Question 1

Which of the following statements concerning limitation periods is true?

Accepted Answer

A)  Government bodies are exempt from limitation periods. 
B)  Limitation periods are invalid because they offend the Charter of Rights and Freedoms. 
C)  Limitation periods are invalid because they are ultra vires. 
D)  The relevant limitation period applies to even government bodies. 
E)  Government bodies are always exempt from the law. 
A)  Government bodies are exempt from limitation periods. 
B)  Limitation periods are invalid because they offend the Charter of Rights and Freedoms. 
C)  Limitation periods are invalid because they are ultra vires. 
D)  The relevant limitation period applies to even government bodies. 
E)  Government bodies are always exempt from the law. D

Question 2

When a person is found not guilty in a criminal matter, he or she can no longer be sued civilly.

Accepted Answer

A) True 
 B)False  False

Question 3

Sam operated a restaurant and George, a health inspector, visited the premises. Finding that one of the waiters had AIDS, George ordered the restaurant closed, using a section of the regulations allowing such closures to prevent the spread of contagious diseases. Sam was very unhappy about the loss of business but didn't want to fire his waiter. He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS, even though AIDS had been specifically included in the regulations. Which of the following is incorrect with respect to Sam's legal position?

Accepted Answer

A)  Sam can reopen the restaurant. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  Sam can challenge the action even though the closure was authorized in the regulations. 
A)  Sam can reopen the restaurant. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  Sam can challenge the action even though the closure was authorized in the regulations. C

Question 4

How is the procedure in small claims court different from that followed in superior trial court?

Accepted Answer

It is simp

Question 5

Explain why the courts are open to the public and press.

Accepted Answer

Justice must not onl

Question 6

Describe the types of remedies that can be requested by a plaintiff in a civil action.

Accepted Answer

The most common remedy requested is dama

Question 7

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides.

Accepted Answer

A) True 
 B)False

Question 8

With regard to the process of a civil law suit in a superior court, which of the following is false?

Accepted Answer

A)  The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
B)  A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery. 
C)  Court costs are always an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. 
D)  Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
E)  If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial. He merely reads the admissions from the transcript of the examinations. 
A)  The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
B)  A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery. 
C)  Court costs are always an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. 
D)  Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
E)  If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial. He merely reads the admissions from the transcript of the examinations.

Question 9

Distinguish between a question of fact and a question of law.

Accepted Answer

A question of fact relates to what happe

Question 10

Jones operated a local movie theatre in a small town that had fallen on hard times. As a last ditch effort to attract customers, he decided to show pornographic movies. From the week the change was made, the theatre had to turn away customers on a regular basis. The local town council was quite upset, however, especially since a number of them represented a conservative and religious constituency. They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that. They then decided to increase the licence fee from the regular $50 per year to $15,000 per year. Jones was notified of the fact that this course of action was being considered, and he was given a chance to appear before the council to state his case. He did so, but the council decided to go ahead with the decision in any case. This, of course, would force Jones out of business, and so Jones, after exhausting any local remedies and appeals, took the matter to court. Which of the following accurately indicates the legal position of the parties?

Accepted Answer

A)  Jones will be successful and will seek an order of mandamus. 
B)  Jones will be successful since this is an attempt by a municipal council to indirectly pass criminal law, which is under federal jurisdiction. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will not be successful since the decision has been made and he has exhausted his remedies. 
A)  Jones will be successful and will seek an order of mandamus. 
B)  Jones will be successful since this is an attempt by a municipal council to indirectly pass criminal law, which is under federal jurisdiction. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will not be successful since the decision has been made and he has exhausted his remedies.

Question 11

Describe the process of obtaining judicial review, including the historical prerogative writs.

Accepted Answer

Historically, judicial review involved o

Question 12

Garnishment involves the interception of funds owed to the judgment debtor.

Accepted Answer

A) True 
 B)False

Question 13

A negotiation will most likely lead to agreement when the parties are

Accepted Answer

A)  aggressive. 
B)  uncommunicative. 
C)  coercive. 
D)  vulnerable. 
E)  equal in power. 
A)  aggressive. 
B)  uncommunicative. 
C)  coercive. 
D)  vulnerable. 
E)  equal in power.

Question 14

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Accepted Answer

A) True 
 B)False

Question 15

Some businesses may be subject to both federal and provincial regulations.

Accepted Answer

A) True 
 B)False

Question 16

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can sue where the defendant resides or where the cause of action arose.

Accepted Answer

A) True 
 B)False

Question 17

Who are the parties in a civil action?

Accepted Answer

Plaintiff

Question 18

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

Accepted Answer

A) True 
 B)False

Question 19

Mr. Holden, a program developer, developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months-until a competitor came out with a cheaper program. In time, he could not pay his debts when they became due and owing. A supplier sued for damages and was awarded judgment for $21,000. Holden did not pay. With regard to the supplier's position at this time, which of the following is false?

Accepted Answer

A)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
B)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
C)  The supplier could examine Holden under oath about his assets and sources of income. 
D)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E)  The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt. 
A)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
B)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
C)  The supplier could examine Holden under oath about his assets and sources of income. 
D)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E)  The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt.

Question 20

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

Accepted Answer

A)  The Court set aside the decision and ordered another hearing be held since there was a reasonable apprehension of bias. 
B)  The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms. 
C)  The Court confirmed the decision because the immigration officer had acted appropriately. 
D)  The Court confirmed the decision because the process followed by the hearing was proper in the circumstances. 
E)  The Court declined to hear the case because Courts have no authority review board decisions. 
A)  The Court set aside the decision and ordered another hearing be held since there was a reasonable apprehension of bias. 
B)  The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms. 
C)  The Court confirmed the decision because the immigration officer had acted appropriately. 
D)  The Court confirmed the decision because the process followed by the hearing was proper in the circumstances. 
E)  The Court declined to hear the case because Courts have no authority review board decisions.

Which of the following statements concerning limitation periods is true?

When a person is found not guilty in a criminal matter, he or she can no longer be sued civilly.

How is the procedure in small claims court different from that followed in superior trial court?

Explain why the courts are open to the public and press.

Describe the types of remedies that can be requested by a plaintiff in a civil action.

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides.

With regard to the process of a civil law suit in a superior court, which of the following is false?

Distinguish between a question of fact and a question of law.

Describe the process of obtaining judicial review, including the historical prerogative writs.

Garnishment involves the interception of funds owed to the judgment debtor.

A negotiation will most likely lead to agreement when the parties are

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Some businesses may be subject to both federal and provincial regulations.

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can sue where the defendant resides or where the cause of action arose.

Who are the parties in a civil action?

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 3: The Resolution of Disputes: the Courts and Alternatives to Litigation

Which of the following statements concerning limitation periods is true?

When a person is found not guilty in a criminal matter, he or she can no longer be sued civilly.

How is the procedure in small claims court different from that followed in superior trial court?

Explain why the courts are open to the public and press.

Describe the types of remedies that can be requested by a plaintiff in a civil action.

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides.

With regard to the process of a civil law suit in a superior court, which of the following is false?

Distinguish between a question of fact and a question of law.

Describe the process of obtaining judicial review, including the historical prerogative writs.

Garnishment involves the interception of funds owed to the judgment debtor.

A negotiation will most likely lead to agreement when the parties are

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Some businesses may be subject to both federal and provincial regulations.

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can sue where the defendant resides or where the cause of action arose.

Who are the parties in a civil action?

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters