Question 1 There is no definition of law that is universally acceptable. Some define law in moral terms, whereas some define it by set of rules made by those in authority. Then there are some who define it only in the practical terms. Hence it is difficult to come up with a satisfactory definition of law.

Question 3In civil law jurisdiction, use of previous decisions does not affect the present decision of a court. As a result two very similar cases might be decided differently. But in common law jurisdiction, courts look out to similar cases for the principles to be applied.

Question 4Common law judges did not make the law, they found it This statement goes back to the early stage of development of common law where judges discovered the law in the customs and traditions of the people on whom it was to be applied. Hence they found the law and did not make it.

Question 6Common law system had the following serious limitations which led the development of Law of equity. Rigidity of common law system Inflexibility of the rules applied Limited scope of remedies available

Question 8The supremacy of the parliament means that the parliament is supreme over any other legal body. The legislations made by the parliament take precedence over judge-made law, which may be based on either the common law or equity.

Question 10The process how a Parliamentary bill becomes a law:- The bill goes through a sequence of introduction, debate, modification and approval (known as first, second and third reading). When a bill is finally enacted it has the status of a statute. This statue does not have the status of law until it receives the approval of governor general at federal level or the lieutenant general in province (Referred to as receiving royal assent).Question 11The system in which judges are to follow each others decisions is known as stare decisis. The decision of a judge at one level is binding on all judges in the hierarchy that falls in the court of lower rank, provided the facts in both the cases are similar. Therefore, in a similar case if the judge at a lower court has to give a judgement, he is surely bound by another judges decision at a higher court. Question 12Canadas constitution includes:- Statutes such as Constitution Act, 1982 and statutes creating various provinces Conventions, which are unwritten rules explaining how the government is to operate and include the Rule of law. Case law on constitution issues, such as whether the Federal or Provincial government has jurisdiction to create certain statutes.

Question 13The Federal powers are set out in the section 91 of the Constitution Act, 1867 and the powers of Provincial governments are in section 92. The effect of section 91 and section 92 of the Constitution Act, 1867 is:- The division of powers in the section 91 and 92 has been very important in the development of Canada as a nation. Until the recent entrenchment of the charter, Section 91 and 92 of the Constitution Act, 1867 was the main consideration of courts when faced with constitutional questions.

Question 14The Constitution Act, 1867 prohibits direct delegation of power between Federal and provincial governments but they can delegate their powers to inferior bodies such as boards and individual civil servants. This way the Constitution Act, 1867 limits power of provincial and federal governments.

Question 17Human rights legislation was designed to stop discrimination against identifiable minority groups.The limitations of human rights legislation are:- The protection by human rights legislation extends only to certain areas as identified by specific provincial or federal legislations. Discrimination by private facilities is not prohibited by the legislation. Such as, Private clubs. The grounds upon which discrimination is prohibited vary from one jurisdiction to another.No, it does not address all discrimination. Private clubs can still discriminate as to who they will admit as members, as the discrimination by private facilities is not protected. This somehow explains why some golf clubs do-not have female members.

Question 21 Charter of rights and freedom protects individuals rights from abuses by government. Whereas, Human rights code came into effect to protect individuals rights from abuse by other members of public.

CASE 1

The notwithstanding clause of the charter allows the government to override fundamental freedoms, legal rights and equality rights. If the court used this clause of the charter to make the child a ward of the court and carry on the blood transfusion, the parents could use sunset clause It forces the re-examination of the decision to override the charter.

No one according to me has the right to choose life or death for another person, even if a child. The parents in this case were trying to kill their child merely for their religious beliefs by refusing the blood transfusion. This is a one strong argument for the authorities. The likelihood of the outcome would be same as it was, because even if the decision was to be re-examined no court shall approve killing an innocent child just to satisfy some religious notions.

Finally, no the parents do not have the right to make life-and-death decisions for their children based on some religious ideas.