lwso exam 2

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LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 1. What do we need in order to draw definitive conclusions about whether there are overall trends in the rates of civil litigation?: Better Data 2. Those who favour the _____________ believe that individual freedoms must be protected against the power of the vast resources of the state which has sole power to investigate, prosecute and convict persons accused of crime.: due process model 3. What is necessary for the civil law to recognize a civil case for the purpose of litigation?: Grievable Injury 4. According to your reading, why has there been no civil litigation explosion in Canada comparable to that in the US?: All of the above 5. What does the Sharpe decision on the possession of child pornography in the context of freedom of expression and the artistic merit defence illustrate about the common law tradition of reading criminal laws?: Any ambiguity in the law should favour the accused 6. How do class action suits improve access to justice?: Ability to share a lawyer or a legal team Ability to combine resources into a single claim Ability to pool information 7. According to your reading, what does the 2013 Supreme Court decision in Bedford, dealing with the prostitution law, best illustrate?: The power of courts to shape the content of criminal law 8. Statistical data about civil litigation, including who is winning and losing are very limited because civil jurisdiction is spread across different types of courts, even within a single province. (T/F): True 9. The Liebeck v. McDonald's case illustrates how civil litigation can be abused to coerce blameless multinational corporations into paying large sums of money in compensatory and punitive damages. (T/F): False 10. Even before the passage of the Charter of Rights and Freedoms the courts played a role in shaping the meaning and application of the criminal law through interpretation of the Criminal Code and other criminal law legis- lation. (T/F): True 11. Those who favour the ________________ believe that crime is deterred through harsh punishment and that the vigorous investigation and prosecu- tion of criminal offences protects society from harm.: crime control model 1 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 12. What did Chief Justice Beverley McLachlin make headlines for criticizing in 2007?: High financial cost of seeking justice Low accessibility for the vast majority of Canadians to the justice system Troubling growth of self-represented litigants 13. Which of the following categories of civil dispute have governments chosen to divert out of the regular judicial system?: Discrimination claims Torts involving automobile accidents Another thing -- 14. The Keegstra case is good example of the difficult balancing act courts must engage in when deciding to uphold or strike down a criminal law. Which best describes the judgement in that case?: The judges were badly divided over whether the hate propaganda law was a 'reasonable limit' on the right to free expression 15. Incentives to litigate that exist in the US do not exist in Canada. (T/F): True 16. What is the main barrier to justice in civil disputes for most Canadians?- : High cost of litigation 17. What way best describes how Parliament amended the Criminal Code in 1983 to modernize the law concerning sexual assault?: The prohibited act (actus reus) was broadened to include all intentional applications of force without consent in circumstances that were objectively sexual 18. What does the doctrine of "strict construction" guide?: Interpretation of laws 19. Which question or questions must judges confront in Charter cases where criminal laws are challenged as unconstitutional?: How broadly to define freedom of expression or liberty What justifications can legitimately limit rights (morality, harm, equality community standards) How to rank competing rights and interests 20. Generally speaking, all power over criminal law rests with the federal government. (T/F): True 2 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 21. Those who favour the ______________ believe that the criminal justice system should provide ________ with a stronger role in the criminal trial process.: victims' rights model; victims 22. In Canada, victims are given the right to participate in sentencing pro- ceedings by presenting a victim impact statement and judges are required to consider these statements in issuing a sentence. (T/F): True 23. What does the Morgentaler case example discussed in chapter nine of your textbook reveal about the nature of the courts in Canada?: That courts have much more power to shape the substance of criminal law since the passage of the Charter 24. Disputes between private actors are governed by statutes and common law rules created by public authorities and are frequently enforced by state officials. (T/F): True 25. Generally speaking, the responsibility for enforcing the criminal law rests with the provinces/territories. (T/F): True 26. Why did the government pass the rape shield provisions of the Criminal Code into legislation in 1983?: To prevent cross-examination by the defence on a complainant's past sexual history during a sexual assault trial To restrict the use of evidence of a complainant's previous sexual activity To prevent a complainant's past sexual history or 'reputation' from being used to challenge her credibility 27. In order for an interest group to bring a case directly to court on their own, what must they establish?: A serious issue is at stake Their group has a genuine interest in the issue There is no other reasonable or effective method for bringing the issue before the courts 28. Why did the Canadian Civil Liberties Association (CCLA) intervene in the companion cases of R. v. Seaboyer and R. v. Gayme [1991]?: The due process rights and freedoms of Canadian citizens were threatened by the rape shield provisions 3 / 18

