Download Test Item File for Horner, Canadian Law and the Canadian Legal

Test Item File for Horner, Canadian Law and the Canadian Legal System
CHAPTER TWO
The Historical Development of Canada’s Political and Legal Systems
MULTIPLE CHOICE
1. The newly formed Canadian federal government’s policy between 1871 and 1921
towards Aboriginal people was to
a. settle disputes through treaties and tribal agreements.
b. assimilate by removing Aboriginal children from their homes and villages
and place them in residential schools to rid them of their “nativeness.”
c. give the tribes sovereignty and full rights to both Aboriginal title and
rights to land.
d. give full payments to the Aboriginals for any land seized by the British
under the treaty system.
Answer: b
Page: 39
Skill: Knowledge
2. The Royal Proclamation following the signing of the Treaty of Paris in 1763
decreed
a. English criminal law and civil law would henceforth prevail in Quebec.
b. English criminal law and French civil law would prevail in Quebec.
c. French criminal law and civil law would prevail in Quebec.
d. French criminal law and English civil law would prevail in Quebec.
Answer: a
Page: 43
Skill: Knowledge
3. The Quebec Act, 1774 was significant in the fact that
a. Quebec settlers could not retain their system of law, their culture, their
religious practices, and their language.
b. Upper and Lower Canada were united and the French had to dismantle
their civil legal system in favour of the British common law.
c. Quebec settlers could retain their system of law, their culture, their
religious practices, and their language.
d. English judges would be appointed by the Anglophone governor even
though they were not familiar with the French civil law.
Answer: c
Page: 45
Skill: Knowledge
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Test Item File for Horner, Canadian Law and the Canadian Legal System
4. The Roman Catholic Church played an important role in the development of
government and law under the Norman kings. Under William, it led to the
establishment by the Church of ecclesiastical courts wherein the Church’s canon
law was applied to members of the Church. This led to the modern rule that
a. you could choose which court you preferred to be tried in.
b. the French would retain civil law while the English controlled criminal
law.
c. one could be tried in both courts and everyone could be tried more than
once for the same wrong.
d. no one should be tried in both court and no one shall be tried more than
once for the same wrong.
Answer: d
Page: 54
Skill: Knowledge
5. In medieval times, people preferred the royal courts over others because
a. the royal courts tended to use trial by jury whereas others were still using
trial by ordeal and trial by battle.
b. the royal courts tended to use trial by ordeal and trial by battle while the
others were still using trial by jury
c. the ecclesiastical courts where using trial by jury whereas the royal courts
where using trial by ordeal and trial by battle.
d. the royal courts were guided by local customs, religious teachings, and
trial by ordeal.
Answer: a
Page: 56
Skill: Knowledge
6. Eventually, judges began to refer to their previous decisions as evidence of
common law, and they began the practice of following their decisions from
previous, similar cases. This was the beginning of the system of
a. Circuit judges
b. System of precedent
c. Forms of writs
d. Canon law
Answer: c
Page: 57
Skill: Concept
7. The barons wanting to restrict the king’s powers over them and their properties
forced King John to sign the _________________________ in 1215.
a. Bill of Rights
b. Great Reform Act
c. Justinian’s Code
d. Magna Carta
Answer: d
Page: 61
Skill: Knowledge
8. In 1066, William the conqueror created a system of government whereby he
created Common Law. The term Common Law meant
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Test Item File for Horner, Canadian Law and the Canadian Legal System
a. twelve man jury systems with a centralized court referred to as the King’s
court.
b. a decentralized government based on Roman and Barbaric law.
c. decentralized government based on Rule of Law and a written legal
system.
d. the same law across the county whereby the King’s law overrode local
custom.
Answer: d
Page: 49
Skill: Knowledge
9. The first Parliament was set up in Britain in 1275 by King Edward I. In his
parliament he created two chambers which are the
a. Central and Federal government.
b. House of Lords and House of Commons.
c. Senate and House of Commons.
d. King’s Court and Privy Council.
Answer: c
Page: 62
Skill: Concept
10. In 1700 the English introduced the Bill of Rights that stated that the King
a. could suspend laws, raise taxes or call an army without the consent of
Parliament.
b. could not suspend laws, raise taxes or call an army without the consent of
Parliament.
c. could suspend laws, raise taxes or call an army without the consent of the
King’s court.
d. could not suspend laws, raise taxes or call an army without the consent of
circuit court.
