Law and the Judicial System – Study 6

Law in general terms can be described as the expressed will of a society governing relationships among members of that society.

The two most basic categories of law are: substantive and procedural.

Substantive law: consists of the rights and duties of individuals e.g. to vote and obey laws.

Procedural law deals with the methods used to protect and enforce these rights and duties.

Substantive rules are divided into public and private law.

• Public law is concerned with the conduct of the government with private individuals and corporations.

Sub-categories of this field would be: constitutional, criminal and administrative.  

• Private law is concerned with the relations between private persons and/or legal entities.

Systems of Law

Common law is found in all provinces or territories except Quebec. It is unwritten law based on the rule of precedent. Precedent requires that all decisions be reached based on previous similar court cases (case law).  Judge made law is when a judge must make a decision for which there is no precedent.

The Civil Code of Quebec is codified law. The code was enacted by the Quebec legislature. Cases are decided based upon the interpretation of the appropriate article in the Civil Code. Courts will consider how the article has been interpreted in the past. But are not bound by it.

The difference between the two systems is how the law is applied but the end results will usually be the same or very similar.

Statute Law is written law that will override any common law on a particular issue. Statutes or acts are enacted by federal and provincial legislatures. Three purposes of statutes are;

• To provide government control where it is in the publics’ best interest e.g. criminal code of Canada.
• To clarify existing laws into one document e.g. sale of goods act.
• To change outdated existing laws e.g. changes in the legal speed limit.

The Constitution Act sets jurisdiction for federal and provincial governments. Insurance acts are provincial which means there is little uniformity between the provinces.

There are two court systems in Canada the federal and provincial court systems.

Provincial Court System	Federal Court System
Supreme or Superior Court Trial and appeal divisions County or District Courts Provincial Courts (small claims, family, youth and criminal)	Supreme Court of Canada The final court of appeal. Permission required. Federal Court of Canada Matters of federal jurisdiction.

Civil law is based on the fact that all individuals have obligations toward one another. These obligations can be imposed by society (tort) or assumed voluntarily (contract). Insurance is mainly concerned with civil law.

A tort is a civil wrong other than breach of contract. E.g. intentionally or accidently damaging someone else’s property.

Sample Exam Questions – Principles & Practices

Multiple Choice

December 2001

1. Substantive law
1. deals with the rights of corporations
2. establishes the rights and duties of individuals
3. protects and enforces the rights and duties of individuals
4. regulates the important or “substantial” aspects of life in society

2. Common law
1. cannot be overridden by statute law
2. is a system of laws enacted by all provincial legislatures (except Quebec) so that there can be a common legal basis in Canada
3. is of historical interest only as a guideline regarding past legal decisions
4. is based on the rule of precedent

3. The Civil Code of Quebec is
1. a type of statute law
2. related to peace and good order in Quebec
3. the body of law related to civil government in Quebec
4. the law of precedent as applied in Quebec

4. One purpose of statute law is to
1. bring together and clarify existing laws
2. update Civil Code provisions
3. enact changes to the charter of rights
4. provide new laws to override ambiguous Common law precedents or Civil Code articles

Multiple Choice

July 2001

5. Which of the following is NOT a true statement?
1. Law, in general terms can be described as the expressed will of a society governing relationships among members of that society.
2. The citizens of all provinces in Canada are subject to criminal law as set out in the criminal code.
3. Substantive law consists of the rights and obligations that each person has in society.
4. The law is only concerned with legal actions carried forward by the government.

6. Common Law
1. applies worldwide
2. deals with law as it applies to individuals but not to corporations or governments.
3. Is also referred to a case law
4. Provides penalties for person who transgress its rules.

7. A precedent is a
1. legal decision given in a prior case that could be persuasive as to the decision to be given in a current case.
2. Legal decision that must be rendered by a court prior to the legal payment of damages.
3. Legal procedure that must precede the commencement of a legal action
4. Statutory rule that must be followed in all cases

8. The Civil Code of Quebec is
1. a system of laws enacted by the National Assembly of Quebec
2. the law of precedent in Quebec
3. The Quebec equivalent of the Common Law
4. The Quebec equivalent of the Criminal Code

9. Which of the following is NOT true of Statute Law? It is enacted to
1. change existing laws that no longer suit the community adequately.
2. Clarify existing common law
3. Change existing laws if doing so is in the interest of the general public.
4. Provide government control over all activities of citizens and corporations.

April 2001

10. Common Law
1. applies across Canada
2. consists of Statute law
3. is often referred to as Case Law
4. is written law

11. A precedent is
1. a legal decision serving as an authoritative rule in future similar cases
2. an act of legislature declaring, commanding or prohibiting something
3. the equivalent of a statute
4. written law

12. When judges in Quebec try a case, they ascertain which article of the Civil Code applies to that case, and then,
1. are bound to follow the decisions made by judges of equal or higher authority
2. follow the decisions of other judges with regard to that article
3. make their decision based on that article
4. need only determine the appropriate fine, restitution or punishment required

13. Which of the following is NOT true of Statute Law?
1. It cannot override common law dealing with the same point
2. It is used to change existing law when the latter no longer serves in society
3. It is used to clarify existing law.
4. It is written law.

December 2000

14. Substantive law
1. deals with the rights of corporations.
2. Establishes the rights and duties of individuals
3. Protects and enforces the rights and duties of individuals
4. Regulates the important or “substantial” aspects of life in society.

15. The purpose of statutes is to
1. bring together and clarify existing laws.
2. Change outdated Common Law or Civil Code provisions
3. Enact changes to the charter of rights
4. Provide new laws to override ambiguous Common Law precedents or Civil Code articles.

July 2000

16. The Civil Code of Quebec:
1. is the only law that applies in Quebec
2. takes precedence over any statute law.
3. Is a comprehensive system of private law enacted by the Quebec National Assembly
4. relates only to the powers of civic (or municipal) government in the province of Quebec.

Essay Questions

July 2001

1. Briefly explain what is meant by each of the following
1. Common Law (6 marks)
2. Procedural Law (2 marks)
3. Public Law (6 marks)
4. Statute Law (6 marks)

April 2001

1. (a) Because of Canada’s varied historical origins, two systems of law operate side by side. Explain the

the origin of the TWO (2) legal systems and contrast the ways in which they operate and reach decisions. (14 marks)

1. Using examples, describe TWO (2) purposes of Statute Law.  (6 marks)

April 2000

2. (a) Canada has two legal systems which operate side-by-side.  Explain the origins of these TWO (2)    legal systems , and contrast the ways in which they operate and reach decisions. (12 marks)

1. Describe the role of the Supreme Court of Canada and the types of cases and issues that is happens. (8  marks)