Chapter 04: The Canadian Legal System Keatings: Ethical & Legal Issues in Canadian Nursing, 4th Edition MULTIPLE CHOICE 1. When a legal decision is being made, which of the following source of common law has
the highest degree of authority? a. Doctrine b. Case law c. Statute law and regulations d. Custom ANS: C Feedback A B C D
Incorrect—Doctrine, the opinion of a legal expert, does not have the highest degree of authority. Incorrect—Case law is dependent on the level of the court that renders the decision and does not have the highest degree of authority. Correct! Statute law and regulations are the most authoritative source of common law. Incorrect—Custom has the lowest level of authority and is used only when there is a complete absence of guidance from other sources.
DIF: Cognitive level: Synthesis 2. Which of the following is being done by a judge when attempting to determine negligence
by applying principles from previous precedents and elaborating on them before making a decision? a. Naming a litigant b. Developing common law c. Developing civil law d. Preparing the case for the superior court ANS: B Feedback A B
C D
Incorrect—This does not describe what this judge is doing. A litigant is a party to a lawsuit. Correct! Centuries of judgements, precedents, and previous cases all build on each other to form common law. The judge in this example is developing common law. Incorrect—This does not describe what this judge is doing. Civil law uses a civil code to guide all decisions. Incorrect—This is not applicable.
DIF: Cognitive level: Analysis 3. Which of the following statements accurately describes statute law?
