Question 1

In applying equitable principles, judges can apply their own concepts of fairness.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following statements is true?

Accepted Answer

A) Law is made by judges. 
B) Law is made by legislatures and Parliament. 
C) Law is made by Law Reform Commissions. 
D) Both A and B 
E) All of the above 
A) Law is made by judges. 
B) Law is made by legislatures and Parliament. 
C) Law is made by Law Reform Commissions. 
D) Both A and B 
E) All of the above D

Question 3

Garnishment is

Accepted Answer

A) one type of pleading in the Small Claims Court. 
B) the technical name for a judgement 
C) a legal process used to collect on a judgement 
D) a defence to a claim in a higher court 
E) a way to enhance the presentation of a mea 
A) one type of pleading in the Small Claims Court. 
B) the technical name for a judgement 
C) a legal process used to collect on a judgement 
D) a defence to a claim in a higher court 
E) a way to enhance the presentation of a mea C

Question 4

Which of the following statements is NOT TRUE with respect to arbitration proceedings?

Accepted Answer

A) Arbitration proceedings normally take more time than the it does to litigate a matter in the regular court system 
B) An arbitrator's decision is binding and can be enforced as a court judgment 
C) Arbitration proceedings are normally conducted without many of the procedural requirements of a formal trial. 
D) An arbitrator must be neutral 
E) Arbitration proceedings are often chosen as an alternative to having a dispute become subject to a foreign legal system 
A) Arbitration proceedings normally take more time than the it does to litigate a matter in the regular court system 
B) An arbitrator's decision is binding and can be enforced as a court judgment 
C) Arbitration proceedings are normally conducted without many of the procedural requirements of a formal trial. 
D) An arbitrator must be neutral 
E) Arbitration proceedings are often chosen as an alternative to having a dispute become subject to a foreign legal system

Question 5

If you are involved in a traffic accident, which of the following different categories of law might apply to you?

Accepted Answer

A) The civil law could apply if you were sued by an injured party. 
B) The criminal law could apply if you were charged with an offence such as dangerous driving. 
C) Regulatory law could apply if you were charged with a non-criminal offence such as careless driving under the provincial Highway Traffic Act. 
D) Constitutional law could apply if you were charged with an offence and wishes to argue, for example, that evidence should be excluded because of a violation by the police of your rights under the Charter of Rights. 
E) All of the above 
A) The civil law could apply if you were sued by an injured party. 
B) The criminal law could apply if you were charged with an offence such as dangerous driving. 
C) Regulatory law could apply if you were charged with a non-criminal offence such as careless driving under the provincial Highway Traffic Act. 
D) Constitutional law could apply if you were charged with an offence and wishes to argue, for example, that evidence should be excluded because of a violation by the police of your rights under the Charter of Rights. 
E) All of the above

Question 6

In which of the following Canadian provinces is the legal system based upon a civil code system rather than the common law?

Accepted Answer

A) British Columbia 
B) Quebec 
C) New Brunswick 
D) Ontario 
E) Newfoundland and Labrador 
A) British Columbia 
B) Quebec 
C) New Brunswick 
D) Ontario 
E) Newfoundland and Labrador

Question 7

Which of the following statements is FALSE? Class actions

Accepted Answer

A) allow persons who could not otherwise afford it access to justice 
B) decrease the total cost of complex litigation 
C) indirectly encourage large corporations to be more careful about issues of safety and product quality 
D) are easily certified but rarely settle out of court 
E) often result in the law firm for the plaintiff making large amounts of money 
A) allow persons who could not otherwise afford it access to justice 
B) decrease the total cost of complex litigation 
C) indirectly encourage large corporations to be more careful about issues of safety and product quality 
D) are easily certified but rarely settle out of court 
E) often result in the law firm for the plaintiff making large amounts of money

Question 8

Which of the following statements is FALSE?

Accepted Answer

A) common law is judge-made law 
B) many civil law cases involve torts and contract law 
C) mediation is usually faster and cheaper and more private than litigation 
D) statutory law is created by judges following precedents set in earlier cases 
E) jurisdiction is the legal right of a court to hear a case 
A) common law is judge-made law 
B) many civil law cases involve torts and contract law 
C) mediation is usually faster and cheaper and more private than litigation 
D) statutory law is created by judges following precedents set in earlier cases 
E) jurisdiction is the legal right of a court to hear a case

Question 9

What term is given to a document sworn to under oath by a person and which can be used as evidence in a judicial proceeding?

Accepted Answer

A) pleading 
B) statement of defence 
C) affidavit 
D) pre-trial conference 
E) statement of claim 
A) pleading 
B) statement of defence 
C) affidavit 
D) pre-trial conference 
E) statement of claim

Question 10

Which of the following statements is TRUE?

