LWSO 203

Which statement best reflects the positivist theory of law?

• A. Law is a legal manifestation of Parliamentary Supremacy

• B. Law is a mechanical analysis which questions the law's morality.

• C. Law is a series of possible answers which can be applied based on the facts of each case.

• D. Law is a systematic approach which requires lawyers to argue for the application of ethics to judicial decision making.

Which term best describes those who argue that law can only be understood by understanding political, economic, and social contexts?

• A. Libertarians

• B. Legal realists

• C. Legal positivists

• D. Natural law adherents

What aspect of Canadian society do libertarians oppose?

• A. private jails

• B. privately funded health care

• C. mandatory seatbelt legislation

• D. tax incentives for saving for your own retirement

What type of law is specifically concerned with the governance of nations in accordance with treaties?

• A. treaty

• B. global

• C. conventional

• D. international

What area of law is primarily concerned with collective interests?

• A. public law

• B. family law

• C. procedural law

• D. constitutional law

Which statement best describes the process of court interpretation of ordinary legislation?

• A. It abuses the power of elected representatives.

• B. It gives unelected judiciary the power to protect its privileges.

• C. It ensures the seperation of judicial, legislative and executive powers.

• D. It modifies the designs of lawmakers to conform to the real situations presented in court.

Which statement most clearly explains how the "plain-meaning rule" requires the court to interpret the words of a statute?

• A. It must be interpreted according to the context of the statute.

• B. It must be interpreted according to the intentions of the statute.

• C. It must be interpreted according to the literal sense of the words.

• D. It must be interpreted according to the least absured meaning of the statute.

Which statement best describes the "Golden Rule" of statutory interpretation?

• A. It is another name for the "plain meaning rule".

• B. It is another name for the "rule in Heydon's Case."

• C. It explains that words can always be read literally because the court can assume that the legislators have made no error or omission.

• D. It requires the courts to interpret statutes to ensure that, in the case of absurdity, repugancy, or inconsistency, they are remedied by examining the context of the statute.

Which of the following definitions best explains stare decisis?

• A. of the same kind

• B. the thing speaks for itself

• C. to stand by decided things

• D. the expression of one is the exclusion of the other

Which statement exemplifies the most significant difference between constitutional law and any other form of statute law?

• A. Constitutional laws can only be introduced in the Senate.

• B. Only a limited number of constitutional laws can be pass per year.

• C. Constitutional law cannot be unchanged unless the amending formula contained therein is applied.

• D. Constitutional laws cannot be signed by the Governor General or Lieutenant Governor of a province.