Midterm Study Guide 3135 Fall 2007

Midterm Study Guide 3135 Fall 2007 - PUBLIC LAW I AS/POLS...

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Unformatted text preview: PUBLIC LAW I AS/POLS 3135 3.0 (F) SECTION A Midterm Study Guide The midterm test in Public Law will consist of three parts. The first part will contain a number of ter ms drawn from the list provided below. You will be asked to define or explain the ter ms (sometimes you might be asked to explain the contrast between two terms). Approximately ten of the ter ms listed below will appear on the test. One to three sentences should suffice for an answer in this part of the test. The second part of the test focuses on the division of powers contained in Secs. 91 to 95 of the Constitution Act, 1867. In the exam you will be provided with a number of legislative subject matters and you will have to identify which level of government is responsible for each of the subject matters. You do not have to memorize the section and subsection numbers of the Constitution Act. Instead focus on the logic behind the division of powers. Finally, the third section will ask you to discuss the case law we have studied to this point. The cases for which you are responsible are: Russell v. the Queen, Parsons, Local Prohibition Case, Re Board of Commerce Act, Snider (Toronto Electric Commission), Employment and Social Insurance Act Reference, and A.G. Ont. v. Canada Temperance Federation. You should know enough of the facts of each case so as to be able to describe the issue at stake, and the reasons that the court gave for their judgments in each case (it is not enough to say who won and what constitutional powers were used to justify the decision. You will have to know the legal reason(s) the court gave for deciding the way it did.) The questions in the third part will be comparative (you will be asked to compare two or more cases) and will require an answer one or more paragraphs in length. You will have choices in the first and third sections of the test. The test period is two hours. Judicial posit ivism Statute of West minster golden rule Natural law Judicial Co mmittee of the Privy Council mischief and remedy Judicial realism Mens rea pure provincial courts Speluncean Explorers Stare decisis Valente decisio n Public law Per incuriam Judicial Independence Private law impugn torts summary convict ion offence ultra vires Commo n law system indictable offence intra vires civil law system per curiam cubby­ho le doctrine primary and subordinate legislat ion Canadian Judicial Council residual clause dual aspect legal persons Canada Act, 1982 Lord Watson ratio decidendi Const itution Act, 1867 National dimensio ns test Crown prerogative reservat ion and disallowance Viscount Haldane POGG Emergency doctrine Manner and form Rules of Recept ion Trade and Commerce obiter dictum Parliamentary Supremacy declaratory power colourable Imperial Statutes Property and civil rights severance Colonial Laws validit y Act concurrent powers reading down Plain meaning rule ...
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