Accepted Answer

A) in many provinces the limitation period for most civil cases is 2 years 
B) a civil case must be tried in the jurisdiction where the key event occurred 
C) if a statement of defense is not filed on time the case will be dismissed 
D) the defendant has the choice in what location the trial will be heard in a civil case 
E) after the pleadings comes the debtor's examination 
A) in many provinces the limitation period for most civil cases is 2 years 
B) a civil case must be tried in the jurisdiction where the key event occurred 
C) if a statement of defense is not filed on time the case will be dismissed 
D) the defendant has the choice in what location the trial will be heard in a civil case 
E) after the pleadings comes the debtor's examination

Question 11

In a civil trial, the parties will not be aware of the documents that the other party has
concerning the matter, until the trial itself.

Accepted Answer

A) True 
 B)False

Question 12

Oxxon Co.'s ship ran into a rock, spilling oil on some cottage lands. Jane Doe is a member of an environmental protection group that wants to bring a class action against Oxxon as a test case on behalf of all cottage owners whose property was affected by the oil spill. Jane does not own a cottage, but a majority of the cottage owners support her. Will Jane likely be successful in being certified by a court?

Accepted Answer

A) Yes, because she has the consent of a majority of the cottage owners. 
B) Yes, because she does not need the consent of any cottage owners; they can opt out of the class action. 
C) No, because she doesn't have the consent of all cottage owners. 
D) No, because he does not own a cottage herself. 
E) Yes, because she is acting in the public interest. 
A) Yes, because she has the consent of a majority of the cottage owners. 
B) Yes, because she does not need the consent of any cottage owners; they can opt out of the class action. 
C) No, because she doesn't have the consent of all cottage owners. 
D) No, because he does not own a cottage herself. 
E) Yes, because she is acting in the public interest.

Question 13

In which of the following courts, can a person usually conduct an action by him or herself or retain a lawyer, paralegal or law student to assist him or her?

Accepted Answer

A) Superior Court 
B) Court of Appeal 
C) Supreme Court of Canada 
D) Small Claims Court 
E) Divisional Court 
A) Superior Court 
B) Court of Appeal 
C) Supreme Court of Canada 
D) Small Claims Court 
E) Divisional Court

Question 14

In which of the following circumstances would a defendant to a claim for monies due and owing in the small claims court, be advised to a file a defence to the claim?

Accepted Answer

A) the plaintiff is claiming interest 
B) the defendant admits to owing the debt 
C) the defendant wishes to have a structured settlement arrangement with the plaintiff 
D) the defendant denies owing the debt or denies owing the entire sum claimed 
E) the defendant requires time to pay the debt 
A) the plaintiff is claiming interest 
B) the defendant admits to owing the debt 
C) the defendant wishes to have a structured settlement arrangement with the plaintiff 
D) the defendant denies owing the debt or denies owing the entire sum claimed 
E) the defendant requires time to pay the debt

Question 15

A major film company discovers a small company is making illegal copies of its movies and selling them for very low prices. Which of the following remedies would the film company NOT seek from the court?

Accepted Answer

A) an accounting of profits 
B) an order of specific performance 
C) an Anton Piller order 
D) punitive damages 
E) a deliver up order 
A) an accounting of profits 
B) an order of specific performance 
C) an Anton Piller order 
D) punitive damages 
E) a deliver up order

Question 16

A decision of the Supreme Court of Canada, is only binding on the Canadian federal courts.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following statements is FALSE?

Accepted Answer

A) less than half of legal cases that begin will settle and never go to trial 
B) in settlement agreements a plaintiff will sign a release 
C) in some settlement agreements a confidentiality clause is included 
D) settlement is often faster and less costly than a full trial 
E) if someone discloses the contents of a settlement agreement a court may order them to repay the money they had received 
A) less than half of legal cases that begin will settle and never go to trial 
B) in settlement agreements a plaintiff will sign a release 
C) in some settlement agreements a confidentiality clause is included 
D) settlement is often faster and less costly than a full trial 
E) if someone discloses the contents of a settlement agreement a court may order them to repay the money they had received

Question 18

Which of the following statements is true of the discovery process in civil proceedings?

Accepted Answer

A) the existence of relevant emails must be disclosed to the other side 
B) admissions useful to one party's case are sometime made by the opposing party during this process 
C) it can be used to encourage out of court settlements 
D) None of the above 
E) All of the above 
A) the existence of relevant emails must be disclosed to the other side 
B) admissions useful to one party's case are sometime made by the opposing party during this process 
C) it can be used to encourage out of court settlements 
D) None of the above 
E) All of the above

Question 19

Punitive damages are awarded to compensate a plaintiff for mental distress, emotional upset and embarrassment.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following statements is TRUE?

