4U Law - Test Review (Art Lightstone)

4U Law Review Sheet

Test: The History of Law

Format

Test Type: pen and paper
Total Marks: 58
Sections and Questions:
- Section A: Multiple Choice, 25 questions (25 marks)
  - 4 questions on foundational legal concepts (ex. "justice," "jurist," "positive law," etc.).
  - 8 questions on specific legal thinkers and philosophers (subscribing to both positive and natural law schools of thought).
  - 2 questions on classification of the law.
  - 6 questions on the historical figures and events the lead to the development of Canada's current legal system (Norman invasion, Henry II, Magna Carta, Statute of Westminster, etc.
  - 5 questions on Canada's current legal system (court structure, three branches of government, distribution of legislative powers, ultra vires, etc.).
- Section B: Matching, 15 questions (15 marks)
  - 5 questions matching thinkers with theories, beliefs, or ideas.
  - 5 questions matching historical events with historical figures.
  - 5 questions matching terms associated with Canada's current legal structure with descriptors of these terms.
- Section C: Definition, 2 questions (3 marks each; total: 6 marks)
- Choice of two out of five terms. One term will come from foundational legal concepts, one term will come from philosophers/thinkers, one term will come from classification of law, one term will come from historical events, and one term will come from Canada's current legal structure.
- Section D: Written Response, 2 questions (6 marks each, total: 12 marks)
- Choice of two out of three questions. One question will come from philosophers/thinkers, one question will come from historical events, and one question will come from Canada's current legal structure.

First Theme: The Nature of Law

References

text, chapters #2 and 3;
Handouts:
class notes:
- The Nature of Law (PPT)
- Classifying the Law (PPT)

Requirements

understand and explain how law evolved within society, how the law effects us in our daily lives, and how we depend upon it.
define and differentiate between any of the following concepts:
- law,
- jurisprudence,
- jurist,
- justice,
- primary sources of law, and
- secondary sources of law.
know, and be able to discuss, the legal theories of such thinkers as:
- Plato
- Aristotle
- Cicero
- Justinian
- St. Thomas Aquinas
- Thomas Hobbes
- John Locke
- Jean Jacques Rousseau
- Jeremy Bentham
define and differentiate between any of the following theories/concepts:
- natural law,
- positive law,
- rationalism,
- idealism,
- utilitarianism,
- positivism.
distinguish between the various categories into which law can be classified, including:
- substantive and procedural law;
- case law and statute law;
- domestic and international law;
- private (civil) law:
  - contract law
  - property law
  - tort law
  - family law, and
  - corporate law
- public law:
  - constitutional law
  - criminal law, and
  - administrative law

Second Theme: Our Legal Heritage

References

text, chapters #2, 3, and pages 135 - 140;
Handouts:
Power Points:
Web Resources:
class notes

Requirements

discuss the development of case law within feudal England
know the following terms and concepts associated with case law:
- case law / common law
- precedence / precedent
- stare decisis
- ratio decidendi
- abstraction
understand and explain the development of Canadian legal independence;
know, and be able to discuss, the significance of the following events and historical figures:
- The Norman Conquest, 1066 (William the Conqueror)
- Court System, 1154-1189 (Henry II)
- Magna Carta, 1215 (King John)
- English Parliament, 1265 (Simon de Montfort)
- British North America Act, 1867
- Statute of Westminster, 1931
- Constitution Act, 1982 (Pierre Elliot Trudeau)
understand and explain "federalism" as it relates to Canada's political structure, including what is meant by a:
- centralized federalist structure, and
- decentralized federalist structure.
understand and explain how statute law differs from case law;
know the fundamental aspects of the Constitution Act, 1982, including:
- the distribution of legislative powers,
- the three branches of government
- the structure of Canada's court system, and
- the Charter of Rights and Freedoms.
discuss constitutional reform, including:
- the amending formula,
- successful amendments to the constitution, and
- unsuccessful attempts at amending the constitution
understand and explain any of the following concepts associated with constitutional law:
- residual powers,
- ultra vires,
- intra vires, and the
- "pith and substance" rule.
understand and explain the Supreme Court's role in interpreting and upholding Canada's constitution;
know the following points with respect to the Supreme Court of Canada:
- what legislation gave the Supreme Court its power,
- how appeals may come to be heard at the Supreme Court, and
- how Supreme Court Justices are selected, appointed, and retire.
know Canada's basic court structure, including:
- provincial courts,
- superior courts,
- appeal courts,
- Federal Court of Canada, and
- the Supreme Court.
discuss two typical criticisms of the Supreme Court.

Key to Requirements:

understand and explain = written response

discuss = written response

define = definition / multiple choice / multiple selection / true-false / fill in the blank / matching

know = definition / multiple choice / multiple selection / true-false / fill in the blank / matching

distinguish between = multiple choice / multiple selection / true-false / fill in the blank / matching

differentiate between = multiple choice / multiple selection / true-false / fill in the blank / matching

Studying and Writing Skills:

Note: After you receive your marked test, you may wish to consult the online key to my marking symbols.

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