Question 1

Indicate two alternatives to court action.

Accepted Answer

Negotiatio

Question 2

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways. His application was refused. Which of the following would not be a ground upon which the decision of that clerk could be challenged?

Accepted Answer

A)  The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make. 
B)  The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments. 
C)  The clerk owned his own large truck that operated in competition with Joe in the same small community. 
D)  The clerk noticed Joe had not completed continuing driving education, as required by regulation. 
E)  The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance. 
A)  The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make. 
B)  The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments. 
C)  The clerk owned his own large truck that operated in competition with Joe in the same small community. 
D)  The clerk noticed Joe had not completed continuing driving education, as required by regulation. 
E)  The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance.

Question 3

Mediation is a concept developed in the past decade.

Accepted Answer

A) True 
 B)False

Question 4

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Accepted Answer

A) True 
 B)False

Question 5

Indicate three of the requirements of the rules of natural justice.

Accepted Answer

A fair hearing with adequate n

Question 6

Which of the following is not one of the requirements of natural justice?

Accepted Answer

A)  Notice of the hearing 
B)  An opportunity to present your side 
C)  The rules of evidence be adhered to 
D)  The decision be made free from bias 
E)  The evidence be heard by the person making the decision 
A)  Notice of the hearing 
B)  An opportunity to present your side 
C)  The rules of evidence be adhered to 
D)  The decision be made free from bias 
E)  The evidence be heard by the person making the decision

Question 7

Indicate the jurisdiction of the Small Claims Court in your area.

Accepted Answer

This will vary from province t

Question 8

A jury is not available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 9

Distinguish the prerogative writ certiorari from mandamus.

Accepted Answer

Certiorari involves an order t

Question 10

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

Accepted Answer

A) True 
 B)False

Question 11

All methods of execution or enforcement require that a judgment first be obtained.

Accepted Answer

A) True 
 B)False

Question 12

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation proceeds.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following statements is true?

Accepted Answer

A)  Use of ADR precludes parties from litigating. 
B)  The rules of precedent apply to arbitration hearings. 
C)  Mediators have the power to enforce decisions. 
D)  ADR methods are less costly than adjudication. 
E)  The public is entitled to know the result of mediated cases. 
A)  Use of ADR precludes parties from litigating. 
B)  The rules of precedent apply to arbitration hearings. 
C)  Mediators have the power to enforce decisions. 
D)  ADR methods are less costly than adjudication. 
E)  The public is entitled to know the result of mediated cases.

Question 14

What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged?

Accepted Answer

Did the bureaucrat act within

Question 15

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Accepted Answer

International business dealings are more

Question 16

Explain what is meant by costs when they are awarded in a court action.

Accepted Answer

The winning party usually is compensated

Question 17

Which of the following is false with regard to administrative law?

Accepted Answer

A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  A writ of mandamus can force the administrator to perform his or her duty. 
C)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made. 
A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  A writ of mandamus can force the administrator to perform his or her duty. 
C)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made.

Question 18

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of law.

Accepted Answer

A) True 
 B)False

Question 19

Describe the options available to a judgment creditor in respect of the enforcement of judgments.

Accepted Answer

A judgment debtor's property can be seiz

Question 20

Prerogative writs are the remedies available when a duty to act fairly has not been met.

Accepted Answer

A) True 
 B)False

Indicate two alternatives to court action.

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways. His application was refused. Which of the following would not be a ground upon which the decision of that clerk could be challenged?

Mediation is a concept developed in the past decade.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Indicate three of the requirements of the rules of natural justice.

Which of the following is not one of the requirements of natural justice?

Indicate the jurisdiction of the Small Claims Court in your area.

A jury is not available in civil disputes.

Distinguish the prerogative writ certiorari from mandamus.

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

All methods of execution or enforcement require that a judgment first be obtained.

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation proceeds.

Which of the following statements is true?

What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged?

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Explain what is meant by costs when they are awarded in a court action.

Which of the following is false with regard to administrative law?

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of law.

Describe the options available to a judgment creditor in respect of the enforcement of judgments.

Prerogative writs are the remedies available when a duty to act fairly has not been met.

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

Indicate two alternatives to court action.

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways. His application was refused. Which of the following would not be a ground upon which the decision of that clerk could be challenged?

Mediation is a concept developed in the past decade.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Indicate three of the requirements of the rules of natural justice.

Which of the following is not one of the requirements of natural justice?

Indicate the jurisdiction of the Small Claims Court in your area.

A jury is not available in civil disputes.

Distinguish the prerogative writ certiorari from mandamus.

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

All methods of execution or enforcement require that a judgment first be obtained.

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation proceeds.

Which of the following statements is true?

What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged?

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Explain what is meant by costs when they are awarded in a court action.

Which of the following is false with regard to administrative law?

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of law.

Describe the options available to a judgment creditor in respect of the enforcement of judgments.

Prerogative writs are the remedies available when a duty to act fairly has not been met.

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