York College, CUNY

STRATEGIC 68798

Chapter 2

1)Why is it important for businesses to have a solid knowledge of the Canadian legal system and the constitutional law that governs it?

2. Identify the source of law that is considered to be supreme in Canada and explain the role this law plays in the Canadian legal system.

3. Identify the three branches of Canadian law.

4. Discuss the concept of jurisdiction.

5. What is meant by the term “exclusive jurisdiction”? Provide an example of a type of law that falls within the exclusive jurisdiction of the federal government.

6. What is meant by the term “concurrent jurisdiction”? Provide an example of an area of law that falls concurrently within the federal and provincial law-making jurisdictions.

7. How are provincial governments constrained from creating legislation that will conflict with federal legislation in an area of concurrent jurisdiction?

8. How do municipalities affect business operations?

9. Identify the areas of business that are affected by federal legislation.

10. Who makes up the formal executive branch of government and what role does the formal executive play in the legislative process?

11. Discuss the Cabinet.

12. Outline the levels of courts in Canada.

13. Does every commercial litigant have the right to have their case heard in the Supreme Court of Canada? Explain.

14. Outline the fundamental freedoms contained in the Charter.

15. On what grounds does the Charter explicitly prohibit discrimination?

16. Explain how government can limit Charter rights or freedoms.

17. In what way does the Charter provide protection from improper or oppressive government conduct at the federal level?

18. Where does the Supreme Court derive is power to strike down legislation?

19. Contrast the Charter with provincial human rights codes?

20. Explain the significance of section 33 of the Charter.

21. How does Madam Justice Wilson of the Supreme Court of Canada describe the role of the judiciary with regard to its ability to strike down legislation?

22. What are the four sources of law in Canada? Page 38: The four sources of law are:

23. What are the rules governing the application of precedent?

24. What is the key principle of precedent?

25. What are the rules governing the priority given to precedents issued from the various levels of the courts in the Canadian legal system?

26. Explain the concept of Equity.

27. Explain how laws can be organized in categories of domestic or international;    substantive or procedural; public or private; common or civil.