Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

Copyright © 2019 Nelson Education Ltd. 1-1

CHAPTER 1

The Role of Law: What Is the Relevance and Purpose of Our Legal System?

TRUE/FALSE

• In Carter v. Canada, (Attorney General), the appellants argued that the criminal prohibition

for assisted suicide violated Section 5 of the Canadian Charter of Rights and Freedoms.

ANS: F

• According to the Cannabis Act, a number of licensed producers will have their cannabis

product regulated by the federal government.

ANS: T

• Individual perceptions of justice and injustice define our relationship as citizens of the state.

ANS: T

• There are many theoretical perspectives on law. One theoretical perspective is called

possiblism.

ANS: F

• Theoretical perspectives of the law are normative because they make arguments about the

objectives of the legal process.

ANS: T

• Hart, a positivist, argues that there can be no penalty without a valid law.

ANS: F

• Natural Law is a very new legal philosophy first developed by the “Naturalist Party” of

Canada.

ANS: F

• The legal maxim, lex iniustia non est lex, states that there can be no law without penalty.

ANS: F

• The Marxist insisting on economic inequality justifies the equal taxation of all.

ANS: F

• Critical legal theorists reject positivism and direct themselves to issues of social

disadvantage.

ANS: T

• The origins of feminist theories of law are found in the women’s suffragette movement of the

early twentieth century.

ANS: T

• The feminist theories of law fail to mount a significant challenge to contemporary theories of

the role of law.(Canadian Law An Introduction, 7e Neil Boyd ) (Test Bank all Chapter) 1 / 4

Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

Copyright © 2019 Nelson Education Ltd. 1-2

ANS: F

• Third-wave feminists reject the claims of inequality and subordination of women made by

first- and second-wave feminists.

ANS: F

• Feminist legal theory describes the ways in which the law facilitates patriarchal dominance

and control.

ANS: T

• Twentieth-century anarchists are committed to principles of egalitarianism in wealth and

power distribution.

ANS: T

• Libertarians are also referred to as economic socialists.

ANS: F

• Legal realists, in order to understand the legal process, must be aware of the political,

economic and social contexts in which law arises, changes and persists

ANS: T

• Law is a malleable human creation reflecting both the movements of political actors and

changing values.

ANS: T

• Positivism seeks to reveal the values that lie behind the law.

ANS: F

• A perspective that denies a link between law and morality must set out the moral premises

that will be operative at any specific time or place.

ANS: T

MULTIPLE CHOICE

• Which statement best reflects the positivist theory of law?
• Law is a legal manifestation of Parliamentary Supremacy.
• Law is a mechanical analysis which questions the law’s morality.
• Law is a series of possible answers which can be applied based on the facts of each case.
• Law is a systematic approach which requires lawyers to argue for the application of ethics to

judicial decision making.

ANS: A

• Which statement best reflects a core positivist approach to the law?
• Only positive laws should be enforced.
• The moral impact of specific laws must be analyzed.
• Laws must be positively stated in order to be enforced. 2 / 4

Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

Copyright © 2019 Nelson Education Ltd. 1-3

• The law represents a social contract between the individual and the state.

ANS: D

• Why would natural law lawyers probably reject the reasoning of the Supreme Court of Canada

in Carter v. Canada (Attorney General)?

• Natural law insists on a religious basis for the construction of law.
• The scientific method supports this.
• The Charter of Rights and Freedoms does not apply.
• It fails to conform to the historical record.

ANS: A

• Which term best describes those who argue that law can only be understood by understanding

political, economic, and social contexts?

• libertarians
• legal realists
• legal positivists
• natural law adherents

ANS: B

• Who first advocated the idea that law and order should wither away with the state?
• Karl Marx
• H. L. A. Hart
• Roger Cotterell
• Karl Llewellyn

ANS: A

• Legal positivists rely on which two concepts?
• the morality of law and the power of the state
• the legal process and the notion of a social contract
• morally equitable rules and Supreme Court rulings
• all Latin maxims and God’s commands

ANS: B

• Which statement is the primary argument of critics of the Marxist perspective?
• Labour is basic to wealth.
• Our goal should be to create a “classless” society.
• There exist substantial differences in individual contributions to society.
• The relationship between material circumstances and human beings is dialectical in form.

ANS: C

• In the term “CLS movement,” what does the abbreviation “CLS” mean?
• critical legal studies
• critical liberal sceptics
• Canadian labour studies
• constructive legal studies

ANS: A 3 / 4

Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Edition

Copyright © 2019 Nelson Education Ltd. 1-4

• Which statement best reflects the views of law held by feminist legal theorists?
• Law is unnecessary.
• Law is a source of women’s oppression.
• Law is a site of struggle for political transformation.
• Law is a historically and socially constructed artefact.

ANS: B

• According to your textbook, which of the following statements best describes Catherine

MacKinnon?

• She is a legal realist.
• She is a radical third-wave feminist.
• She is a pioneer of first-wave feminism.
• She is an important second-wave feminist.

ANS: B

• What aspect of Canadian society do libertarians oppose?
• private jails
• privately funded health care
• mandatory seatbelt legislation
• tax incentives for saving for your own retirement

ANS: C

• Why would legal positivists support the reasoning of the Supreme Court in the Carter case?
• Because the Charter is validly enacted law.
• Because public opinion favoured striking down the Criminal Code provisions.
• Because the minority judges misapplied the Charter.
• Because the government ignores timeless human rights.

ANS: A

13. The U.S. Constitution and the Canadian Charter of Rights and Freedoms:

• fundamentally conflict.
• are time specific only.
• are statements of natural law ideas.
• have no moral premises to support them.

ANS: C

14. Laissez-faire Libertarians would:

• support both the decision in Carter and the Cannabis Act.
• support only the Cannabis Act and condemn Carter.
• support neither Carter or the Cannabis Act.
• take a position identical to the communitarian anarchist.

ANS: A

• The feminist theory of law manifests itself in which of the following?
• two waves of thought
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