Question 1

Distinguish between the executive and legislative branches of government.

Accepted Answer

Federally, the legislative branch is par

Question 2

What is the standard of proof used in a criminal matter?

Accepted Answer

Beyond a r

Question 3

(Modify this question for your province.) Which of the following is false with respect to our court system?

Accepted Answer

A)  A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. 
B)  The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. 
C)  A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on a case with similar facts. 
D)  There is no monetary limitation on the B.C. Supreme Court. 
E)  The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies. 
A)  A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. 
B)  The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. 
C)  A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on a case with similar facts. 
D)  There is no monetary limitation on the B.C. Supreme Court. 
E)  The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies.

Question 4

The Tax Court of Canada is considered a superior court.

Accepted Answer

A) True 
 B)False

Question 5

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

Accepted Answer

A) True 
 B)False

Question 6

(Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province?

Accepted Answer

A)  The small claims court 
B)  The family court 
C)  The superior trial court 
D)  The surrogate court 
E)  The youth court 
A)  The small claims court 
B)  The family court 
C)  The superior trial court 
D)  The surrogate court 
E)  The youth court

Question 7

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

Accepted Answer

A) True 
 B)False

Question 8

Hao wants to negotiate a settlement but he lacks skill and experience as a negotiator. What option is available to him?

Accepted Answer

He can neg

Question 9

Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to date on the relevant legal issues facing her business, but she always acted ethically and treated her customers well. After a number of notices from the municipality went unanswered, Sandamali had her business licence withdrawn. Which of the following would not be grounds upon which she might challenge the decision?

Accepted Answer

A)  The legislation was intra vires. 
B)  The regulations relied on were not authorized by statute. 
C)  The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power. 
D)  The legislation was invalid under the Charter of Rights and Freedoms. 
E)  The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act, 1867. 
A)  The legislation was intra vires. 
B)  The regulations relied on were not authorized by statute. 
C)  The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power. 
D)  The legislation was invalid under the Charter of Rights and Freedoms. 
E)  The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act, 1867.

Question 10

A jury is only available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 11

Being charged with speeding is an example of a civil dispute.

Accepted Answer

A) True 
 B)False

Question 12

A privative clause is which of the following?

Accepted Answer

A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
E)  Privative clauses are those sections of the Charter with respect to personal freedoms. 
A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
E)  Privative clauses are those sections of the Charter with respect to personal freedoms.

Question 13

Taisa is a massage therapist who runs a successful business from her home. One of her long-time clients, Greg, owes her a considerable sum of money relating to unpaid massage therapy sessions. Greg is reluctant to pay because he is unhappy with the services he has received. Which of the following is true?

Accepted Answer

A)  If her primary concern is to preserve her relationship with Greg, Taisa should consider an alternative form of dispute resolution. 
B)  If her primary concern is to keep costs low, Taisa should commence a civil action against Greg as soon as possible. 
C)  If her primary concern is to ensure the dispute is kept private, Taisa should commence a civil action against Greg. 
D)  If her primary concern is the ability to appeal the decision made, Taisa should consider an alternative form of dispute resolution. 
E)  Taisa needs to commence a civil action, as alternative forms of dispute resolution are not available in commercial disputes. 
A)  If her primary concern is to preserve her relationship with Greg, Taisa should consider an alternative form of dispute resolution. 
B)  If her primary concern is to keep costs low, Taisa should commence a civil action against Greg as soon as possible. 
C)  If her primary concern is to ensure the dispute is kept private, Taisa should commence a civil action against Greg. 
D)  If her primary concern is the ability to appeal the decision made, Taisa should consider an alternative form of dispute resolution. 
E)  Taisa needs to commence a civil action, as alternative forms of dispute resolution are not available in commercial disputes.

Question 14

Judicial review is an appeal of the decision to a higher court.

Accepted Answer

A) True 
 B)False

Question 15

The federal government appoints all judges in Canada.

Accepted Answer

A) True 
 B)False

Question 16

Describe the limits on the jurisdiction of the superior trial court in your province.

Accepted Answer

There are no general limitations except

Question 17

Explain the difference between regulatory offences and criminal law.

Accepted Answer

Regulatory offences are sometimes called

Question 18

Who brings a civil action?

Accepted Answer

The answer of Who brings a civil action?...

Question 19

Contrast the position of the victim in a criminal and a civil trial.

Accepted Answer

In a civil trial, the victim i

Question 20

How do the courts react to privative clauses?

Accepted Answer

The courts are reluctant to ha

Distinguish between the executive and legislative branches of government.

What is the standard of proof used in a criminal matter?

(Modify this question for your province.) Which of the following is false with respect to our court system?

The Tax Court of Canada is considered a superior court.

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

(Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province?

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

Hao wants to negotiate a settlement but he lacks skill and experience as a negotiator. What option is available to him?

A jury is only available in civil disputes.

Being charged with speeding is an example of a civil dispute.

A privative clause is which of the following?

Judicial review is an appeal of the decision to a higher court.

The federal government appoints all judges in Canada.

Describe the limits on the jurisdiction of the superior trial court in your province.

Explain the difference between regulatory offences and criminal law.

Who brings a civil action?

Contrast the position of the victim in a criminal and a civil trial.

How do the courts react to privative clauses?

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

Distinguish between the executive and legislative branches of government.

What is the standard of proof used in a criminal matter?

(Modify this question for your province.) Which of the following is false with respect to our court system?

The Tax Court of Canada is considered a superior court.

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

(Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province?

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

Hao wants to negotiate a settlement but he lacks skill and experience as a negotiator. What option is available to him?

A jury is only available in civil disputes.

Being charged with speeding is an example of a civil dispute.

A privative clause is which of the following?

Judicial review is an appeal of the decision to a higher court.

The federal government appoints all judges in Canada.

Describe the limits on the jurisdiction of the superior trial court in your province.

Explain the difference between regulatory offences and criminal law.

Who brings a civil action?

Contrast the position of the victim in a criminal and a civil trial.

How do the courts react to privative clauses?

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