Answer: b
Page: 63
Skill: Definition
11. In the 1700s, the king’s power faded and Parliament’s powers grew. The English
judges acknowledged Parliament as the new master and that Parliament’s will was
superior to their own under the principle of _____________________________.
a. Parliamentary supremacy.
b. Rule of Law
c. Common Law
d. Direct Democracy
Answer: b
Page: 63
Skill: Definition
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Test Item File for Horner, Canadian Law and the Canadian Legal System
12. The prime minister and cabinet only maintain their positions as long as they
maintain the
a. confidence of the Privy Council.
b. confidence of the monarchy.
c. control over the House of Lords.
d. confidence of the majority in Parliament.
Answer: d
Page: 65
Skill: Knowledge
13. When courts were established in the Canadian colonies they
a. followed the French framework and drew on English predecessors for
their powers.
b. were governed by self-government and relied on local customs.
c. followed the English framework and drew on English predecessors for
their powers.
d. followed the English and French framework and drew on English and
French predecessors for their powers.
Answer: d
Page: 68
Skill: Knowledge
14. In the British North America Act, 1867
a. Criminal law was in the hands of the Federal government and Civil law
was in the hands of the provinces.
b. Civil law was in the hands of the Federal government and Criminal law
was in the hands of the provinces.
c. Criminal law and Civil law were in the hands of the Federal government.
d. Criminal law was in the hands of the British government and Civil law
was in the hands of the Federal Government.
Answer: a
Page: 70
Skill: Knowledge
15. What provinces were formed under the British North American Act, 1867?
a. Nova Scotia, Newfoundland, Prince Edward Island, New Brunswick,
Ontario, and Quebec.
b. Nova Scotia, New Brunswick, Ontario, and Quebec.
c. Nova Scotia, Newfoundland, Prince Edward Island, New Brunswick, and
Quebec.
d. Nova Scotia, Newfoundland, British Columbia, New Brunswick, Ontario,
and Quebec.
Answer: b
Page: 70
Skill: Knowledge
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Test Item File for Horner, Canadian Law and the Canadian Legal System
SHORT ANSWER
1. Outline the Land-holding system of New France.
New France was based on a feudal model. The king was the ultimate owner
of all the land, and he granted large stripes of land on the St. Lawrence to
seigneurs on condition that they would see to its occupation and
development. The seigneur in turn rented smaller strips out to farmers, the
habitants. The habitants had rights to use the land and could bequeath it to
their children or sell it, provided that they kept up their obligations to the
seigneur.
Page: 42
Skill: Knowledge
2. What was the significance of the Quebec Act, 1774?
This act was significant in that while it maintained British criminal law, it
restored the French civil law of New France, gave official recognition to the
French language and the Catholic religion, and allowed the local people to
participate in the government of the colony.
Page: 44
Skill: Knowledge
3. The last vestiges of outright control by Britain were eradicated only in the last 60
years. What occurred to end their control?
The Judicial Committee of the Privy Council, a British court, was the final
court of appeal for all Canadian matters until 1949, and Great Britain
retained the right to pass laws in relation to Canada until 1982.
Page: 47
Skill: Knowledge
4. In 1763, the British king, George III, issued a Royal Proclamation that concerned
two important matters in the New Word. These were?
The Royal Proclamation decreed that Aboriginal lands that had not already
been transferred to Europeans would be “reserved” for the Indians for their
hunting grounds and could be transferred only to the British Crown. The
Royal Proclamation changed the colony of New France to Quebec and
established a colonial government with an England appointed governor, and
decreed that English criminal law and civil law would prevail in Quebec.
Page: 43
Skill: Knowledge
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Test Item File for Horner, Canadian Law and the Canadian Legal System
5. Explain the offices of the sheriff and the justice of the peace that developed
during Norman times.
The sheriff, originally called the shire reeve, was appointed by the king to
administer a shire. The sheriff would convene the shire court to handle
taxing, disputes and minor problems. The justice of the peace developed
from the appointed knights who traveled on behalf of the king throughout
the kingdom, ensuring that his peace was kept, their pledge was honoured,
and that the hundreds were actively prosecuting offenders.
Page: 53
Skill: Knowledge
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