Question 1

How does a court order of costs at the conclusion of a lawsuit impact the litigation process?

Accepted Answer

A)  by ensuring that the defendant pays the plaintiff's legal expenses 
B)  by providing partial reimbursement of legal expenses to the successful litigant 
C)  by ensuring the successful party is fully reimbursed for their legal expenses 
D)  by requiring the losing party to pay its own legal costs 
A)  by ensuring that the defendant pays the plaintiff's legal expenses 
B)  by providing partial reimbursement of legal expenses to the successful litigant 
C)  by ensuring the successful party is fully reimbursed for their legal expenses 
D)  by requiring the losing party to pay its own legal costs B

Question 2

One of the most important factors to be considered when deciding whether to proceed with a litigation of a conflict that failed to be remedied through negotiation is whether the business can devote the necessary resources to proceed with the dispute.

Accepted Answer

A) True 
 B)False  True

Question 3

Which statement best describes the duty to consult Aboriginal people?

Accepted Answer

A)  The duty arises even where the Aboriginal rights have not yet been proven in court. 
B)  The duty is consult is set out in the Constitution Act,1982. 
C)  The duty applies to businesses and the Crown. 
D)  The duty can be triggered by potential adverse effects on future negotiations. 
A)  The duty arises even where the Aboriginal rights have not yet been proven in court. 
B)  The duty is consult is set out in the Constitution Act,1982. 
C)  The duty applies to businesses and the Crown. 
D)  The duty can be triggered by potential adverse effects on future negotiations. A

Question 4

Which circumstance would cause a risk management department to consider referring a commercial dispute to alternative dispute resolution?

Accepted Answer

A)  The parties are unconcerned about privacy or confidentiality. 
B)  The parties disagree about the nature of the disputed issues. 
C)  The parties both desire a quick resolution of minor problems. 
D)  One or more of the parties does not respond to cost incentives. 
A)  The parties are unconcerned about privacy or confidentiality. 
B)  The parties disagree about the nature of the disputed issues. 
C)  The parties both desire a quick resolution of minor problems. 
D)  One or more of the parties does not respond to cost incentives.

Question 5

The activities of a large multinational corporation violated federal and provincial environmental laws.It polluted a clean water source and caused illness among the people and wildlife inhabiting the affected area.What would the corporation's lawyers most likely suggest as the main reason for attempting to force resolution of the legal dispute through ADR?

Accepted Answer

A)  a desire to avoid establishing a common law precedent for damages arising from environmental infractions 
B)  a need to sustain the operation based on the amount of capital resources committed to its business activities 
C)  the ability to keep details of the contamination and of the settlement private and confidential 
D)  the fact that an arbitrator's decision will be binding and likely be favourable to the corporation 
A)  a desire to avoid establishing a common law precedent for damages arising from environmental infractions 
B)  a need to sustain the operation based on the amount of capital resources committed to its business activities 
C)  the ability to keep details of the contamination and of the settlement private and confidential 
D)  the fact that an arbitrator's decision will be binding and likely be favourable to the corporation

Question 6

Explain the nature of negotiation as an alternative dispute resolution method used in a business setting.Include a brief description of the technical rules that govern the operation of the negotiation process,the parties involved in preparing for negotiations,who should conduct the negotiations,and the elements required for a negotiated resolution or settlement to be reached.

Accepted Answer

Negotiation is a tool that business owne

Question 7

What is the rationale for strict limitation periods?

Accepted Answer

A)  They provide useful guidelines for when to commence litigation. 
B)  They require parties to have their trials heard in a timely manner. 
C)  They prevent plaintiffs from advancing old claims in which evidence may have been lost because of the passage of time. 
D)  They establish upper financial limits on liability for defendants. 
A)  They provide useful guidelines for when to commence litigation. 
B)  They require parties to have their trials heard in a timely manner. 
C)  They prevent plaintiffs from advancing old claims in which evidence may have been lost because of the passage of time. 
D)  They establish upper financial limits on liability for defendants.

Question 8

Negotiation can be used at any state of the litigation process,including during trial.

Accepted Answer

A) True 
 B)False

Question 9

The procedural rules in most superior courts are designed to ensure that parties can represent themselves without consulting with a lawyer.

Accepted Answer

A) True 
 B)False

Question 10

Arbitration decisions are usually final with little or no right of appeal.

