Question 1

What is the highest court in Canada?

Accepted Answer

Supreme Co

Question 2

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

Accepted Answer

A) True 
 B)False

Question 3

In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to them by the other party's lawyer is known as which of the following?

Accepted Answer

A)  Stare decisis 
B)  The appearance 
C)  Default judgment 
D)  Examination for discovery 
E)  The statement of defence 
A)  Stare decisis 
B)  The appearance 
C)  Default judgment 
D)  Examination for discovery 
E)  The statement of defence

Question 4

A jury is only available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following statements is correct with respect to the functions of government?

Accepted Answer

A)  The executive branch of government consists solely of those senior clerks working for the ministers. 
B)  The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. 
C)  The judicial branch of government consists of the police forces and the RCMP. 
D)  The executive branch of government consists of the federal parliament and the provincial legislative assemblies. 
E)  The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation. 
A)  The executive branch of government consists solely of those senior clerks working for the ministers. 
B)  The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. 
C)  The judicial branch of government consists of the police forces and the RCMP. 
D)  The executive branch of government consists of the federal parliament and the provincial legislative assemblies. 
E)  The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation.

Question 6

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?

Accepted Answer

A)  A speedier method of obtaining resolution of a dispute 
B)  A less costly method of obtaining a resolution to a dispute 
C)  A method of dispute resolution where both parties are more likely to be satisfied with the outcome 
D)  Enforcement of the decision has direct mechanisms 
E)  Confidentiality is protected 
A)  A speedier method of obtaining resolution of a dispute 
B)  A less costly method of obtaining a resolution to a dispute 
C)  A method of dispute resolution where both parties are more likely to be satisfied with the outcome 
D)  Enforcement of the decision has direct mechanisms 
E)  Confidentiality is protected

Question 7

What is a counterclaim?

Accepted Answer

If the defence feels that they not only

Question 8

A case in which a businessperson is being prosecuted for fraud would be held in a criminal court.

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

There are no general limitations except

Question 11

How is the procedure in small claims court different from that followed in superior trial court?

Accepted Answer

It is simp

Question 12

Sam operated a restaurant and George, a health inspector, visited the premises. Finding that one of the waiters had AIDS, George ordered the restaurant closed, using a section of the regulations allowing such closures to prevent the spread of contagious diseases. Sam was very unhappy about the loss of business but didn't want to fire his waiter. He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS, even though AIDS had been specifically included in the regulations. Which of the following is incorrect with respect to Sam's legal position?

Accepted Answer

A)  Sam can reopen the restaurant. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  Sam can challenge the action even though the closure was authorized in the regulations. 
A)  Sam can reopen the restaurant. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  Sam can challenge the action even though the closure was authorized in the regulations.

Question 13

Because the federal government has been given power over the courts, the court structure is the same in each province.

Accepted Answer

A) True 
 B)False

Question 14

A jury is not available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 15

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

Accepted Answer

A)  if a claim was filed after the expiration of the limitation period, and the special circumstances doctrine no longer applied, the action would be prohibited. 
B)  there is no limitation period to civil cases. 
C)  when a person sues for negligence, there must also be a breach of contract or the action will fail. 
D)  limitation periods do not apply to negligence claims. 
E)  limitation periods do not apply to claims for breach of contract. 
A)  if a claim was filed after the expiration of the limitation period, and the special circumstances doctrine no longer applied, the action would be prohibited. 
B)  there is no limitation period to civil cases. 
C)  when a person sues for negligence, there must also be a breach of contract or the action will fail. 
D)  limitation periods do not apply to negligence claims. 
E)  limitation periods do not apply to claims for breach of contract.

Question 16

A case in which one person sues another for breach of contract would be conducted in a civil court.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is False with regard to administrative law?

Accepted Answer

A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  A writ of mandamus can force the administrator to perform his or her duty. 
C)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made. 
A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  A writ of mandamus can force the administrator to perform his or her duty. 
C)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made.

Question 18

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 19

What is the standard of proof used in a civil action?

Accepted Answer

Balance of

Question 20

The Tax Court of Canada is considered a superior court.

Accepted Answer

A) True 
 B)False

What is the highest court in Canada?

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to them by the other party's lawyer is known as which of the following?

A jury is only available in civil disputes.

Which of the following statements is correct with respect to the functions of government?

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?

What is a counterclaim?

A case in which a businessperson is being prosecuted for fraud would be held in a criminal court.

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

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

How is the procedure in small claims court different from that followed in superior trial court?

Because the federal government has been given power over the courts, the court structure is the same in each province.

A jury is not available in civil disputes.

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

A case in which one person sues another for breach of contract would be conducted in a civil court.

Which of the following is False with regard to administrative law?

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

What is the standard of proof used in a civil action?

The Tax Court of Canada is considered a superior court.

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 the highest court in Canada?

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to them by the other party's lawyer is known as which of the following?

A jury is only available in civil disputes.

Which of the following statements is correct with respect to the functions of government?

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?

What is a counterclaim?

A case in which a businessperson is being prosecuted for fraud would be held in a criminal court.

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

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

How is the procedure in small claims court different from that followed in superior trial court?

Because the federal government has been given power over the courts, the court structure is the same in each province.

A jury is not available in civil disputes.

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

A case in which one person sues another for breach of contract would be conducted in a civil court.

Which of the following is False with regard to administrative law?

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

What is the standard of proof used in a civil action?

The Tax Court of Canada is considered a superior court.

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