Question 1

What is the name of the party who begins or files an appeal?

Accepted Answer

A)  defendant 
B)  respondent 
C)  litigant 
D)  appellant 
A)  defendant 
B)  respondent 
C)  litigant 
D)  appellant

Question 2

For how long,and under what circumstances,would a losing party's personal income and other assets such as land,houses,and vehicles be at risk?

Accepted Answer

A)  for as long as 20 years in some provinces,to satisfy the payment of a judgment 
B)  for as long as 20 years in some provinces,beginning on the dissolution of a partnership 
C)  for up to a 10-year period in cases of commercial bankruptcy 
D)  for up to a 10-year period in cases of corporate insolvency 
A)  for as long as 20 years in some provinces,to satisfy the payment of a judgment 
B)  for as long as 20 years in some provinces,beginning on the dissolution of a partnership 
C)  for up to a 10-year period in cases of commercial bankruptcy 
D)  for up to a 10-year period in cases of corporate insolvency

Question 3

One of the factors influencing whether negotiations to remedy a dispute will succeed is the effectiveness of the parties involved in the negotiations.

Accepted Answer

A) True 
 B)False

Question 4

The duty to consult Aboriginal peoples applies to both businesses and the Crown.

Accepted Answer

A) True 
 B)False

Question 5

Axis Enterprises Inc.is considering expanding its operations into the United States.Compare the features of Canadian and U.S.litigation and outline some of the legal risks Axis might face as a result of the expansion.

Accepted Answer

In Canada,the losing party in civil liti

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

NoTangles Wireless Connections Inc.enters the details required on the claim form provided by the small claims court: each party's name and address,the nature of the dispute,and the claim amount of $25,050.Why will the court clerk refuse to register NoTangles's claim?

Accepted Answer

A)  the jurisdiction's small claims court dollar limit is $25,000 
B)  the amount claimed exceeds the court's jurisdiction 
C)  the court lacks jurisdiction to hear commercial disputes 
D)  all litigation claims must be filed by law firms 
A)  the jurisdiction's small claims court dollar limit is $25,000 
B)  the amount claimed exceeds the court's jurisdiction 
C)  the court lacks jurisdiction to hear commercial disputes 
D)  all litigation claims must be filed by law firms

Question 8

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.

Question 9

Sian has been named in a lawsuit alleging a large balance owed on an automobile lease.Sian believes the contract was voided when the vehicle's motor ceased operating the day after signing the lease agreement.Sian is still owed the compensation the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down.If Sian wants to avoid a default judgment and recover her losses,how should she proceed?

Accepted Answer

A)  issue a request for a discovery of documents 
B)  issue a request for a pretrial conference 
C)  immediately file a defence and counterclaim 
D)  file a statement of claim based on her losses 
A)  issue a request for a discovery of documents 
B)  issue a request for a pretrial conference 
C)  immediately file a defence and counterclaim 
D)  file a statement of claim based on her losses

Question 10

Identify the party on whom the burden of proof rests with respect to a trial of a commercial dispute.Briefly explain what satisfying the burden of proof will entail in the trial process,how the opposing party is entitled to respond at this stage,and what is required of the judge presiding over the litigation of the matter.

Accepted Answer

At trial,the burden of proof falls on th

Question 11

The process of discovery includes the examination of documents,oral testimony,and expert reports.

Accepted Answer

A) True 
 B)False

Question 12

Davey Jones Law Offices acts as legal counsel to a large commercial client.The client has instructed Mr.Jones to prepare and file a litigation claim naming a competitor as the opposing party in the lawsuit.What title is given to the opposing party in the initiating document?

Accepted Answer

A)  respondent 
B)  petitioner 
C)  plaintiff 
D)  defendant 
A)  respondent 
B)  petitioner 
C)  plaintiff 
D)  defendant

Question 13

One of the advantages of alternative dispute resolution is that the parties may be able to preserve their privacy and reputation.

Accepted Answer

A) True 
 B)False

Question 14

The parties reveal and demonstrate the facts that support their allegations during the discovery stage of litigation.

