Test Your Knowledge About Foundations Of Canadian Law! Trivia Quiz

The statement "Equity aids the poor, not the rich" is not a Maxim of Equity because the principle of equity does not discriminate based on wealth. Equity seeks to provide fair and just outcomes regardless of a person's financial status. The other options listed are all recognized Maxims of Equity that guide the application of equitable principles in legal cases.

The significance of the London St Tramways Case was that it represented the high-water mark in the doctrine of stare decision. This means that it set a precedent for future cases, establishing the principle that courts should generally adhere to previous decisions and not overturn them unless there are compelling reasons to do so. This doctrine promotes stability, predictability, and consistency in the legal system, as it ensures that similar cases are treated similarly. The London St Tramways Case therefore had a lasting impact on the development of common law jurisprudence.

The four Inns of Court are Lincoln's Inn, Gray's Inn, the Inner Temple, and the Middle Temple. These four Inns of Court are professional associations for barristers in England and Wales. They provide education, training, and support for aspiring barristers, as well as a venue for legal events and social activities. Each Inn has its own distinct history and traditions, and they play a significant role in the legal profession in the United Kingdom.

The answer is C. Quebec adopted the Napoleonic Code as a consequence of the Quebec Act of 1774, which restored French law as the basis of the legal system. The Royal Proclamation, in contrast, had attempted to introduce common law as the foundation of the legal order.

Sir Robert Borden was the Prime Minister of Canada at the time of the declaration of war in 1914. He served as the Prime Minister from 1911 to 1920 and played a crucial role during World War I. Borden led Canada through the war and made significant contributions to the war effort. He implemented measures such as conscription and played a key role in negotiating Canada's participation in the Treaty of Versailles. Borden's leadership during this time was instrumental in shaping Canada's role in the war and its aftermath.

In Canada, the Senate is not based on equal representation for each province. Instead, the Senate is appointed, with each province having a certain number of senators based on its population. This means that more populous provinces have more senators, while less populous provinces have fewer senators. Therefore, the statement that each province, regardless of its population, has an equal number of representatives in the Senate is incorrect.

The answer is C. All of the other courts are superior courts. The Family Court, in contrast, is a provincial court – an “inferior court”, as they are known.

The correct answer is B. Generally speaking, the common law does not contain codifications, but there are some obvious exceptions – the Criminal Code of Canada being one!

The correct answer is The Queen’s Bench Division, the Family Division and the Chancery Division. These are the three divisions of the High Court of Justice of England and Wales. The Queen's Bench Division deals with civil cases and some criminal cases, the Family Division deals with family law matters, and the Chancery Division deals with business, property, and trust law cases.

According to Blackstone, the correct statement of legal principle that applies to new territory acquired by conquest or session is that 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. This means that the Crown has the authority to make laws for the new territory until a legislative assembly is established to take over the legislative power.

The correct answer is that the two courts’ members are appointed by different levels of government. This means that the Supreme Court of British Columbia and the Court of Appeal for Ontario do not differ in terms of how their members are appointed. The other options provided in the question do describe features that distinguish the two courts, such as the method of creation, jurisdiction, and their roles as a court of first instance or appellate court.

Jeremy Bentham best embodied the jurisprudential philosophy known as positivism. Positivism is a legal theory that emphasizes the importance of using empirical evidence and scientific methods to understand and interpret the law. Bentham, an English philosopher and legal theorist, was a key figure in the development of utilitarianism and advocated for a legal system based on the principle of maximizing happiness for the greatest number of people. His work, including his influential book "An Introduction to the Principles of Morals and Legislation," laid the foundation for the positivist approach to law.

The answer is C. The Royal Proclamation made it unlawful for Aboriginal people to sell their lands directly to settlers. This is a clear infringement on rights associated with the notion of absolute dominion.

Christopher Columbus Langdell is the correct answer because he is known as the architect of the "case method" of legal education. The case method is a teaching technique where students study and analyze legal cases to understand legal principles and concepts. Langdell introduced this method as the dean of Harvard Law School in the late 19th century, revolutionizing legal education and influencing law schools worldwide. His approach emphasized the importance of studying actual cases and using them as a basis for learning and applying legal principles.

