the Supreme Court of Canada was bound by decisions of the Judicial Committee of the Privy Council, even in non-Canadian appeals

    • B. 

      It represented the high-water mark in the doctrine of stare decision

    • C. 

      It represented a de facto repudiation of the doctrine of the supremacy of parliament

    • D. 

      It effectively freed the supreme courts of the Dominions from substantive control by the House of Lords

    • E. 

      It contributed to the debate over the authority of the House of Lords regarding veto power over financial legislation

  • 5. 
    What are the three divisions of the High Court of Justice of England and Wales?
    • A. 

      The Queen’s Bench Division, the Common Pleas Division and the Chancery Division

    • B. 

      The Queen’s Bench Division, the Common Pleas Division and the Family Division

    • C. 

      The Queen’s Bench Division, the Common Pleas Division and the Exchequer Division

    • D. 

      The Queen’s Bench Division, the Family Division and the Chancery Division

    • E. 

      The Queen’s Bench Division, the Family Division and the Exchequer Division

  • 6. 
    Which of the following was not a consequence of the passage of the Judicature Acts of 1873 and 1875?
    • A. 

      Law and Equity were fused into one system

    • B. 

      The common law courts were merged

    • C. 

      The Order of Serjeantry came to be redundant

    • D. 

      The Lord Chief Justice came to have jurisdiction to apply the rules of equity

    • E. 

      The system of civil procedure became simplified

  • 7. 
    Which of the following statements is least accurate?
    • A. 

      Aboriginal concepts of social ordering were influential among some segments of the Enlightenment

    • B. 

      Prior to 1763, English authorities acknowledged the national status of indigenous people in North America

    • C. 

      The Royal Proclamation of 1763 entrenched the right of Aboriginal people to exercise absolute dominion over reserved lands

    • D. 

      Nova Scotia, New Brunswick and Prince Edward Island are all deemed to be settled territories with respect to the doctrine of reception of English Law

    • E. 

      The move by the Crown to protect Aboriginal rights in the Royal Proclamation of 1763 was one of the proximate causes of the American Revolution

  • 8. 
    Which of the following statements is least accurate:
    • A. 

      The Anglo-Saxon legal system was substantively more primitive than the legal system which succeeded it

    • B. 

      The Roman occupation of Britain had no relevance to the establishment of the common law

    • C. 

      The establishment of the Danelaw was an antecedent to the Norman Conquest of England

    • D. 

      In terms of the system of governance, a fundamental defect in Anglo-Saxon England was the lack of an organized system of Assizes

    • E. 

      The Norman Conquest of 1066 was not so much an invasion as it was a move to vindicate a legal right

  • 9. 
    Which of the following is not a Maxim of Equity?
    • A. 

      Equity assists the diligent, not the tardy

    • B. 

      Equity looks on that as done which ought to be done

    • C. 

      Where the equities are equal, the law prevails

    • D. 

      Equity aids the poor, not the rich

    • E. 

      He who seeks equity must come with clean hands

  • 10. 
    Which of the following is least able to be stated as a proximate cause of the rise of Equity?
    • A. 

      The inherent limitations in a system of judicial proof that depended upon Trial by Ordeal and Trial by Battle

    • B. 

      The fact that the office of Chancellor was occupied by a Bishop

    • C. 

      The fact that until the Reformation, the English Throne was occupied by someone who professed the Roman Catholic faith

    • D. 

      The fact that during the Twelfth and Thirteenth Centuries, the Sovereign was often away from England – either participating in the Crusades or engaged in War in Europe

    • E. 

      The fact that the law acts in rem

  • 11. 
    Which of the following statements is least accurate?
    • A. 

      Napoleon’s legacy for modern Europe is arguably as great as a law-maker as it is as a conquering general

    • B. 

      What chiefly distinguishes the civil law systems from the common law is the fact that the common law system does not contain codifications of the law

    • C. 

      A civil code typically contains broad statements of principle, from which judges deduce what should be done in a given case

    • D. 

      In contrast to the common law, the civil law reflects a top-down philosophy of social governance

    • E. 

      The civil law relies to a much greater extent than the common law on legal texts as a source of authoritative legal pronouncements

  • 12. 
    Which of the following statements is accurate?
    • A. 

      Lord Ellesmere LC was Sir Francis Bacon’s great rival in the struggle between Law and Equity

    • B. 

      Sir Thomas More was the last Chancellor who was a Bishop

    • C. 

      Equity trumps the common law, except in disputes regarding fee simple

    • D. 

      The chancellorship of Lord Eldon was one of the causes of the passage of the Judicature Acts

    • E. 