Accepted Answer

A) True 
 B)False

Question 15

Rebekah is in a dispute with her landlord and was recently served with a statement of claim.She believes her landlord has no case and intends to ignore the document and do nothing further.What consequence will Rebekah likely face if she does nothing?

Accepted Answer

A)  There will be no adverse consequences for Rebekah. 
B)  Rebekah may automatically lose the lawsuit. 
C)  Rebekah may be punished with extra court-ordered costs for ignoring the statement of claim. 
D)  Rebekah will be at an advantage because the landlord will not be able to proceed with its lawsuit. 
A)  There will be no adverse consequences for Rebekah. 
B)  Rebekah may automatically lose the lawsuit. 
C)  Rebekah may be punished with extra court-ordered costs for ignoring the statement of claim. 
D)  Rebekah will be at an advantage because the landlord will not be able to proceed with its lawsuit.

Question 16

What is one of the advantages of mediation as a form of alternative dispute resolution?

Accepted Answer

A)  Mediators impose a solution on the parties. 
B)  Approximately 80% of mediations are successful. 
C)  Mediations are carried out by sitting judges. 
D)  Mediators must meet mandatory qualifications. 
A)  Mediators impose a solution on the parties. 
B)  Approximately 80% of mediations are successful. 
C)  Mediations are carried out by sitting judges. 
D)  Mediators must meet mandatory qualifications.

Question 17

Appeals at higher levels are normally conducted by a panel of at least three judges.

Accepted Answer

A) True 
 B)False

Question 18

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 19

Walter receives and considers submissions from both parties involved in a commercial dispute.He will deliver his decision shortly.In accordance with the terms of the contract governing the disputing parties' relationship,they are bound to comply with that decision.What role does Walter play in providing a resolution to this dispute?

Accepted Answer

A)  mediator 
B)  judge 
C)  arbitrator 
D)  adjudicator 
A)  mediator 
B)  judge 
C)  arbitrator 
D)  adjudicator

Question 20

Which statements best describes one of the features of alternative dispute resolution?

Accepted Answer

A)  It is free because it is not necessary for the parties to hire lawyers. 
B)  It is only available before a lawsuit has been commenced. 
C)  It usually results in the faster resolution of a dispute than litigation alone. 
D)  It is only available when litigation has already been commenced. 
A)  It is free because it is not necessary for the parties to hire lawyers. 
B)  It is only available before a lawsuit has been commenced. 
C)  It usually results in the faster resolution of a dispute than litigation alone. 
D)  It is only available when litigation has already been commenced.

Exam 4: Dispute Resolution

What is the name of the party who begins or files an appeal?

For how long,and under what circumstances,would a losing party's personal income and other assets such as land,houses,and vehicles be at risk?

One of the factors influencing whether negotiations to remedy a dispute will succeed is the effectiveness of the parties involved in the negotiations.

The duty to consult Aboriginal peoples applies to both businesses and the Crown.

Axis Enterprises Inc.is considering expanding its operations into the United States.Compare the features of Canadian and U.S.litigation and outline some of the legal risks Axis might face as a result of the expansion.

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

NoTangles Wireless Connections Inc.enters the details required on the claim form provided by the small claims court: each party's name and address,the nature of the dispute,and the claim amount of $25,050.Why will the court clerk refuse to register NoTangles's claim?

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?

The process of discovery includes the examination of documents,oral testimony,and expert reports.

Davey Jones Law Offices acts as legal counsel to a large commercial client.The client has instructed Mr.Jones to prepare and file a litigation claim naming a competitor as the opposing party in the lawsuit.What title is given to the opposing party in the initiating document?

One of the advantages of alternative dispute resolution is that the parties may be able to preserve their privacy and reputation.

The parties reveal and demonstrate the facts that support their allegations during the discovery stage of litigation.

Rebekah is in a dispute with her landlord and was recently served with a statement of claim.She believes her landlord has no case and intends to ignore the document and do nothing further.What consequence will Rebekah likely face if she does nothing?

What is one of the advantages of mediation as a form of alternative dispute resolution?

Appeals at higher levels are normally conducted by a panel of at least three judges.

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

Which statements best describes one of the features of alternative 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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