Question 1

What is meant by prohibition?

Accepted Answer

Prohibition is an order by the court ordering a decision maker or bureaucrat not to go through with the decision making process and to halt the process.

Question 2

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

Accepted Answer

The most common remedy requested is damages (monetary payment). General damages are based on precedents. Special damages are designed to reimburse the plaintiff for specific costs incurred. Punitive (or exemplary) damages are intended to punish the wrongdoer. Other remedies that may be requested include an accounting (payment over of profits wrongfully obtained), an injunction (ordering that wrongful conduct be stopped), specific performance (compelling performance of a legal obligation), and declarations (as to the law or legal rights of the parties).

Question 3

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. C

Question 4

When a government administrator refuses to make a decision that she is required to make by statute, which of the following remedies is the appropriate one to obtain from the courts?

Accepted Answer

A)  Mandamus 
B)  Certiorari 
C)  Declaratory judgment 
D)  Prohibition 
E)  Injunction 
A)  Mandamus 
B)  Certiorari 
C)  Declaratory judgment 
D)  Prohibition 
E)  Injunction

Question 5

Mandamus involves the decision of the decision maker being quashed or of no effect.

Accepted Answer

A) True 
 B)False

Question 6

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 7

The decision of an administrative tribunal may be challenged because of an abuse of discretionary power.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following best describes the process of mediation?

Accepted Answer

A)  Rigid 
B)  Structured 
C)  Cooperative/flexible 
D)  Time-consuming 
E)  Controversial 
A)  Rigid 
B)  Structured 
C)  Cooperative/flexible 
D)  Time-consuming 
E)  Controversial

Question 9

Several provinces have implemented mental health courts. These specialized courts focus on

Accepted Answer

A)  cases involving aboriginal offenders and victims. 
B)  the treatment and rehabilitation of those who have committed criminal acts due to mental disorders. 
C)  the punishment of those who have committed criminal acts due to mental disorders. 
D)  single-level courts whereby judges in these courts are given the powers of both the superior trial courts and territorial courts for those with mental disorders. 
E)  domestic violence cases involving spousal, elder, and child abuse. 
A)  cases involving aboriginal offenders and victims. 
B)  the treatment and rehabilitation of those who have committed criminal acts due to mental disorders. 
C)  the punishment of those who have committed criminal acts due to mental disorders. 
D)  single-level courts whereby judges in these courts are given the powers of both the superior trial courts and territorial courts for those with mental disorders. 
E)  domestic violence cases involving spousal, elder, and child abuse.

Question 10

Which of the following accurately reflects a recent change to the court system?

Accepted Answer

A)  Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. 
B)  Unified family courts have made the court process significantly more complicated because of added court procedure and complex rules. 
C)  Drug treatment courts have been established in certain jurisdictions. These courts emphasize lengthy jail time and other severe penalties. 
D)  The Nunavut Court of Justice is Canada's first single-level court. 
E)  Sentencing circles are "circuit courts" that travel throughout rural areas to hear cases. 
A)  Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. 
B)  Unified family courts have made the court process significantly more complicated because of added court procedure and complex rules. 
C)  Drug treatment courts have been established in certain jurisdictions. These courts emphasize lengthy jail time and other severe penalties. 
D)  The Nunavut Court of Justice is Canada's first single-level court. 
E)  Sentencing circles are "circuit courts" that travel throughout rural areas to hear cases.

Question 11

Negotiation only works when both parties are willing to make concessions.

Accepted Answer

A) True 
 B)False

Question 12

Distinguish between mediation and arbitration.

Accepted Answer

Mediation involves someone trying to hel

Question 13

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Accepted Answer

A) True 
 B)False

Question 14

Indicate under what circumstances the public can be excluded from our courtrooms.

Accepted Answer

When children are involved or in rare ci

Question 15

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 16

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

Accepted Answer

A) True 
 B)False

Question 17

(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 18

What is the effect of failure to adhere to a limitation period?

Accepted Answer

Once the limitation

Question 19

Explain what is meant by a privative clause.

Accepted Answer

A privative clause is a clause

Question 20

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

Accepted Answer

A)  Juries may be available in both criminal and civil matters at the superior court trial level. 
B)  A jury can be used at the provincial court level in criminal matters only. 
C)  A jury can be used at the superior court trial level, but only for criminal matters. 
D)  A jury can be used only at the court of appeal level. 
E)  Juries are no longer used in Canadian courts. 
A)  Juries may be available in both criminal and civil matters at the superior court trial level. 
B)  A jury can be used at the provincial court level in criminal matters only. 
C)  A jury can be used at the superior court trial level, but only for criminal matters. 
D)  A jury can be used only at the court of appeal level. 
E)  Juries are no longer used in Canadian courts.

What is meant by prohibition?

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

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

When a government administrator refuses to make a decision that she is required to make by statute, which of the following remedies is the appropriate one to obtain from the courts?

Mandamus involves the decision of the decision maker being quashed or of no effect.

The decision of an administrative tribunal may be challenged because of an abuse of discretionary power.

Which of the following best describes the process of mediation?

Several provinces have implemented mental health courts. These specialized courts focus on

Which of the following accurately reflects a recent change to the court system?

Negotiation only works when both parties are willing to make concessions.

Distinguish between mediation and arbitration.

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Indicate under what circumstances the public can be excluded from our courtrooms.

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

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

What is the effect of failure to adhere to a limitation period?

Explain what is meant by a privative clause.

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

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

What is meant by prohibition?

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

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

When a government administrator refuses to make a decision that she is required to make by statute, which of the following remedies is the appropriate one to obtain from the courts?

Mandamus involves the decision of the decision maker being quashed or of no effect.

The decision of an administrative tribunal may be challenged because of an abuse of discretionary power.

Which of the following best describes the process of mediation?

Several provinces have implemented mental health courts. These specialized courts focus on

Which of the following accurately reflects a recent change to the court system?

Negotiation only works when both parties are willing to make concessions.

Distinguish between mediation and arbitration.

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Indicate under what circumstances the public can be excluded from our courtrooms.

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

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

What is the effect of failure to adhere to a limitation period?

Explain what is meant by a privative clause.

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

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