HERITAGE
Review Questions
1. Which two of the world's basic law systems has Canada inherited?
2. What is Common law?
3. Upon what is Civil Law based?
4. The relationships between and transactions among persons subject to Québec law are regulated by which two codes?
5. Until 1949, what was the highest Canadian court?
6. What does the Constitution outline?
7. Who determines whether the legislation is validly enacted?
8. In interpreting legislation, what must the court always ask itself?
9. What does the Canadian Charter of Rights and Freedoms more directly protect than the Constitution?
10. What is case law?
11. What do judges often record when deciding cases?
12. Upon whom are Supreme Court of Canada decisions binding?
13. What is actually binding in the doctrine of binding precedent?
14. What is stare decisis?
15. What is the primary authority for Québec judges?
16. Give an example of royal prerogative.
17. What two fundamental legal concepts are also considered in the development of law?
18. What are the two main divisions of the law?
19. What are the two main branches of public law?
20. What does Private law regulate?
21. What are the main divisions of the civil and common law governing the obligations of individuals to each other?
22. What is natural law?
23. What three principles is Natural Law Philosophy based upon?
24. What is positive law?
25. Who are the major proponents of positive law?
26. What did Plato think laws should strive to reflect?
27. What did Aristotle believe the origin of laws derived from?
28. Why did Cicero believe we ought to follow laws?
29. What are St. Thomas Aquinas’ four categories of law?
30. What are John Locke’s Fundamental rights?
31. What is John Stuart Mills’ Harm principle?
32. What is Utilitarianism?
33. What are the three Social Contract theory apportions?
34. What are Kant’s two moral/legal principles?
35. What is morality?
36. Which two things are required for functional distributive justice?