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

Explain the difference between regulatory offences and criminal law.

Discuss what constitutes a fair hearing.

Both the federal and provincial governments have administrative tribunals that can affect us.

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

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

Explain what is meant by a "garnish."

Name the Federal Courts.

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

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.

Juries are limited to criminal matters.

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?

Distinguish the prerogative writ certiorari from mandamus.

(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?

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

The procedure that allows a judgment creditor to ask a judgment debtor about his income, property, and debts is which of the following?

Describe the process of obtaining judicial review, including the historical prerogative writs.

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

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Which of the following statements concerning limitation periods is true?

Joe owns a house and wants to make an addition that would double its size. He applies to the city hall for a building permit but is amazed by a new policy instituted by the engineering department that restricts the size of all buildings to 50% of the lot size. This is considerably less than what he wants, and his request for a building permit is refused. Angry, he decides to proceed anyway. Later, Joe finds out from a friend that on the agenda for the next closed session of council (to be held in two days) there is a request for an order to set an example of Joe and to demolish his addition. What should Joe do with respect to his legal position?