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LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 29. Which of the following best explains why interest groups present legal briefs and oral arguments in court and refrain from lobbying individual judges?: To maintain judicial independence 30. What does the 'political disadvantage theory' suggest?: Interest groups litigate because they are unable to penetrate other branches of government 31. Many commentators have suggested that the political disadvantage the- ory does not provide a completely accurate description of Canadian group litigation because:: Groups that litigate most often are politically advantaged Litigation requires considerable financial resources 32. What advantages does Strayer cite in relation to the reference proce- dure?: Issues that might not come to the court through litigation can be heard It is quicker than litigation allowing governments to get reasonably quick answers to legal questions it helps to clarify matters pertaining to government authority over pressing issues such as control of natural resources 33. A political advantage of reference cases is 'position legitimization' be- cause courts enjoy greater public support than elected governments (T/F): - True 34. What is an important ramification of the high government success rate in courts?: Citizens wishing to challenge their governments through litigation may be disadvantaged 35. According to the party capability theory, the judicial system favours:: Re- peat players Well resourced "haves" who litigate frequently 36. Which of the following best describes why governments are taken to court?: For violating the Constitution 37. What best describes why an interest group would undertake costly and time-consuming strategic litigation?: To achieve a policy goal 38. What best describes a reason for the 'principle of prosecutorial indepen- dence'?: To prevent miscarriages of justice 4 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 39. A political advantage of reference cases is 'buck-passing' or transferring political responsibility to the courts on matters that are politically divisive or unpopular. (T/F): True 40. Which of the following best defines an interest group?: An organization of like-minded individuals who seek to influence policy through litigation or legislation 41. The most common way that interest groups seek to have direct influence over policy is through:: Sponsorship of strategic litigation of actual cases 42. Evidence suggests that governments carefully consider their decision about whether or not to appeal cases to the Supreme Court, and do so only when:: The public interest requires it 43. According to Charles Epp (1998), through their litigation, organized inter- est groups have contributed to:: a rights revolution 44. The Court Challenges Program was created in 1994 to:: Provide financial assistance for important court cases that advance language and equality rights 45. What is the most common reason that governments appear in courts?: - Prosecution of offenders 46. Under what circumstances can a government appeal a case?: When a case raises an issue of widespread importance When a lower court differed in its reasons The decision could threaten the administration of government policy There are public expressions of concern 47. What does the Chicken and Egg Reference tell us about the advantages of the reference procedure?: It allows governments a measure of control over the factual basis on which the case is decided 48. What is LEAF's mandate designed to achieve?: To indirectly shape policy by changing public opinion To shape the way in which judges interpret the law To influence how the legal community evaluates judicial decisions 49. Why might a government see "losing as winning"?: They want to change the law and avoid political responsibility - they want the court to make the change. 5 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk They want to silence dissent or criticism within cabinet, caucus or society They want to prevent or delay an issue from reaching the Supreme Court 50. Why do governments use the reference procedure?: It gives governments control over the factual basis on which a case is decided. It gives governments the power to frame issues sent to the court as they wish. It gives governments the ability to challenge the constitutional authority of the other level of government. 51. In Canada, what is required for judges to be impartial?: Independence 52. Judicial impartiality refers to the objective (or external) institutional rela- tions between courts and other actors. (T/F): False 53. Impartiality refers to a subjective frame of mind that is achieved through institutional relations between courts and other actors in government. (T/F)- : True 54. What does judicial independence require?: Job security Financial security Administrative control 55. A ________ threat to judicial independence exists when the government tries to influence the decision-making of sitting judges, and can back up its efforts with some form of sanction or punishment.: Direct 56. Social context education, which is concerned with sexism, racism, and other forms of discrimination, poses an indirect threat to judicial indepen- dence. (T/F): True 57. Friedland (1995) argued that the judicial selection process may pose an indirect threat to judicial independence when governments appoint lower quality judges or make overt patronage appointments. (T/F): True 58. According to Patricia Hughes (2001) public criticism of judicial decisions by politicians and in the media designed to achieve influence over the judicial decision-making has a corrosive effect on judicial independence. (T/F): TRUE 59. What was the justification for Judge Andre Ruffo's removal from the bench?: Violating Québec's Judicial Code of Ethics 6 / 18