      It was during the reign of James II that the formula governing the relationship between Law and Equity was determined

  • 13. 
    • A. 

      The intent of the Parliament of Canada in passing the Indian Act was to preserve the integrity of Aboriginal culture

    • B. 

      The Indian Act was passed partly in response to the holding of the Privy Council in the St Catharines Milling case

    • C. 

      It was in the immediate aftermath of the St Catharines Milling case that the Imperial Parliament moved to set up the network of residential schools

    • D. 

      Even after passage of the Indian Act, Canadian governments continued to treat Aboriginal groups as if they had the status of nations

    • E. 

      The Trudeau government’s 1969 White Paper on Indian Affairs proposed a program of Aboriginal courts in which Aboriginal people could be tried according to Aboriginal law

  • 14. 
    Which of the following statements about Magna Carta is least correct?
    • A. 

      Magna Carta served as a precursor to the Canadian Charter of Rights and Freedoms

    • B. 

      The fact of its execution showed that England had escaped its Anglo-Saxon past, and had become a unified country

    • C. 

      The existence of the three common law courts was a direct consequence of Magna Carta’s requirement that the common pleas be hears in a fixed place

    • D. 

      The roots of parliamentary government can be seen in Magna Carta’s enforcement mechanism

    • E. 

      Magna Carta can be said to have been the first step towards a constitutional theory of the separation of powers, in that it implicitly enshrined the notion of the administration of justice as being distinct from the King’s person

  • 15. 
    Which of the following factors was least important in giving rise to the move to federate Britain’s North American colonies in 1867?
    • A. 

      The declaration of secession from the US federation by South Carolina in 1860

    • B. 

      The tumult in Ireland relating to British sovereignty

    • C. 

      The shift in population base between Canada East and Canada West in the years after 1841

    • D. 

      The South Australian constitutional crisis of 1865

    • E. 

      The invention by Watt of an efficient steam engine

  • 16. 
    Who was the Prime Minister of Canada at the time of declaration of War in 1914?
    • A. 

      William Lyon Mackenzie King

    • B. 

      Sir Wilfred Laurier

    • C. 

      Sir Robert Borden

    • D. 

      Sir John A Macdonald

    • E. 

      Vincent Massey

  • 17. 
    Which of the following was the least important determinant of the content of the Balfour Declaration of 1926?
    • A. 

      The creation of the Imperial War Cabinet in 1917

    • B. 

      The founding of the League of Nations

    • C. 

      The King-Byng crisis

    • D. 

      The Battle of Vimy Ridge

    • E. 

      The Chanak Crisis

  • 18. 
    Which of the following is not a correct statement of Canadian law as it relates to Aboriginal title?
    • A. 

      As the first occupiers of their lands, Aboriginal peoples have enforceable rights in relation to the use of those lands, subject only to the terms of applicable treaties and justifiable Crown infringement

    • B. 

      Promises made during the course of negotiation of a land treaty, even if they are not reflected in the text of the treaty, are enforceable

    • C. 

      Aboriginal peoples have legally enforceable rights to practice customs that were integral to their traditional societies

    • D. 

      As a consequence of s 35 of the Constitution Act, 1982, the Government of Canada now has an exclusive right to negotiate with Aboriginal people in matters relating to Aboriginal land rights

    • E. 

      The common law rules relating to hearsay evidence are not fully applicable in cases dealing with treaty rights

  • 19. 
    Which of the following factors is least able to be stated as a proximate cause of the move to reform civil procedure in England in the latter half of the nineteenth century?
    • A. 

      The satire of Charles Dickens

    • B. 

      The descent of the Order of Sergeantry into a haven for political patronage

    • C. 

      The so-called “Field Code” of New York

    • D. 

      The expansion of the electoral franchise in England

    • E. 

      The back-log in cases in the Court of Chancery

  • 20. 
    What are the four Inns of Court?
    • A. 

      Lincoln’s Inn, Gray’s Inn, the Inner Temple, the Outer Temple

    • B. 

      Serjeant’s Inn, Gray’s Inn, the Middle Temple, the Outer Temple

    • C. 

      Lincoln’s Inn, Gray’s Inn, the Inner Temple, the Middle Temple

    • D. 

      Searjeant’s Inn, Black’s Inn, the Inner Temple, the Middle Temple

    • E. 

      The Inner Temple, the Middle Temple, the Outer Temple, Lincoln’s Inn

  • 21. 
    Which of the following is not an accurate statement about the Statute of Westminster, 1931?
    • A. 

      It preserved a right in the Imperial Parliament to legislate for the Dominions

    • B. 

      It provided that in no case could a Dominion law be ruled unlawful simply because it was in conflict with an Imperial statute

    • C. 

