Question 1

A negotiation will most likely lead to agreement when the parties are

Accepted Answer

A)  aggressive. 
B)  uncommunicative. 
C)  coercive. 
D)  vulnerable. 
E)  equal in power. 
A)  aggressive. 
B)  uncommunicative. 
C)  coercive. 
D)  vulnerable. 
E)  equal in power.

Question 2

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Accepted Answer

1. Where the decision maker has no autho

Question 3

Explain any limitations on the superior trial court of the province.

Accepted Answer

They have complete jurisdictio

Question 4

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of fact.

Accepted Answer

A) True 
 B)False

Question 5

What does successful mediation require?

Accepted Answer

Mediation requires a

Question 6

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Accepted Answer

In fact, there are arguments on both sid

Question 7

Prerogative writs are the remedies available when a duty to act fairly has not been met.

Accepted Answer

A) True 
 B)False

Question 8

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

Accepted Answer

A)  Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it. 
B)  Joe, a student, was refused a graduate research grant to study the Muslim religion by a government funding body because it was inappropriate, Joe being Jewish. 
C)  Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute. 
D)  Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality. 
E)  Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee. 
A)  Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it. 
B)  Joe, a student, was refused a graduate research grant to study the Muslim religion by a government funding body because it was inappropriate, Joe being Jewish. 
C)  Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute. 
D)  Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality. 
E)  Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee.

Question 9

Indicate the advantages of mediation and arbitration over judicial process.

Accepted Answer

Less confrontation, less break

Question 10

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

Accepted Answer

A)  fundamental justice 
B)  procedural fairness 
C)  procedural justice 
D)  natural justice 
E)  ADR 
A)  fundamental justice 
B)  procedural fairness 
C)  procedural justice 
D)  natural justice 
E)  ADR

Question 11

(Modify this question for your province.) Fred sold Carole some computer equipment and software for $900. After she paid $300, Carole quit paying. When she had no complaint about the items but just wouldn't pay, Fred decided to sue. He would most likely begin his action in

Accepted Answer

A)  Small Claims Division, Provincial Court. 
B)  Criminal Division, Provincial Court. 
C)  B.C. Supreme Court. 
D)  B.C. Court of Appeal. 
E)  Federal Court. 
A)  Small Claims Division, Provincial Court. 
B)  Criminal Division, Provincial Court. 
C)  B.C. Supreme Court. 
D)  B.C. Court of Appeal. 
E)  Federal Court.

Question 12

What is the major requirement for the rules of natural justice?

Accepted Answer

That the person being affected

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

Indicate the jurisdiction of the Federal Court of Appeal.

Accepted Answer

It hears appeals from the Fede

Question 15

Which of the following is not a rule of natural justice?

Accepted Answer

A)  A person affected by a decision must be notified that the decision is to be made. 
B)  A person must be given an opportunity to put his side forward. 
C)  A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend himself. 
D)  A person must be allowed to retain a lawyer. 
E)  The decision maker must be impartial. 
A)  A person affected by a decision must be notified that the decision is to be made. 
B)  A person must be given an opportunity to put his side forward. 
C)  A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend himself. 
D)  A person must be allowed to retain a lawyer. 
E)  The decision maker must be impartial.

Question 16

A court will invariably disregard a mediated settlement.

Accepted Answer

A) True 
 B)False

Question 17

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 18

Describe recent developments in Canada's court systems made by various governments.

Accepted Answer

Students should review the variety of in

Question 19

Which of the following is true with regard to our court system?

Accepted Answer

A)  There is no maximum monetary limit on a matter before the superior trial court of a province. 
B)  The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. 
C)  Only the plaintiff could appeal a decision of a judge of the provincial court. 
D)  If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. 
E)  At the court of appeal level, judges are only bound by statute law. 
A)  There is no maximum monetary limit on a matter before the superior trial court of a province. 
B)  The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. 
C)  Only the plaintiff could appeal a decision of a judge of the provincial court. 
D)  If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. 
E)  At the court of appeal level, judges are only bound by statute law.

Question 20

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Accepted Answer

A) True 
 B)False

A negotiation will most likely lead to agreement when the parties are

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Explain any limitations on the superior trial court of the province.

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of fact.

What does successful mediation require?

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Prerogative writs are the remedies available when a duty to act fairly has not been met.

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

Indicate the advantages of mediation and arbitration over judicial process.

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

(Modify this question for your province.) Fred sold Carole some computer equipment and software for $900. After she paid $300, Carole quit paying. When she had no complaint about the items but just wouldn't pay, Fred decided to sue. He would most likely begin his action in

What is the major requirement for the rules of natural justice?

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

Indicate the jurisdiction of the Federal Court of Appeal.

Which of the following is not a rule of natural justice?

A court will invariably disregard a mediated settlement.

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.

Describe recent developments in Canada's court systems made by various governments.

Which of the following is true with regard to our court system?

A significant disadvantage of the court system is that there is no way to enforce the judgment.

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

A negotiation will most likely lead to agreement when the parties are

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Explain any limitations on the superior trial court of the province.

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of fact.

What does successful mediation require?

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Prerogative writs are the remedies available when a duty to act fairly has not been met.

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

Indicate the advantages of mediation and arbitration over judicial process.

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

(Modify this question for your province.) Fred sold Carole some computer equipment and software for $900. After she paid $300, Carole quit paying. When she had no complaint about the items but just wouldn't pay, Fred decided to sue. He would most likely begin his action in

What is the major requirement for the rules of natural justice?

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

Indicate the jurisdiction of the Federal Court of Appeal.

Which of the following is not a rule of natural justice?

A court will invariably disregard a mediated settlement.

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.

Describe recent developments in Canada's court systems made by various governments.

Which of the following is true with regard to our court system?

A significant disadvantage of the court system is that there is no way to enforce the judgment.

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