Exam 2: Litigation and Alternative Dispute Resolution

Screaming Eagle Inc, a company based in Los Angeles, wants to sue Canuck Manufacturing Inc in a court in Vancouver. While the American company is entitled to sue in Canada, it must be represented by a litigation guardian.

Rejean is a world class athlete, who was was recently suspended by the Canadian Athletics Association. If that suspension remains in place, Rejean will not be allowed to compete in the upcoming world championships. Rejean therefore hopes to quickly and conclusively have the suspension overturned. The contract that Rejean had signed with the Canadian Athletics Association gives him the right to choose any form of dispute resolution. Which of the following alternatives is likely his best option?

Rawls Inc recently sued Nozick Ltd. As Nozick has pointed out, however, Rawls' statement of claim was not filed within the limitation period. Which of the following statements is TRUE?

Briefly explain the difference between (i) examinations- in- chief and cross- examinations, (ii) direct evidence and hearsay evidence, (iii) ordinary witnesses and expert witnesses, and (iv) proof on balance of probabilities and proof beyond a reasonable doubt.

The requirements for certification in a class action include

Which of the following statements is TRUE with respect to small claims courts?

Kirndeep recently received a Bachelor of Business Administration. She has, however, always dreamed of representing people with legal problems. She has come to you for advice and guidance regarding the various possibilities. Which of the following statements is TRUE?

In the context of the ability to sue or be sued, what is the meaning and effect of the doctrine that "the King can do no wrong"?

The Crown can be sued only if a statute allows an action to be brought against the Crown.

A company that manufactures cigarettes has been named as the defendant in a class action. Which of the following statements is TRUE?

Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence. At one point during the litigation process, an examination- in- chief occurred. That means that

List and briefly describe the options that are available in terms of legal representation.

Although trade unions are unincorporated associations, and therefore are not legal persons, they generally can sue or be sued.

Which of the following statements regarding the right to sue and representation in court is TRUE?

Justice Veritas is hearing a case in court. Which of the following statements is TRUE?

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?

Which of the following statements is TRUE with respect to remedies?

Which of the following statements is TRUE with respect to alternative dispute resolution?

Fuller Inc has sued Perdue Corp. Which of the following statements is TRUE?

Kaelen works as a sales representative for a large book publisher. She was recently held liable in tort and ordered to pay $35 000 to Antony. Which of the following statements is TRUE?