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LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 60. Provincial judicial councils are empowered with a range of disciplinary tools short of recommending removal including warnings, reprimands, sus- pension with or without pay, ordering apologies to complainants, or requiring judges to receive education or treatment. (T/F): True 61. What is the purpose of financial security for judges?: Insulate them from financial pressures Insulate them from arbitrary reductions in salary by government Limit judicial susceptibility to bribery by private parties 62. According to your textbook, it was not until 1981 that an amendment to the Judges Act established automatic annual increases tied to the composite price index with a guaranteed annual raise of 7 per cent. (T/F): TRUE 63. Beauregard v. Canada (1986) established that the federal government is entirely responsible for the cost of federally appointed judges' pension funds on the grounds that Parliament is exclusively responsible for 'Salaries, Allowances, and Pensions" under s. 100 of the Constitution. (T/F): FALSE 64. With respect to the administration of the courts, there is an inherent conflict when the courts are run by the department that is the chief litigator before the courts (i.e. the government). (T/F): TRUE 65. In Valente the Supreme Court held that a minimum requirement for "col- lective" or institutional independence of the judiciary is judicial control over the assignment of judges to cases, sittings of the court, court lists, allocation of court rooms, and the direction of administrative staff engaged in carrying out these functions. (T/F): TRUE 66. Politicians can be fired for contacting judges directly regarding cases over which they are presiding. (T/F): FALSE 67. Peter Russell (1987) argued that reference cases may violate judicial independence because it blurs the separation of powers between the judicial and executive branches because it forces the judiciary to hear cases at the executive's request. (T/F): TRUE 68. Judicial independence is understood by political scientists as both rela- tional and behavioural concepts. (T/F): TRUE 69. A lack of institutional protections that foster autonomous behaviour on the part of judges may undermine judicial independence. (T/F): FALSE 7 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 70. Judicial independence in a democratic state is commonly held to require that judicial salaries are set by the government for the entire group of judges, not for individual judges. (T/F): TRUE 71. R. v. Askov [1990] illustrated which problem with respect to trial delay?- : The misuse and misunderstanding of social-fact evidence 72. R. v. Askov [1990] best illustrates which model of judicial process?: Poli- cy-making 73. The general requirement that one must be a party to a legal dispute to have a case heard in court is called:: Standing 74. Social (legislative) facts concerned with social contexts and the causes and effects of public policies can enter the judicial process by three primary methods:: Judicial notice, expert witnesses and factums 75. The 3 models of judicial process in the common law system are:: Adju- dicative, policy-making, problem-solving 76. Provincial appellate court judges are appointed and paid for by the federal government. (T/F): TRUE 77. The Supreme Court generally encourages the use of social facts in Charter cases, however getting social facts into court is still no guarantee they will be properly understood. (T/F): TRUE 78. The Askov [1990] decision illustrates which of the following important and related features of the policy-making and decision-making models?: Fo- cus on the creation of rules to govern future behaviour Less attention paid to immediate dispute between 2 parties Attempt to balance competing interests when creating policy 79. The main function of specialized courts is to:: Address underlying social issues through problem-solving 80. At issue in the case Marshall v. The Queen, 1999(a), was the question of:: The court's interpretation of Treaties Whether Marshall possessed a treaty right to catch and sell fish Whether the trade clause in 1760-1 treaties granted any rights whatsoever 8 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 81. Which of the following characterizes the Canadian court system?: Federal but unified court system Hierarchical Different but overlapping functions Multiple legal systems and bodies of law 82. Another way of introducing social fact evidence into a case is through the submission of factums (sometimes called "Brandeis briefs") and is more common at the appellate level than at the trial level. (T/F): TRUE 83. Subject matter jurisdiction refers to:: The set of legal issues heard in that court (e.g. criminal, civil, or administrative law) 84. A court's resolution of a dispute often, if not always, has wider societal implications suggesting that fact-finding or the application of rules is not the only role played by the judicial system. (T/F): TRUE 85. The two most prominent forms of alternative dispute resolution are me- diation and arbitration, but there are various hybrids and variations of those two methods. (T/F): TRUE 86. Expert witnesses are commonly used to present scientific and social scientific data at the trial level, and their testimony constitutes and exception to the hearsay rule. (T/F): TRUE 87. The adjudicative model of court has which of the following character- istics with respect to access to courts?: Strict rules of standing, mootness, ripeness and political questions 88. Which of the following describes section 92 provincial courts?: Front line of judicial system Handle most of the cases Court of first instance (original jurisdiction) Distinct from administrative tribunals 89. Section 101 courts have unlimited territorial jurisdiction, hierarchical jurisdiction, while only the Supreme Court has jurisdiction over 'references.' (T/F): TRUE 9 / 18

