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

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People are generally more willing to comply with court decisions than mediated agreements.

(True/False)
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Explain under what circumstances the courts may be closed to the public and press.

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Explain what happens in an examination in aid of execution (examination in aid of enforcement, or questioning of debtor in Alberta).

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Who are the parties to the appeal of a civil action?

(Short Answer)
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What is the jurisdiction of the highest court in Canada?

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Which of the following is correct with respect to the use of a jury in your province?

(Multiple Choice)
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What is meant by mandamus?

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Which of the following is an advantage of the mediation process?

(Multiple Choice)
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Distinguish between the role of the judge and that of the jury in a civil dispute.

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When a court has to decide in a battery assault action whether Joe really did hit James, this is a question of law.

(True/False)
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Distinguish between mediation and arbitration.

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There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process?

(Multiple Choice)
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(Modify this question for your province.) Which of the following is the document that initiates a court action in this jurisdiction?

(Multiple Choice)
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What does arbitration require in order to be effective?

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Solicitor-client costs are those most commonly awarded.

(True/False)
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When a court has to decide in a battery case whether Joe really did hit James, this is an example of a question of fact.

(True/False)
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Indicate the jurisdiction of the Federal Court.

(Essay)
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Describe the process involved when one person sues another in a civil action.

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When a cause of action arises in some other province in Canada, where can the victim bring the action?

(Essay)
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Which of the following is correct with respect to our courts?

(Multiple Choice)
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