Accepted Answer

A) A trial court is bound by a decision on the same point of law made by another trial court in the province. 
B) A trial court is bound by a decision on the same point of law made by any Court Appeal in Canada. 
C) A trial court is bound by a decision on the same point of law made by any Court of Appeal in Canada except for the Quebec Court of Appeal. 
D) Decisions of the Supreme Court of Canada are binding on all courts in Canada except those in Quebec. 
E) None of the above. 
A) A trial court is bound by a decision on the same point of law made by another trial court in the province. 
B) A trial court is bound by a decision on the same point of law made by any Court Appeal in Canada. 
C) A trial court is bound by a decision on the same point of law made by any Court of Appeal in Canada except for the Quebec Court of Appeal. 
D) Decisions of the Supreme Court of Canada are binding on all courts in Canada except those in Quebec. 
E) None of the above.

In applying equitable principles, judges can apply their own concepts of fairness.

Which of the following statements is true?

Garnishment is

Which of the following statements is NOT TRUE with respect to arbitration proceedings?

If you are involved in a traffic accident, which of the following different categories of law might apply to you?

In which of the following Canadian provinces is the legal system based upon a civil code system rather than the common law?

Which of the following statements is FALSE? Class actions

Which of the following statements is FALSE?

What term is given to a document sworn to under oath by a person and which can be used as evidence in a judicial proceeding?

Which of the following statements is TRUE?

In a civil trial, the parties will not be aware of the documents that the other party has concerning the matter, until the trial itself.

In which of the following courts, can a person usually conduct an action by him or herself or retain a lawyer, paralegal or law student to assist him or her?

In which of the following circumstances would a defendant to a claim for monies due and owing in the small claims court, be advised to a file a defence to the claim?

A major film company discovers a small company is making illegal copies of its movies and selling them for very low prices. Which of the following remedies would the film company NOT seek from the court?

A decision of the Supreme Court of Canada, is only binding on the Canadian federal courts.

Which of the following statements is FALSE?

Which of the following statements is true of the discovery process in civil proceedings?

Punitive damages are awarded to compensate a plaintiff for mental distress, emotional upset and embarrassment.

Which of the following statements is TRUE?

Fundamental Rights

Intentional Torts

Negligence

Making Enforceable Business Agreements

Important Terms and Contract Interpretation

Contract Defects and Breach of Contract

Special Business Contracts and Consumer Protection

The Organization of a Business

Corporate Law and White-Collar Crime

Banking Disagreements and Secured Transactions

Bankruptcy

Employment Law

Intellectual Property and Computer Law

Real Estate and Insurance Law

Filters

Exam 2: The Canadian Court System

In applying equitable principles, judges can apply their own concepts of fairness.

Which of the following statements is true?

Garnishment is

Which of the following statements is NOT TRUE with respect to arbitration proceedings?

If you are involved in a traffic accident, which of the following different categories of law might apply to you?

In which of the following Canadian provinces is the legal system based upon a civil code system rather than the common law?

Which of the following statements is FALSE? Class actions

Which of the following statements is FALSE?

What term is given to a document sworn to under oath by a person and which can be used as evidence in a judicial proceeding?

Which of the following statements is TRUE?

In a civil trial, the parties will not be aware of the documents that the other party has concerning the matter, until the trial itself.

In which of the following courts, can a person usually conduct an action by him or herself or retain a lawyer, paralegal or law student to assist him or her?

In which of the following circumstances would a defendant to a claim for monies due and owing in the small claims court, be advised to a file a defence to the claim?

A major film company discovers a small company is making illegal copies of its movies and selling them for very low prices. Which of the following remedies would the film company NOT seek from the court?

A decision of the Supreme Court of Canada, is only binding on the Canadian federal courts.

Which of the following statements is FALSE?

Which of the following statements is true of the discovery process in civil proceedings?

Punitive damages are awarded to compensate a plaintiff for mental distress, emotional upset and embarrassment.

Which of the following statements is TRUE?

Fundamental Rights

Intentional Torts

Negligence

Making Enforceable Business Agreements

Important Terms and Contract Interpretation

Contract Defects and Breach of Contract

Special Business Contracts and Consumer Protection

The Organization of a Business

Corporate Law and White-Collar Crime

Banking Disagreements and Secured Transactions

Bankruptcy

Employment Law

Intellectual Property and Computer Law

Real Estate and Insurance Law

Filters