Chapter 2 Questions

1) Jurisprudence is derived from the latin “juris” meaning knowledge. Jurisprudence refers to the science or philosophy of law. It is important because expanding the study of law to include the study of legal principles, concepts and theories leads to a better understanding of law.

2) Bylaw may have been implemented in keeping with the expectation at the time that women dress modestly, especially in public places such as swimming pools.

2b) At the time, some municipalities were probably not responsible for street sweeping and cleaning. Homeowners were also expected to keep streets/ sidewalks clean. Also, homes had no indoor toilets at that time, nor were there adequate sewage systems, so waste would have been thrown on the street. Bylaw may have been enacted to ensure streets were cleaned up early in the morning before people walked by early in the day.

2c) A bylaw prohibiting spitting in public places, a public health issue may have been in response to outbreaks of disease or to complaints from people

2d) Bylaw was in response to out of control pigs when farmers took them to the market. Confining the pigs to vehicles to ensure they did not get lost or wander the streets.

2e) Possibly, people were giving moose beer, and the drunken moose cause damage to property

2f) This bylaw may have been enacted because flower shop owners, who paid property tax, complained that street vendors, who did not have to pay tax, were taking away from their business.

3) The prayer tells us that Canada’s values and beliefs are still very much influence by religion and British values as evidenced by the reference to “almighty God”. The inclusion of the words “freedom, opportunity and peace reflect the importance Canadians place on such values. Reference to governor general reflects our acceptance of tradition and hierarchy.

Page 53 # Ultra vires is a latin term meaning “outside its power” or outside its jurisdiction. Eg. Federal and provincial responsibilities on criminal law.

2) a) Ten Commandments- primary law b) Presumption of innocence- secondary law c) BNA Act secondary law d) Consumer Protection Act- secondary law

3. Examples of statute law: Federal- Criminal code, Youth Criminal justice Act Provincial- Highway Traffic Act, Safe Streets Act Municipal- Smoking By laws

4. In Canada the authority to make law resides in the BNA Act, 1867 and the Constitution Act, 1982 which outline the responsibilities of each level of government.

6. Judges do not make la. It is governments role to make law. Judges merely interpret existing law. Our elected reps. pass all statutes. For example, if the government passes a law such as the Safe Streets Act, a person convicted under this law may claim that the law violates his right to freedom of expression under Charter or Rights and Freedoms. Judge decides if one violates the other. But both laws are enacted by parliament.

Page 63 # 1-5 1) Civil law can mean private law, law that regulates disputes between individuals. Civil law can include property, family or tort law. It can also refer to law that is written down or codified. Common law can mean law that is common to all, law that comes from England, and law that is based on the decisions of judges (case law)

2) The present day equivalents would be: a) Court of the exchequer- Federal or Tax Court b) Court of common pleas- Civil court c) Court of the Kings Bench- Criminal Court

3a) Judicial authority lies with the crown as evidenced in the courts where cases are referred to as “R. v accused” with “R” standing for Regina (Latin for Queen). Attorneys in Canada are referred to as Crown Attorneys

3b) If Canada abolished all ties to the British monarchy, judicial authority would lie with the state or government.

4) A jury must be independent of the state because its members must be free to reach an independent verdict based on the evidence presented rather than on either fear of punishment from the state or desire for a reward from the state.

Adversarial Adversarial Judges role limited Judges role limited Accused can remain silent Accused can remain silent Accused is presumed innocent Accused is presumed innocent Burden of proof on crown Burden of proof on crown Accused has many rights Accused has many rights Inquisitorial Inquisitorial Judge can ask the accused questions Judge can ask the accused questions Accused must answer questions from lawyers Accused must answer questions from lawyers Accused may not be presumed innocent Accused may not be presumed innocent Burden is on him to prove innocence Burden is on him to prove innocence

Similarities Adversarial and Inquisitorial Similarities Adversarial and Inquisitorial Both systems can have a judge or juries Both systems can have a judge or juries Judge can ask questions Judge can ask questions Both sides seek the truth Both sides seek the truth

p. 68 # Substantive law is the body of law described in our statutes (Highway Control Act, Criminal Code) and judicial decisions Substantive law is the body of law described in our statutes (Highway Control Act, Criminal Code) and judicial decisions Example of substantive law would be the definition of murder in the Criminal Code Example of substantive law would be the definition of murder in the Criminal Code Procedural law refers to how the law should be carried out, such as how a trial should be conducted, how an arrest should be made etc. Procedural law refers to how the law should be carried out, such as how a trial should be conducted, how an arrest should be made etc.

3. In a criminal case, the burden of proof rests with the crown and is based on the principle of a reasonable doubt In a criminal case, the burden of proof rests with the crown and is based on the principle of a reasonable doubt 9eYmdM&feature=player_embedded 9eYmdM&feature=player_embedded 9eYmdM&feature=player_embedded 9eYmdM&feature=player_embedded In a civil case, proof is based on a balance of probabilities In a civil case, proof is based on a balance of probabilities

4. Three examples of administrative law Three examples of administrative law A worker injured on the job applies for adjudication to the Worker’s Compensation Board A worker injured on the job applies for adjudication to the Worker’s Compensation Board A refugee claimant appeals to a refugee tribunal A refugee claimant appeals to a refugee tribunal A tenant who has been evicted may appeal to the Landlord and Tenant Tribunal A tenant who has been evicted may appeal to the Landlord and Tenant Tribunal

5a) French authorities should be able to convict the man because he deliberately went to Thailand to circumvent the law. 5b) There would be major problems finding witnesses, gathering evidence, and determining venues for a trial. Another issue is if another countries laws are harsh. For ex., if a precedent were set that a country could prosecute a citizen violated laws outside its borders, problems could arise Eg. Saudi citizen living in Canada who consumed alcohol here could be arrested when returning to Saudi Arabia because it is against the law