Question 1

The goal of negotiation is to reach a resolution that is agreeable to all parties.

Accepted Answer

A) True 
 B)False  True

Question 2

Outline the purpose of the discovery phase of a lawsuit and describe what normally occurs during it.

Accepted Answer

The discovery phase of a lawsuit begins after each side has set out its allegations and defences in the pleadings stage.The purpose of the discovery phase is to provide each side an opportunity to test the strength of the other side's position and to encourage settlement.During the discovery phase,both parties must reveal and demonstrate the facts that support their allegations.These facts are found in documents,in the oral testimony of those directly involved in the situation,and in expert reports.

Question 3

What difference between litigation in Canada and litigation in the United States causes concern for Canadian companies that do business in the U.S.marketplace?

Accepted Answer

A)  American lawyers are not usually trained in the same way as Canadian lawyers are. 
B)  Unlike in Canada,most U.S.jurisdictions do not require a losing party to pay a portion of the winner's costs. 
C)  Unlike in Canada,most U.S.jurisdictions have not embraced alternative dispute resolution as a means for resolving disputes. 
D)  Unlike in Canada,most U.S.jurisdictions do not have limitation periods that restrict plaintiffs from suing after the passage of a considerable amount of time. 
A)  American lawyers are not usually trained in the same way as Canadian lawyers are. 
B)  Unlike in Canada,most U.S.jurisdictions do not require a losing party to pay a portion of the winner's costs. 
C)  Unlike in Canada,most U.S.jurisdictions have not embraced alternative dispute resolution as a means for resolving disputes. 
D)  Unlike in Canada,most U.S.jurisdictions do not have limitation periods that restrict plaintiffs from suing after the passage of a considerable amount of time. B

Question 4

How does a person who wins a case in civil court actually collect on the judgment? What limitations are there on his/her ability to collect?

Accepted Answer

After the judge makes the judgment and o

Question 5

Which of the following is a significant risk for Canadian companies doing business in the U.S.marketplace?

Accepted Answer

A)  Damage awards in the U.S.tend to be much higher than in Canada. 
B)  Unsuccessful litigants have limited rights to appeal in the U.S.compared to Canada. 
C)  Contingency fee agreements are less frequently available in the U.S.than in Canada. 
D)  Unlike Canada,the U.S.has a general rule that unsuccessful litigants must pay the costs of the winning party. 
A)  Damage awards in the U.S.tend to be much higher than in Canada. 
B)  Unsuccessful litigants have limited rights to appeal in the U.S.compared to Canada. 
C)  Contingency fee agreements are less frequently available in the U.S.than in Canada. 
D)  Unlike Canada,the U.S.has a general rule that unsuccessful litigants must pay the costs of the winning party.

Question 6

When a dispute is covered by insurance,it is important that employees are aware that an attempt to negotiate a settlement may jeopardize coverage unless the insurer consents to the company conducting negotiations.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is an accurate statement regarding the purpose of the discovery stage of a lawsuit?

Accepted Answer

A)  The discovery phase is intended to reduce the costs of litigation. 
B)  The purpose of the discovery phase is to disclose evidence in support of the claims in the lawsuit and test the strength of the opposing party's claims. 
C)  The purpose of the discovery phase is to cross-examine all of the witnesses that will be called at trial. 
D)  The purpose of the discovery phase is to allow each side an opportunity to obtain expert evidence that can later be used at the trial. 
A)  The discovery phase is intended to reduce the costs of litigation. 
B)  The purpose of the discovery phase is to disclose evidence in support of the claims in the lawsuit and test the strength of the opposing party's claims. 
C)  The purpose of the discovery phase is to cross-examine all of the witnesses that will be called at trial. 
D)  The purpose of the discovery phase is to allow each side an opportunity to obtain expert evidence that can later be used at the trial.

Question 8

An unsuccessful litigant may appeal a trial decision as long as notice of that party's intention to appeal is filed within a specified number of days following the delivery of the trial court's decision.

Accepted Answer

A) True 
 B)False

Question 9

It is unusual and not advisable for the defendant to insist that a confidentiality clause be incorporated into a settlement agreement or release.

Accepted Answer

A) True 
 B)False

Question 10

Arbitration is a very popular method for resolving international commercial disputes.

Accepted Answer

A) True 
 B)False

Question 11

What is the role of common law and statue law with regard to the litigation of a commercial dispute?

Accepted Answer

A)  Both provide a source of the objective rules applicable to the disputed matter. 
B)  Each provides a source of the substantive rules applicable to the contested matter. 
C)  Both provide rules governing the legal foundation for determining how trials proceed. 
D)  Each contains rules that determine what the process leading up to trial will be. 
A)  Both provide a source of the objective rules applicable to the disputed matter. 
B)  Each provides a source of the substantive rules applicable to the contested matter. 
C)  Both provide rules governing the legal foundation for determining how trials proceed. 
D)  Each contains rules that determine what the process leading up to trial will be.

Question 12

The party ordered by the court to pay a specified amount to a winner of a lawsuit is known as a judgment debtor.

Accepted Answer

A) True 
 B)False

Question 13

One of the features of arbitration is that it does not create a binding precedent that will apply to future cases.