The correct answer is D. As important as Vimy Ridge was to our sense of nationalism, and of national identity, it did not figure as large in the Imperial constitutional machinations of the post-War period, or in the consciousness of the British government, as did the other events.

The South Australian constitutional crisis of 1865 was least important in giving rise to the move to federate Britain's North American colonies in 1867. This crisis, which involved a dispute over the power of the colonial governor, was specific to South Australia and did not have a direct impact on the other colonies in North America. In contrast, the other factors mentioned, such as the declaration of secession by South Carolina, the tumult in Ireland, and the shift in population base between Canada East and Canada West, had more significant implications for the overall political climate and the desire for federation. The invention of an efficient steam engine by Watt is unrelated to the question and can be disregarded.

The correct answer is that the Government of Canada now has an exclusive right to negotiate with Aboriginal people in matters relating to Aboriginal land rights as a consequence of section 35 of the Constitution Act, 1982. This means that the government has the sole authority to engage in discussions and make decisions regarding Aboriginal land rights. This statement is incorrect because section 35 of the Constitution Act, 1982 actually recognizes and affirms the existing Aboriginal and treaty rights of the Indigenous peoples of Canada. It does not give exclusive negotiation rights to the government.

The answer is A. Law and Equity were not fused; rather, their administration was fused. Systemically, they remain distinct. This was a point that I emphasized repeatedly in class.

The correct answer is C. The three courts already existed, at least in nascent form, in 1215. What Magna Carta did was begin the process of separating the administration of justice from the Royal Household – a process which was completed four hundred years later by the Case of Prohibitions del Roy.

The passage of the Judicature Acts was influenced by Lord Eldon's chancellorship.

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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 suggests that this aspect does not contribute to the existence of the "National" Canadian law firm. This is because the absence of a formal division between barristers and solicitors means that Canadian law firms do not have to adhere to the traditional structure and can operate in a more integrated and flexible manner.

The answer is A. As was noted in class, pre-1066 English law was in some respects more advanced than post-1066 law. Anglo-Saxon law, for example, allowed women to inherit property – something which the common law did not permit until the nineteenth century.

The correct answer is D. The ambition of the Provisions of Oxford to slow the development new writs led to the large-scale institution of legal fictions, which strengthened the ability of the writ system to deal with new types of disputes.

The answer is D. The fact that the Sovereign was absent certainly led to the creation of much of the apparatus of civil government. But the Chancellor, as a member of the Royal Household, as a rule, travelled with the King.

The correct answer is B. The roles placed by A, C and E are obvious. D was important for it set the scene for an increasing public consciousness of government, and a hunger for “rationalism” – D was the engine which drove the Victorian era. At first glance, B seems like an obvious choice, but while it is true that the Order of Serjeantry had by the end become a haven for political patronage, this did not play a major part in the move to merge the Courts.

The correct answer is B. C seems at first glance to be correct, but if the statement is read carefully, it becomes apparent that it is the wrong choice. Blackstone occupied the first chair of common law in the world, but the chair was established by Charles Viner.

The statement suggests that even after the Indian Act was passed, Canadian governments continued to treat Aboriginal groups as if they were separate nations. This implies that the Indian Act did not fully address the issue of preserving the integrity of Aboriginal culture and instead perpetuated a system of treating Aboriginal groups as separate entities. This aligns with the historical context of the Indian Act and the ongoing challenges faced by Aboriginal communities in Canada.

The correct answer is D. John certainly tried to avoid living up to the promises that he had made in Magna Carta, but he could not be said to have resisted calling a parliament – the word had not bee invented yet!

The correct answer is C. As was discussed in class, it was the social tension associated with the split of the Church of England from the Church in Rome that led parliament to have devolved to it the policy-shaping, and legislative drafting, the role that we assume is rightfully parliament’s today.

The Statute of Westminster, 1931 preserved a right in the Imperial Parliament to legislate for the Dominions, confirmed that the Dominions had the right to legislate extra-territorially, and repealed the remainder of the repugnancy doctrine that the Colonial Laws Validity Act had preserved. However, it did not provide that in no case could a Dominion law be ruled unlawful simply because it was in conflict with an Imperial statute.