A Trial Judge in Manitoba Has Heard a Case Dealing

question 29

Multiple Choice

A trial judge in Manitoba has heard a case dealing with a particular issue.Which of the following statements is TRUE according to the doctrine of precedent?

• A)If there are no binding precedents,the judge may consider cases from anywhere in the world,and decide the case based on the extension or modification of established principles of law,thus creating a new precedent.
• B)If there are no precedents,the judge is not entitled to decide the case,and therefore must refer the matter to the legislature because of the doctrine of parliamentary supremacy.
• C)If there are conflicting precedents from the Court of Appeal of Ontario and the Court of Appeal of Saskatchewan,the judge must follow the former,because it comes from a jurisdiction with a larger population.
• D)If there are conflicting precedents from the Court of Appeal of Ontario and a trial court in the Bahamas,the judge must follow the former because it is Canadian.
• E)If there are no other precedents,the judge is required to follow a decision of the Alberta Court of Appeal.

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Definitions:

Acculturation

The changes and adjustments that occur when groups of different people come into sustained firsthand contact.

Integration

The process in which people maintain their own culture while simultaneously seeking to adapt and incorporate the majority culture.

Academic Performance

The measurement of a student's or group of students' achievements in their educational pursuits, often assessed through grades, tests, and other criteria.