Accepted Answer

A) True 
 B)False

Question 14

One of the advantages of mediation is that it results in a non-binding decision that can be appealed by either party to the courts.

Accepted Answer

A) True 
 B)False

Question 15

According to the rules provided for under the Arbitration Act,an arbitrator's binding decision may be referred for appeal before a judge presiding in a superior court.

Accepted Answer

A) True 
 B)False

Question 16

ABC Loans Ltd.successfully sued Brian Dooley and obtained a judgment for $150 000 after Dooley failed to repay a loan.The value of all of Dooley's assets is only about $100 000.Which of the following statements is true about the steps ABC can now take against Dooley?

Accepted Answer

A)  ABC can seize all of Dooley's assets and apply the proceeds to toward the judgment. 
B)  ABC cannot seize Dooley's assets but can garnish his bank account. 
C)  ABC will be limited in its ability to seize Dooley's assets because some assets may be exempt from seizure to ensure Dooley is not left destitute. 
D)  ABC will be able to apply to a public fund in the event that Dooley is unable to pay the entire judgment. 
A)  ABC can seize all of Dooley's assets and apply the proceeds to toward the judgment. 
B)  ABC cannot seize Dooley's assets but can garnish his bank account. 
C)  ABC will be limited in its ability to seize Dooley's assets because some assets may be exempt from seizure to ensure Dooley is not left destitute. 
D)  ABC will be able to apply to a public fund in the event that Dooley is unable to pay the entire judgment.

Question 17

It is considered unwise to undertake litigation without having an appreciation of its potentially adverse consequences.

Accepted Answer

A) True 
 B)False

Question 18

Martha's lawyer is not satisfied with the court's decision,so he is urging her not to accept it.What step in the litigation process is Martha's lawyer recommending she take?

Accepted Answer

A)  appeal 
B)  adjudication 
C)  litigation 
D)  ADR 
A)  appeal 
B)  adjudication 
C)  litigation 
D)  ADR

Question 19

Which of the following would be a valid criticism of the use of arbitration clauses in consumer contracts?

Accepted Answer

A)  Arbitration clauses may unfairly restrict consumer access to the courts. 
B)  Clients are unable to ensure the independence and expertise of a suggested arbitrator. 
C)  Arbitration firms tend to treat consumers unfairly. 
D)  An arbitration procedure requires clients to pay a fee to have their complaint remedied. 
A)  Arbitration clauses may unfairly restrict consumer access to the courts. 
B)  Clients are unable to ensure the independence and expertise of a suggested arbitrator. 
C)  Arbitration firms tend to treat consumers unfairly. 
D)  An arbitration procedure requires clients to pay a fee to have their complaint remedied.

Question 20

Contrast the advantages and disadvantages of alternate dispute resolution.

Accepted Answer

Alternative dispute resolution offers a

Exam 4: Dispute Resolution

The goal of negotiation is to reach a resolution that is agreeable to all parties.

Outline the purpose of the discovery phase of a lawsuit and describe what normally occurs during it.

What difference between litigation in Canada and litigation in the United States causes concern for Canadian companies that do business in the U.S.marketplace?

How does a person who wins a case in civil court actually collect on the judgment? What limitations are there on his/her ability to collect?

Which of the following is a significant risk for Canadian companies doing business in the U.S.marketplace?

When a dispute is covered by insurance,it is important that employees are aware that an attempt to negotiate a settlement may jeopardize coverage unless the insurer consents to the company conducting negotiations.

Which of the following is an accurate statement regarding the purpose of the discovery stage of a lawsuit?

An unsuccessful litigant may appeal a trial decision as long as notice of that party's intention to appeal is filed within a specified number of days following the delivery of the trial court's decision.

It is unusual and not advisable for the defendant to insist that a confidentiality clause be incorporated into a settlement agreement or release.

Arbitration is a very popular method for resolving international commercial disputes.

What is the role of common law and statue law with regard to the litigation of a commercial dispute?

The party ordered by the court to pay a specified amount to a winner of a lawsuit is known as a judgment debtor.

One of the features of arbitration is that it does not create a binding precedent that will apply to future cases.

One of the advantages of mediation is that it results in a non-binding decision that can be appealed by either party to the courts.

According to the rules provided for under the Arbitration Act,an arbitrator's binding decision may be referred for appeal before a judge presiding in a superior court.

ABC Loans Ltd.successfully sued Brian Dooley and obtained a judgment for $150 000 after Dooley failed to repay a loan.The value of all of Dooley's assets is only about $100 000.Which of the following statements is true about the steps ABC can now take against Dooley?

It is considered unwise to undertake litigation without having an appreciation of its potentially adverse consequences.

Martha's lawyer is not satisfied with the court's decision,so he is urging her not to accept it.What step in the litigation process is Martha's lawyer recommending she take?

Which of the following would be a valid criticism of the use of arbitration clauses in consumer contracts?

Contrast the advantages and disadvantages of alternate dispute resolution.

Knowledge of Law As a Business Asset

The Canadian Legal System

Managing Legal Risks

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non-Enforcement of Contracts

Termination and Enforcement of Contracts

Introduction to Tort Law

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Introduction to Property Law

Intellectual Property

Real Property

The Employment Relationship

Terminating the Employment Relationship

Professional Services

The Sale of Goods

Consumer Protection and Competition Law

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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