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

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A Incorrect Doctrine, the opinion of a legal expert, does not have the highest degree of authority.

B Incorrect Case law is dependent on the level of the court that renders the decision and does not have the highest degree of authority.

C Correct! Statute law and regulations are the most authoritative source of common law.

D 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 a. Naming a litigant b. Developing common law c. Developing civil law d. Preparing the case for the superior court

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?

ANS: B

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A Incorrect This does not describe what this judge is doing. A litigant is a party to a lawsuit.

B 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.

C Incorrect This does not describe what this judge is doing. Civil law uses a civil code to guide all decisions.

D Incorrect This is not applicable.

DIF: Cognitive level: Analysis a. A set of reasons for a decision in a particular case based on decisions made in previous cases b. A formal written set of rules passed by a legislative body c. The absence of specific and applicable legal principles d. A system of rules and doctrines developed over time

3. Which of the following statements accurately describes statute law?

ANS: B

A Incorrect This statement describes case law, not statute law. Case law is a body of precedent that contains rules, definitions of legal concepts, and legal principles fashioned by judges over time.

B Correct! Statute law is a formal written set of rules passed by Parliament or other legislative body to regulate a particular area, such as Ontario’s Regulated Health Professions Act (1991), which regulates all of the health care professions in Ontario.

C Incorrect This statement describes custom, not statute law. Custom means that in the absence of specific and applicable legal principles in case law, statutes, or doctrine, the courts will be guided by the longstanding practices of a particular industry, trade, or other endeavour.

D Incorrect This statement describes common law, not statute law.

DIF: Cognitive level: Knowledge a. An act is inferior to the regulation from which it flows. b. The regulation is considered a guideline. c. A regulation is known as “subordinate legislation.” d. A regulation is known as “inordinate legislation.”

4. Which of the following statements regarding the priority of a regulation is accurate?

ANS: C

A Incorrect This is not an accurate statement.

B Incorrect This is not an accurate statement. Regulations are more than a guideline, and they have the same force of law as statutes or acts.

C Correct! A regulation is additional legislative detail written to assist in explaining a statute or act and its application. Thus, regulations are known as “subordinate legislation,” and the regulation is inferior to the act from which the regulation flows; the statute takes priority.

D Incorrect “Inordinate” means excessive, or disorderly, and is irrelevant with regard to regulations and legislation.

DIF: Cognitive level: Application a. A body of precedent in Canadian common law that is superior to the civil code b. A body of precedent in Quebec common law that is superior to the civil code c. A body of precedent in the Canadian civil system that is inferior to the civil code d. A body of precedent in the Quebec civil system that is inferior to the civil code

5. Which of the following is the most accurate description of jurisprudence in the Quebec legal system?

ANS: D

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A Incorrect Common law does not use a civil code.

B Incorrect Quebec does not use common law.

C Incorrect In Canada, only Quebec has a civil law system; the rest of Canada is based on a common law system. The civil code is part of civil law.

D Correct! Jurisprudence is a body of precedent used in Quebec civil law. It is merely evidence of how previous courts have treated a particular provision of the Civil Code of Quebec and is subordinate to the Code and not binding on a subsequent court.

DIF: Cognitive level: Comprehension a. Procedural fairness b. Due process c. Natural justice d. Rule of law

6. Which of the following is the feature of justice that encompasses the notion that all people are equal before the law and entitled to the same rights and benefits?

ANS: B

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A Incorrect Procedural fairness means that all individuals are treated fairly and consistently; it does not directly relate to the notion described.

B Correct! Due process is the feature of justice that encompasses the notion that all people are equal before the law and entitled to the same rights and benefits arising from the law.

C Incorrect Natural justice refers to what is fair and good in human relationships; it does not directly relate to the notion described.

D Incorrect The rule of law means that those responsible for administering and enforcing laws will do so appropriately; it does not directly relate to the notion described.

DIF: Cognitive level: Knowledge a. Documentary discovery b. Examination for discovery c. Pretrial conference d. Disclosure

7. A nurse named in a lawsuit is involved in a preparatory legal proceeding, where it becomes apparent that the opponent has enough evidence to prove the case. What is this preparatory meeting called?

ANS: B

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A Incorrect Documentary discovery is the process used to prove that the parties involved have disclosed all relevant documents; it is not the preparatory meeting described.

B Correct! During examination for discovery, each party has the opportunity to answer questions relevant to any matter raised, in the presence of both parties’ lawyers. No judge is present at this stage.

C Incorrect A pretrial conference is one last effort before the trial to resolve the dispute; it is not the preparatory meeting described.

D Incorrect Disclosure is achieved through two mechanisms: documentary discovery and the oral examination for discovery; it is not the preparatory meeting described.

DIF: Cognitive level: Synthesis a. A “wrong” committed against another person under common law b. A less serious type of criminal offence c. The most serious type of offence under common law d. The most serious type of criminal offence

8. Which of the following statements accurately describes an indictable offence?

ANS: D

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A Incorrect This “wrong” is known as a tort, not an indictable offence.

B Incorrect A criminal offence of a minor or relatively less serious nature is known as a summary conviction offence, not an indictable offence.

C Incorrect An indictable offence falls under criminal law, not common law.