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LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 90. The authors of your textbook argue that disputes and negotiations over court jurisdiction between the federal and provincial governments are driven in no small measure by political considerations. (T/F): TRUE 91. Jurisdiction refers to the responsibilities of the court, or what matters it is authorized to hear. (T/F): TRUE 92. Judges at the appellate court level are more likely than trial court judges to be required to develop the law rather than simply apply the rules to the facts of a case. (T/F): TRUE 93. Hierarchical jurisdiction refers to:: The court's rank in the judicial system 94. The policy-making model of judicial process has which of the following characteristics with respect to access to courts?: Liberalized rules of standing, mootness, ripeness and political questions 95. What did the Ontario Court of Appeal recognize in Jones v. Tsige (2012)?- : A common law tort for invasion of privacy 96. The new institutionalist approach to law and courts demonstrates that:- : Law is the product of political and socio-economic forces. Laws privilege certain groups or ideas above others Laws can influence strategies and shape attitudes and goals of actors in the political process The introduction of new laws such as the Charter have transformed Canada's political culture to put a greater emphasis on rights for individuals and groups in society 97. Which philosophical perspective on the nature of law includes the idea that law is a body of rules distinct from customs or conventions?: Legal positivism 98. In Canada privacy is protected under which area of law?: Administrative law Criminal law The Civil Code of Quebec Torts 10 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 99. The difficulty in relying upon religion to create systems of law and gov- ernment is that:: Differences in personal beliefs surrounding things like marriage, divorce, and customary practices among different religious groups would render reliance on one religion discriminatory. The imposition of one particular religious belief system would lead to extreme political controversy making it difficult to govern a nation while maintaining peace. It would limit religious freedom 100. A country in which law must be made publicly accessible before it's enforcement, cannot be enforced retroactively, and must be applied by fair and impartial judges is:: Governing itself according to the rule of law 101. Canada's Constitution gives Quebec and all the provinces substantial control over matters that are governed by private law. (T/F): (T/F) 102. According to legal positivism:: We must distinguish between what law is and what it ought to be. Law is a body of rules, enacted and applied by public officials, who are subject to the law which is backed by the force of the state 103. According to feminist legal scholars:: Law has been instrumental in women's historical subordination Law can be reworked to change women's unequal status in society 104. What type of law governs relationships and disputes involving the state?: Public Law 105. Contemporary natural law theorists, such as Lon Fuller (1969), argued that legal systems based on the four characteristics set out by legal pos- itivists would also have to abide by what?: Certain procedures of justice or fairness to be considered legitimate. Lack validity if it did not comply with the rule of law 106. Why did the legal positivists seek to sever valid law from morality as contemplated by the natural law theorists?: The difficulty in finding agreement on what should count as 'moral' 11 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 107. Why does Quebec, unlike any other province, use the civil law to govern such private law areas such as family law, torts, and commercial law?: Owing to its legacy as a former French colony 108. What school of legal philosophy accepts that laws passed by the sov- ereign create legal obligations to follow them, but they suggest that to the extent that a law fails to advance the common good (as defined by practical reason), citizens or subjects of the law are not fully obligated to follow the law.: Neo-classical natural law 109. The rule of law is one in which the law is:: A body of rules enacted and applied by public officials in a legitimate manner Backed by the force of the state Every person is considered equal before the law Government officials must act according to the law 110. What legal rule states that a person can only be charged with a homicide offence for killing a child after they have become a human being?: The born alive rule 111. When Canada patriated its Constitution from Britain in 1982 the highest profile change(s) was/were:: The introduction of the Charter of Rights and Free- doms The Constitution Act, 1982 is a landmark document in Canadian history. It achieved full independence for Canada by allowing the country to change its Constitution without approval from Britain. 112. Both legal realists and critical legal studies share the assumption(s) that:: Law is contingent Law is influenced by political and socio-economic factors Law may reflect the interests of the powerful 113. What type of law governs relationships and disputes between individu- als, groups, and corporate entities?: Private law 114. Which philosophical perspective on the nature of law includes the idea that legal rules developed according to specified procedures by government actors can be distinguished from rules or orders developed by terrorists, 12 / 18