      It confirmed that the Dominions had the right to legislate extra-territorially

    • D. 

      At the request of the Australian states, its provisions did not apply to them

    • E. 

      It repealed the remainder of the repugnancy doctrine that the Colonial Laws Validity Act had preserved

  • 22. 
    Which of the following is least able to be described as a contributor to the existence of the so-called “National” Canadian law firm of today?
    • A. 

      The fact that in Canada, we do not have a legal profession that is formally divided between barristers and solicitors as is the case in England

    • B. 

      The fact that Canada went through a phase of large-scale industrialization in the years preceding the First World War

    • C. 

      The fact that Canada’s closest economic partner is the United States

    • D. 

      The fact that in Canada, the practice of lawyers straddled the strictly legal and business worlds in a way that in England it did not

    • E. 

      The fact that the legal profession is free of governmental regulation in Canada

  • 23. 
    Which of the following played the greatest part in shaping the legislative process as we know it in Canada?
    • A. 

      Simon de Montfort’s Parliament of 1265

    • B. 

      Magna Carta

    • C. 

      The English Reformation

    • D. 

      The Glorious Revolution

    • E. 

      The Case of Proclamations

  • 24. 
    Which of the following statements best describes the significance of the Provisions of Oxford?
    • A. 

      It represented an early episode in the conflict between the Church, as represented by the Chancellor, and Parliament

    • B. 

      It serves as an early illustration of the nature of a bi-cameral Parliament at work

    • C. 

      It represented the last gasp of the old Anglo-Saxon legal systems before they were abolished in favour of the common law

    • D. 

      It engendered a period of growth in the compass of the Writs

    • E. 

      It represented the very first time that Parliament asserted its authority against the Crown

  • 25. 
    Which of the following statements is incorrect?
    • A. 

      In the US, each state, regardless of its population, has an equal number of representatives in the Senate

    • B. 

      New Zealand has only one house of parliament

    • C. 

      In Australia, each state, regardless of its population, has an equal number of representatives in the Senate

    • D. 

      In Canada, each province, regardless of its population, has an equal number of representatives in the Senate

    • E. 

      The Senate of Canada possesses greater legislative authority than the House of Lords

  • 26. 
    Who of the following best embodied the jurisprudential philosophy known as positivism?
    • A. 

      John Locke

    • B. 

      Jeremy Bentham

    • C. 

      Thomas Hobbes

    • D. 

      The Baron de Montesquieu

    • E. 

      Sir Henry Maine

  • 27. 
    Which of the following statements is most accurate?
    • A. 

      The foundation of the Law Society of England and Wales was part of a self-initiated move among barristers and solicitors to professionalize

    • B. 

      The Inns of Court were once considered to be a rival to the ancient universities of Oxford and Cambridge

    • C. 

      Sir William Blackstone established the very first professorship of common law in the world

    • D. 

      The first professorship of common law in the United States was at Harvard University

    • E. 

      The law school at Osgoode Hall was established by the Law Society of Upper Canada in the late nineteenth century to emulate the style of legal education offered at Harvard

  • 28. 
    What was the name of the architect of the so-called “case method” of legal education?
    • A. 

      Cecil Augustus Wright

    • B. 

      Sir William Blackstone

    • C. 

      Tapping Reeve

    • D. 

      Christopher Columbus Langdell

    • E. 

      Chancellor James Kent

  • 29. 
    Which of the following statements is least accurate?
    • A. 

      Parliament originally was merely a consultative body, in which the King could meet and discuss important issues with the important people in the Kingdom

    • B. 

      By the reign of Edward III, it came to be the practice that the consent of parliament was necessary before taxes could be levied

    • C. 

      From the very beginning, it was the custom to summon to Parliament representatives of the boroughs and shires, in addition to the Nobles and Bishops

    • D. 

      John successfully resisted calling a parliament; it was his successor, Henry III, who ultimately did so

    • E. 

      Most Bills paid before parliament in the early days were dealt with by the Chancellor

  • 30. 
    Which of the following does not describe a feature which distinguishes the Supreme Court of British Columbia from the Court of Appeal for Ontario?
    • A. 

      The former was created by Letters Patent, while the latter is a creature of statute

    • B. 

      The two courts’ judges are appointed from different provincial bars

    • C. 

      The former has inherent jurisdiction, while the latter has a limited jurisdiction

    • D. 

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

    • E. 

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

  • 31. 
    According to Blackstone, which of the following is a correct statement of legal principle that applies to new territory acquired by conquest or session?
    • A. 

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

    • B. 

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

    • C. 

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

    • D. 

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

    • E. 

      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