Question 1

Which of the following is correct with respect to the function of our court system?

Accepted Answer

A)  The court must be satisfied that it was more probable that the accused committed the crime than not. 
B)  The court must be satisfied that the plaintiff's position is correct on the balance of probabilities. 
C)  A jury can only be used in a criminal matter. 
D)  A victim is the plaintiff in a criminal matter. 
E)  The victim of the crime is the one who prosecutes the action in the court. 
A)  The court must be satisfied that it was more probable that the accused committed the crime than not. 
B)  The court must be satisfied that the plaintiff's position is correct on the balance of probabilities. 
C)  A jury can only be used in a criminal matter. 
D)  A victim is the plaintiff in a criminal matter. 
E)  The victim of the crime is the one who prosecutes the action in the court.

Question 2

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

Accepted Answer

Small claims courts have a limited, some

Question 3

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

Accepted Answer

Any concession, admission, or

Question 4

The principles of fundamental justice include procedural fairness and natural justice rules.

Accepted Answer

A) True 
 B)False

Question 5

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

Accepted Answer

The superior trial court is a court and

Question 6

A requirement of the rules of natural justice is that the decision be made by the persons hearing all the evidence.

Accepted Answer

A) True 
 B)False

Question 7

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

Accepted Answer

A)  If she is charged criminally for drunk driving and found not guilty, that is the end of the matter. She cannot be sued civilly. 
B)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
C)  If she is charged criminally and found not guilty, she can still be sued for negligence by the injured driver. 
D)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
E)  The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally. 
A)  If she is charged criminally for drunk driving and found not guilty, that is the end of the matter. She cannot be sued civilly. 
B)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
C)  If she is charged criminally and found not guilty, she can still be sued for negligence by the injured driver. 
D)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
E)  The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally.

Question 8

Which of the following is true with regard to our court system?

Accepted Answer

A)  There is no maximum monetary limit on a matter before the superior trial court of a province. 
B)  The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. 
C)  Only the plaintiff could appeal a decision of a judge of the provincial court. 
D)  If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. 
E)  At the court of appeal level, judges are only bound by statute law. 
A)  There is no maximum monetary limit on a matter before the superior trial court of a province. 
B)  The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. 
C)  Only the plaintiff could appeal a decision of a judge of the provincial court. 
D)  If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. 
E)  At the court of appeal level, judges are only bound by statute law.

Question 9

Max operated a movie theatre in a small community and, because of financial problems, decided to show pornographic movies. The citizens were outraged when they learned about the change and demanded that the police close down the store. The police refused, saying there was no law against it. The citizens then persuaded the town council to pass a bylaw making such immoral activities a crime. This was done, and Max was ordered by the police to close down the theatre. Which of the following accurately describes Max's legal position?

Accepted Answer

A)  He must close down the theatre because the town council has the power to require him to conform to such a provision. 
B)  He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. 
C)  He can obtain a court order to stay open because the town council had no power to make such activities a crime. 
D)  He can stay open but cannot advertise in any way to promote this activity. 
E)  Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants. 
A)  He must close down the theatre because the town council has the power to require him to conform to such a provision. 
B)  He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. 
C)  He can obtain a court order to stay open because the town council had no power to make such activities a crime. 
D)  He can stay open but cannot advertise in any way to promote this activity. 
E)  Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants.

Question 10

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

Accepted Answer

Rarely will this be allowed. Usually a p

Question 11

What is a statement of claim?

Accepted Answer

The statement of claim is the document w

Question 12

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

Accepted Answer

Lead the w

Question 13

Which of the following is correct with respect to the enforcement of judgments?

Accepted Answer

A)  The parties to a contract can specify that the laws of another jurisdiction are to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  To enforce a judgment in another jurisdiction, that case must always be heard all over again. 
A)  The parties to a contract can specify that the laws of another jurisdiction are to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  To enforce a judgment in another jurisdiction, that case must always be heard all over again.

Question 14

Juries are no longer used in Canada.

Accepted Answer

A) True 
 B)False

Question 15

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes,

Accepted Answer

A)  specific performance should not always be considered the appropriate remedy. 
B)  specific performance is the only possible remedy. 
C)  damages and specific performance must both be awarded. 
D)  neither damages nor specific performance will ever be available. 
E)  only alternative dispute resolution is possible. 
A)  specific performance should not always be considered the appropriate remedy. 
B)  specific performance is the only possible remedy. 
C)  damages and specific performance must both be awarded. 
D)  neither damages nor specific performance will ever be available. 
E)  only alternative dispute resolution is possible.

Question 16

How is an action usually started?

Accepted Answer

In some jurisdictions, a writ

Question 17

What is a counterclaim?

Accepted Answer

If the defence feels that they not only

Question 18

Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

Accepted Answer

The first alternative is for the parties

Question 19

The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings.

Accepted Answer

A) True 
 B)False

Question 20

Juries are limited to criminal matters.

Accepted Answer

A) True 
 B)False

Which of the following is correct with respect to the function of our court system?

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

The principles of fundamental justice include procedural fairness and natural justice rules.

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

A requirement of the rules of natural justice is that the decision be made by the persons hearing all the evidence.

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

Which of the following is true with regard to our court system?

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

What is a statement of claim?

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

Which of the following is correct with respect to the enforcement of judgments?

Juries are no longer used in Canada.

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes,

How is an action usually started?

What is a counterclaim?

Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings.

Juries are limited to criminal matters.

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 is correct with respect to the function of our court system?

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

The principles of fundamental justice include procedural fairness and natural justice rules.

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

A requirement of the rules of natural justice is that the decision be made by the persons hearing all the evidence.

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

Which of the following is true with regard to our court system?

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

What is a statement of claim?

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

Which of the following is correct with respect to the enforcement of judgments?

Juries are no longer used in Canada.

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes,

How is an action usually started?

What is a counterclaim?

Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings.

Juries are limited to criminal matters.

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