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LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk criminal gangs, or other groups not recognized has having the authority to make rules for a political community?: Legal positivism 115. Like the legal realists, new institutionalists agree that attitudes and pref- erences of individual judges can influence their decisions but that decisions are also shaped by institutional rules and norms that shape and constrain or limit decision-making for political or personal gain. (T/F): TRUE 116. Ronald Dworkin argued that:: Judges are obligated to make decisions according to rights based on principles found in legal traditions Judges interpret the law using universal moral principles that underlie a communi- ty's institutions The outcome in Riggs v. Palmer (1889) would not have been contemplated under a legal positivist view that laws are simply rules passed by the sovereign 117. We sometimes say that international law is not law because there is no world power to induce or force a country to abide by international law. (T/F): TRUE 118. Classical natural law theory held that for law to be valid it had to be:: Morally permissible Just 119. In the _________ law system, judges have always had an integral role in gathering and testing evidence, participating in criminal investigations, facilitating the exchange of documents, and asking questions of witnesses during proceedings.: Civil 120. Because Canada's currently unelected and nearly untouchable judges have begun to adopt a more policy-making role post-Charter, they should not be held more accountable for their decisions. (T/F): FALSE 121. Which approach(s) to judicial decision-making do not emphasize the importance of legal factors?: Policy-making and problem-solving models 122. The doctrine of _____________ is concerned with whether a dispute has had enough time to develop a sufficient legal and factual foundation.- : Ripeness 123. What landmark case established that the Constitution should be seen as capable of growth and expansion within its natural limits?: Henrietta Edwards v. Attorney General of Canada 13 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 124. Classical natural law theory held that for law to be valid it had to be:: Discoverable in the natural order through God or reason 125. In Canada we do not place more political value and emphasis on judicial independence than judicial accountability. (T/F): FALSE 126. ______________ facts are concerned with social contexts and the caus- es and effects of public policies.: Social (legislative) 127. The Canadian judiciary has moved closer to the policy-making model by making it generally easier for individuals and organizations to challenge laws and government policy than under the adjudication-of-disputes model (T/F): TRUE 128. The principle of parliamentary supremacy did not establish that laws passed by Parliament would trump common law made by judges if there was a conflict between the two. (T/F): FALSE 129. What specific changes to the judicial appointments process adopted by the Liberal government in 2016 were designed to make the selection process more transparent?: Mandatory public reporting of the number of applicants and appointees from demographics historically under-represented on the bench 130. Advocates for a prohibitionist approach to drug policy call for less funding for health, prevention, and treatment centres to reduce the harms of illicit drug use in favour of increased legal sanctions, and more funding for police. (T/F): TRUE 131. Proponents claim that ADR is more efficient and economical than lit- igation, gives more control over the process to the parties, and allows for greater privacy. (T/F): TRUE 132. _____________ has long been a popular method of resolving labour disputes.: Arbitration 133. The degree to which non-legal factors influence decision-making: Is a question that concerns the new institutionalists Has consequences for the intersection of law, politics and judicial process Causes concerns about the ideological leanings of judicial appointees to the Supreme Court 134. A concurring opinion is written by a justice who disagrees with the outcome of a case but not with the reasoning used by the majority to reach that outcome. (T/F): FALSE 14 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 135. What do scholars of public policy study?: How policy is formulated How and issue is framed How well the policy is implemented 136. According to legal positivism the law must not do which of the follow- ing?: Be attentive to the moral principles that underlie a community's institutions 137. How have governments tried to limit judicial oversight of various admin- istrative tribunals by denying or eliminating judicial review in administrative decisions?: Through the use of a privative clause 138. Feminist legal theorists disagree with critical legal studies scholars that legal concepts such as 'reasonableness' have been interpreted and applied by judges in ways that reflect and reinforce classist and sexist assumptions. (T/F): FALSE 139. The main influences or determinants of judicial decision-making are:: - Legal factors, policy preferences, role orientations, personal attributes, inside and outside influences 140. The power of international law lies in its ability to ensure that states com- ply with the law through effective enforcement mechanisms.: A policy-making model of decision making 141. ______________ facts are concerned with who did what to whom, when, and with what motive and intent.: Adjudicative (historical) 142. Private law does not govern relationships and disputes involving the state. (T/F): TRUE 143. The requirement that one must be a party to a legal dispute in order to have a case heard in court is called ______________.: Standing 144. The policy-making mode of reasoning of judicial decision-making re- sembles that of legislative and executive actors in the political system. (T/F): TRUE 145. Politics is not concerned with how authoritative decisions are made. (T/F): FALSE 146. Politics is about creating rules through legislation that have associated economic, social, environmental and moral consequences. (T/F): TRUE 147. Which doctrine holds that Constitutions mean what their drafters said they meant, and don't change with the times?: Originalism 15 / 18