D Correct! An indictable offence is the most serious type of criminal offence. Murder in the first degree is an example of an indictable offence.

DIF: Cognitive level: Knowledge a. A collective bargaining team b. A nurses’ association review board c. An appellate court d. A trial court

9. Which of the following is considered an administrative tribunal?

ANS: B

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A Incorrect A collective bargaining team is not a tribunal.

B Correct! This review board would be considered an administrative tribunal. Administrative tribunals are not courts in the strict sense, although the adjudication is based on the respective rights and obligations of the parties who come before them.

C Incorrect An appellate court is an appeals court and is the highest level of provincial court, not a tribunal.

D Incorrect A trial court is a provincial court, not a tribunal.

DIF: Cognitive level: Synthesis a. A new trial with new witnesses will be involved. b. It must be referred to a higher provincial court. c. The matter must be referred to the trial court. d. No new witnesses will be called.

10. Which of the following statements is the most accurate with regard to the impact of an appeal of a judgement to an appellate court?

ANS: D

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A Incorrect There is no new trial in this appeal, only a review of the trial proceedings.

B Incorrect There is no higher provincial court after the appellate court. The matter must be referred to the Supreme Court of Canada, which is the final court of appeal.

C Incorrect Trial courts are provincial courts and are subordinate to the appellate court. The matter must be referred to the Supreme Court of Canada, which is the final court of appeal.

D Correct! In an appeal to an appellate court, there is no new trial, only a review of the trial proceedings. There are no new witnesses called, and new evidence is seldom heard. The appeal ensures no errors of law were made and that findings of fact are based on properly admitted evidence.

DIF: Cognitive level: Analysis a. Statute law and custom law b. Doctrine and statute law c. Civil code and case law d. Case law and statute law

11. What are the two primary sources of common law?

ANS: D

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A Incorrect Custom applies if no other sources of law are available and is not a primary source of law.

B Incorrect Doctrine is a legal opinion that may be considered but is not a primary source of law.

C Incorrect Civil code is not applicable to common law.

D Correct! Statute law (a formal written set of rules) and case law (a collection of legal rules and principles based on precedents) make up the foundation for common law.

DIF: Cognitive level: Comprehension a. The judicial branch, the executive branch, and the legislative branch b. The parliamentary branch, the Supreme Court, and the Commonwealth Doctrine c. The Commonwealth Doctrine, the executive branch, and the judicial branch d. The Court of Appeal, the Queen, and all statute laws

12. Which of the following are the three components of Canada’s government?

ANS: A Feedback

A Correct! The three components of Canada’s government are the judicial branch, or the court system; the executive branch, or the Queen and her ministers, who enforce the law; and the legislative branch, which consists of Parliament and the provincial legislatures.

B Incorrect The Commonwealth Doctrine does not exist.

C Incorrect The Commonwealth Doctrine does not exist.

D Incorrect These are parts of the components, but not the components themselves.

DIF: Cognitive level: Comprehension

TRUE/FALSE

1. Civil law is a component of common law.

ANS: F Feedback

Correct Civil law, which is used in Quebec, is a system of law that is different from the common law system. Civil law is based on formally written, or codified, legal rules and principles. The majority of common law, unlike civil law, is not formally written down or codified. The rules and principles in common law are contained in an extensive body of precedent. Incorrect This is not a true statement.

DIF: Cognitive level: Comprehension

2. A superior court must use, on the basis of common law, the same principles and rules as would an inferior court to decide a case with similar circumstances.

ANS: F Feedback

Correct An inferior court must use, on the basis of common law, the same principles and rules as would a superior court to decide a case with similar circumstances. An inferior court (usually a trial court) is judicially subordinate to a superior court or an appellate (appeal) court in the hierarchical court structure. The superior court sets the precedent. This is known as the doctrine of stare decisis (“to abide by the decision”). Incorrect This is not a true statement.

DIF: Cognitive level: Analysis

3. Provincial or territorial laws, known as “statute laws,” take priority over common law.

ANS: T

Correct Statute laws are passed by Parliament or provincial or territorial legislatures, whereas common law is set by the courts over time. Statute laws take priority over common law and may confirm, clarify, alter, limit, or rescind common law as determined by the courts. Incorrect This statement is true.

DIF: Cognitive level: Comprehension

4. The Parliament of Canada is the only body that can overturn a ruling by the Supreme Court of Canada.

ANS: F Feedback

Correct Parliament cannot appeal a decision made by the Supreme Court of Canada, which is the final interpreter of the meaning and scope of the Constitution and the Charter. Its decisions are final until and unless the law is changed or the Constitution is amended to alter or reverse the Court’s interpretation.

Incorrect Parliament cannot appeal a decision made by the Supreme Court of Canada, which is the final interpreter of the meaning and scope of the Constitution and the Charter. Its decisions are final until and unless the law is changed or the Constitution is amended to alter or reverse the Court’s interpretation.

DIF: Cognitive level: Comprehension

5. Proof beyond a reasonable doubt exists when the judge or jury is satisfied that, based on the evidence, the accused committed the offence, and there is no real or logically compelling reason to believe otherwise.

ANS: T Feedback

Correct This statement is true. Incorrect This statement is true.

DIF: Cognitive level: Comprehension