Accepted Answer

A) True 
 B)False

Question 11

A controversial development has been the awarding of legal costs against unsuccessful plaintiffs involved in class action suits.

Accepted Answer

A) True 
 B)False

Question 12

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 13

A commercial business should seek to manage the risk of loss by securing a basic coverage insurance policy with a reputable insurance company.

Accepted Answer

A) True 
 B)False

Question 14

While negotiation can be used to resolve almost any type of dispute,what is one situation where a business should not proceed with negotiation?

Accepted Answer

A)  when litigation has already been commenced 
B)  where the parties need a quick solution 
C)  when insurance covers the risk that is the subject of the dispute 
D)  where the parties wish to preserve confidentiality 
A)  when litigation has already been commenced 
B)  where the parties need a quick solution 
C)  when insurance covers the risk that is the subject of the dispute 
D)  where the parties wish to preserve confidentiality

Question 15

If a debt owed by a customer is not large and the customer is in financial difficulty,negotiating a payment plan or even writing off the debt may be more practical than spending money to try to collect on the account.

Accepted Answer

A) True 
 B)False

Question 16

What is a counterclaim?

Accepted Answer

A)  It formally sets out judiciary evidence filed to counter the plaintiff's claim. 
B)  It documents the response to a defence claimed by the countering party. 
C)  It documents the claim for loss filed against the party initiating the process. 
D)  It formally sets out facts to be relied in defence against the plaintiff's claim. 
A)  It formally sets out judiciary evidence filed to counter the plaintiff's claim. 
B)  It documents the response to a defence claimed by the countering party. 
C)  It documents the claim for loss filed against the party initiating the process. 
D)  It formally sets out facts to be relied in defence against the plaintiff's claim.

Question 17

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 18

Discuss what a class action lawsuit is,including a brief description of the requirements that must be met under legislation passed in some provincial jurisdictions that would enable a class action law suit.Also include a brief explanation of how a determination is made as to whether a class action may proceed in a province that has not passed specific legislation governing the process.

Accepted Answer

A class action is a lawsuit launched by

Question 19

What is the meaning of "evidence" in the legal environment?

Accepted Answer

A)  the proof presented in court to support a claim 
B)  facts that are strictly documentary in nature 
C)  facts that are strictly verbal in nature 
D)  the oral details of the defence to the claim 
A)  the proof presented in court to support a claim 
B)  facts that are strictly documentary in nature 
C)  facts that are strictly verbal in nature 
D)  the oral details of the defence to the claim

Question 20

Wilhelm Commercial Insurers Inc.is considering initiating a claim against an individual it now believes fraudulently misrepresented the facts of an insurance claim.The individual had been paid a substantial sum for a serious neck injury alleged to have been sustained in a slip and fall accident on a staircase in a retail store.If Wilhelm proceeds with the claim,how will the court place the burden of proof?

Accepted Answer

A)  on the party alleging the loss 
B)  on each party's lawyer at the discovery stage 
C)  on each party to support their respective positions 
D)  on the party denying the loss 
A)  on the party alleging the loss 
B)  on each party's lawyer at the discovery stage 
C)  on each party to support their respective positions 
D)  on the party denying the loss

Exam 4: Dispute Resolution

How does a court order of costs at the conclusion of a lawsuit impact the litigation process?

One of the most important factors to be considered when deciding whether to proceed with a litigation of a conflict that failed to be remedied through negotiation is whether the business can devote the necessary resources to proceed with the dispute.

Which statement best describes the duty to consult Aboriginal people?

Which circumstance would cause a risk management department to consider referring a commercial dispute to alternative dispute resolution?

What is the rationale for strict limitation periods?

Negotiation can be used at any state of the litigation process,including during trial.

The procedural rules in most superior courts are designed to ensure that parties can represent themselves without consulting with a lawyer.

Arbitration decisions are usually final with little or no right of appeal.

A controversial development has been the awarding of legal costs against unsuccessful plaintiffs involved in class action suits.

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

A commercial business should seek to manage the risk of loss by securing a basic coverage insurance policy with a reputable insurance company.

While negotiation can be used to resolve almost any type of dispute,what is one situation where a business should not proceed with negotiation?

If a debt owed by a customer is not large and the customer is in financial difficulty,negotiating a payment plan or even writing off the debt may be more practical than spending money to try to collect on the account.

What is a counterclaim?

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

What is the meaning of "evidence" in the legal environment?

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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