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LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 148. Of the various ADR processes that involve third-party resolution of a dispute, __________ differs the most from traditional court adjudication.: - Mediation 149. Recent changes to the judicial selection process are designed to:: En- hance the quality of the bench Ensure the judiciary is representative Limit political patronage Ensure confidence in an independent judiciary 150. Ronald Dworkin did not argue that:: When making decisions judges are not obligated to do so according to rights based principles found in legal traditions. 151. One of the ways that governments can get around the screening com- mittees is to promote judges from a lower court to a higher court. (T/F): TRUE 152. What is not an overarching goal of Canada's judicial selection process?- : Accountability 153. Public law does not govern relationships and disputes between individ- uals, groups, and corporate entities. (T/F): TRUE 154. Critics of the diversity objective in hiring judges argue that it runs counter to ____________ and amounts to ____________.: Recruitment based on merit; reverse discrimination 155. Trying to help the parties resolve their dispute is not a typical function of a judge in the adjudicative model. (T/F): TRUE 156. In Jones v. Tsige (2012) The Ontario Court of Appeal recognized what common law tort?: Invasion of Privacy Tort 157. Critics of the prohibitionist approach to drug policy argue that too much money is spent on policing and prisons and that outlawing drugs creates a black market that contributes to gang violence. (T/F): TRUE 158. According to Acadia University professor Erin Crandall, who studies the judiciary, the key to transforming a judiciary that, historically, has tended to be made up of white men is to do what?: Get students from more under-repre- sented demographics into law schools 159. Which approach to judicial decision-making puts less emphasis on the importance of social facts?: Traditional/adjudicative model 16 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 160. The creation of new legal rules by judges is legitimate according to the adjudicative model only if it is done incrementally and is based on accepted legal principles in an attempt to resolve a dispute between two parties. (T/F): TRUE 161. 2016 marked the first year that more women than men were appointed to the bench. (T/F): TRUE 162. What is the overarching goal of Canada's judicial selection process?: - Impartiality 163. The British Columbia Privacy Act prohibits eavesdropping and surveil- lance as a tort in privacy law unless consent is given or if a matter was published in the "public interest." (T/F): TRUE 164. Accepting religion as the basis upon which to create systems of law and government results in:: Prioritizing certain religious belief systems over universal secular belief systems 165. In Canada, when judges defer to Parliament's primary role as lawmaker and are reluctant to find fault with a government's choice this is knows as:: Judicial conservativism 166. Which political value best represents the statement that judges have to be placed in a position where they have nothing to lose by doing what is right and nothing to gain by doing what is wrong?: Judicial Independence 167. If the underlying issue is one that will likely reappear before the courts, then that favours hearing and deciding the issue, especially if the issue tends to evade appellate review. (T/F): TRUE 168. A country in which law must not be made publicly accessible before it's enforcement, is enforced retroactively, and is not applied by fair and impartial judges is:: Not governing itself according to the rule of law A totalitarian state More likely to be corrupt and allow politicians to use the law to achieve their own objectives 169. Public policy decisions about what problems to tackle and how to try and solve them have nothing to do with analyzing "who gets what when and how" or the "authoritative allocation of values." (T/F): FALSE 170. ___________ is about who gets what, when and how.: Politics 17 / 18

LWSO 201 Final Exam Study online at https://quizlet.com/_9yrqmk 171. Religious legal systems differ from the common law and civil law sys- tems because:: They depend upon religious authorities to enforce the rules The rules are developed only by religious authorities They depend upon divine law as set out in religious texts for their source of law 172. The most prominent manifestation of the trend towards a problem-solv- ing approach to justice in the court room is the rise of _____________ courts.: specialized 173. In the Supreme Court of Canada case M. v. H [1999] dealing with the question of the definition of 'spouse' in Ontario's Family Law Act illustrates the court's rejection of which model(s) of judicial decision-making?: Adju- dicative and problem-solving models 18 / 18

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