False; It is a requirement of the Lawyers and Conveyancers Act 2006 that a lawyer must choose to practice either as a barrister only or as a solicitor only. c. False; The definitions of barrister, lawyer and solicitor in the Lawyers and Conveyancers Act 2006 contemplate a lawyer may practice in both capacities. d. True; The definitions of barrister, lawyer and solicitor in the Lawyers and Conveyancers Act 2006 contemplate a lawyer may practice in both capacities. Question 3 Correct Mark 1.00 out of 1.00 Flag question Question text Section 4 of which Act states that every lawyer who provides regulated services must comply with fundamental obligations including upholding the rule of law and facilitating the administration of justice in New Zealand? Select one: a. Policing Act 2008 b.
Identify the strengths and weaknesses of three remedies that are currently in place to deal with the issue of wrongful convictions here in Canada. In your opinion, how effective are the measures that you describe. 8. Various pieces of legislation and statutes, as well as instances of judicial activism, have
No! They are appointed chosen by guess who the govern general who appoints senators based on Harpers choices. Elected senators would demand corresponding power and responsibility to go along with their new status and also unelected senators render judgment without being influenced by anyone (thechronicle). Reformed Senate could be used to overcome the chronic inability of the House of Commons to reflect the diversity of the Canadian people. Having our senators being reformed would also help create a diverse and a representative body.
Since the Criminal Code is a strictly federal jurisdiction to limit its control would deter its ability to govern as a whole. The Controlled Drugs and Substance Act was put in place for the protection of society and human health. It would be detrimental to take away from its crucial role in protecting Canadian Citizens. “The doctrine of interjurisdictional immunity has been applied to circumscribed areas of activity referred to in the cases as undertakings...It has never been applied to a broad and amorphous area of jurisdiction.” It is recognized that applying the doctrine of Interjurisdictional immunity would be unpresident and would open debate of the withstand ability of the Controlled Drug and Substance Act in future cases. In addition “the doctrine is in tension with the emergent practice of cooperative federalism” .
What would you say is the most powerful aspect of the Canadian political system: the Constitution, the executive, the legislative branch or the judiciary? Please explain why. Make sure you assess all four aspects in your response and indicate if you feel that there has been any change over time? As Canadians, we live in a state that offers us a federal democratic political system. It provides several elements that help in shaping our political frame.
P1: Outline doctrine – inc stare decisis, ratio, court structure and law reports The Doctrine of Judicial Precedent The Doctrine of Judicial precedent is based on a principle of ‘stare decisis’ to let the decision stand. Under this doctrine, decisions of the higher courts bind the lower courts. For this doctrine to operate successfully three things are necessary; ratio decidendi, a settled court structure and accurate law reporting. P2: Ratio – inc what it is and examples Ratio decidendi, reason for deciding, sets out the legal principles a judge used when ruling a case. Ratio is binding precedent.
Include the following: · Definition of the issue · Definition of key terms related to the issue · Key players involved (people, organizations, companies, groups, etc. affected) · Timeline of past events related to the issue · Controversies/debates regarding the issue STEP 3 After completing Unit 1: Constitutional Underpinnings (Chapters 1-3), write a one-page analysis of your policy issue in relation to the following questions: · How does the Constitution relate (or not relate) to the issue? o Is this important? · How does the issue relate to federalism? o What is the role of the federal government?
* Makes little attempt to explain the perspectives of stakeholders * Displays basic skills in organising and communicating legal information through text type, terminology, sentence and paragraph structure, spelling, grammar and punctuation | 4–7 | * Provides general information about an issue needing law reform | 1–3
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Judiciary is the system of courts that interprets, and applies the law, in the name of the state or federal government. A court with judicial review power, may invalidate government laws and decisions that are incompatible with a higher authority, such as the terms of a written constitution. Judicial review is one of the checks and balances in the separation of powers, so no one branch of government can accumulate too much power. The power of the judiciary is to supervise the legislative and executive branches, with their job being to review the law, and interpret the constitution.
According to "Ratification" (2012), “it is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.” Essentially when congress proposes to amend the Constitution it must be carefully be guided by laws set in place by article V and it is the responsibility of the archivist of the United States who is in charge with the responsibility for