Question 1

A successful negotiation has the potential of enhancing a business relationship.

Accepted Answer

A) True 
 B)False

Question 2

How many judges usually sit on the Supreme Court of Canada?

Accepted Answer

The answer of How many judges usually sit on the...

Question 3

Describe the courts in Canada that residents of your province may find themselves in.

Accepted Answer

(The following answer is for Ontario. Ad

Question 4

Explain why the courts are open to the public and press.

Accepted Answer

Justice must not onl

Question 5

What is meant by a writ of certiorari?

Accepted Answer

Certiorari involves a court or

Question 6

Summarize and compare litigation and other methods of dispute resolution.

Accepted Answer

Students should identify that, in additi

Question 7

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

Accepted Answer

A)  If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. 
B)  In a civil action, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
C)  In a criminal case, an individual person is taking the action against the accused. 
D)  The prosecutor must prove his case based "upon a balance of probabilities." 
E)  The person who begins a civil action is usually called the "prosecutor." 
A)  If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. 
B)  In a civil action, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
C)  In a criminal case, an individual person is taking the action against the accused. 
D)  The prosecutor must prove his case based "upon a balance of probabilities." 
E)  The person who begins a civil action is usually called the "prosecutor."

Question 8

A requirement of the rules of natural justice is that the decision be made by the persons hearing all the evidence.

Accepted Answer

A) True 
 B)False

Question 9

The principles of fundamental justice include procedural fairness and natural justice rules.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is true with respect to recent litigation reforms?

Accepted Answer

A)  Several provinces have started mandatory case management, which involves judicial supervision of the litigation process. 
B)  Summary trials in Alberta and British Columbia require all evidence to be presented orally to save time associated with document preparation. 
C)  Small claims court procedures are becoming more complicated in all jurisdictions in order to dissuade parties from availing themselves of the court system. 
D)  The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta. 
E)  Mediation is compulsory in every common law province except for Ontario. 
A)  Several provinces have started mandatory case management, which involves judicial supervision of the litigation process. 
B)  Summary trials in Alberta and British Columbia require all evidence to be presented orally to save time associated with document preparation. 
C)  Small claims court procedures are becoming more complicated in all jurisdictions in order to dissuade parties from availing themselves of the court system. 
D)  The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta. 
E)  Mediation is compulsory in every common law province except for Ontario.

Question 11

The job of the mediator is to help the parties come to an agreement, not to make a decision for them.

Accepted Answer

A) True 
 B)False

Question 12

Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

Accepted Answer

Here students are asked to concentrate o

Question 13

Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1000. Ewen agreed to lend him this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce recently completed some plumbing work for Martinson for which he was owed $2000. If Bruce fails to pay Ewen on June 14, which of the following would be true?

Accepted Answer

A)  Ewen could sue Martinson for violation (breach) of the contract. 
B)  Ewen could execute against Bruce even if he had not obtained judgment against him. 
C)  Ewen could serve Martinson with a garnishee after obtaining judgment requiring him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. 
D)  If Ewen obtained a judgment against Bruce, he could compel him to be examined about Martinson's income, property, and debts. 
E)  Ewen does not have to wait to obtain a judgment before executing against Bruce's assets. 
A)  Ewen could sue Martinson for violation (breach) of the contract. 
B)  Ewen could execute against Bruce even if he had not obtained judgment against him. 
C)  Ewen could serve Martinson with a garnishee after obtaining judgment requiring him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. 
D)  If Ewen obtained a judgment against Bruce, he could compel him to be examined about Martinson's income, property, and debts. 
E)  Ewen does not have to wait to obtain a judgment before executing against Bruce's assets.

Question 14

(Modify this question for your province.) Explain what is meant by filing an appearance.

Accepted Answer

An appearance is the document

Question 15

What is meant by government regulations?

Accepted Answer

When a statute is passed, it often conta

Question 16

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 17

Explain what power the federal government has to appoint judges.

Accepted Answer

The federal government appoint

Question 18

Mildred and Sam's marriage breaks up and Mildred wants possession of the house to raise the children. Which court would deal with this action in your province?

Accepted Answer

A)  The small claims court 
B)  The family court 
C)  The appellate court 
D)  The surrogate court 
E)  The provincial youth court 
A)  The small claims court 
B)  The family court 
C)  The appellate court 
D)  The surrogate court 
E)  The provincial youth court

Question 19

Consider the following statements with respect to the exercise of governmental powers. Identify the False statement.

Accepted Answer

A)  Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 
B)  The exercise of governmental power is subject to a number of constitutional limitations. 
C)  The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 
D)  The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. 
E)  Statutes often restrict the power of government officials. 
A)  Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 
B)  The exercise of governmental power is subject to a number of constitutional limitations. 
C)  The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 
D)  The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. 
E)  Statutes often restrict the power of government officials.

Question 20

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

Accepted Answer

A)  If she is charged criminally for drunk driving and found not guilty, that is the end of the matter. She cannot be sued civilly. 
B)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
C)  If she is charged criminally and found not guilty, she can still be sued for negligence by the injured driver. 
D)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
E)  The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally. 
A)  If she is charged criminally for drunk driving and found not guilty, that is the end of the matter. She cannot be sued civilly. 
B)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
C)  If she is charged criminally and found not guilty, she can still be sued for negligence by the injured driver. 
D)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
E)  The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally.

A successful negotiation has the potential of enhancing a business relationship.

How many judges usually sit on the Supreme Court of Canada?

Describe the courts in Canada that residents of your province may find themselves in.

Explain why the courts are open to the public and press.

What is meant by a writ of certiorari?

Summarize and compare litigation and other methods of dispute resolution.

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

A requirement of the rules of natural justice is that the decision be made by the persons hearing all the evidence.

The principles of fundamental justice include procedural fairness and natural justice rules.

Which of the following is true with respect to recent litigation reforms?

The job of the mediator is to help the parties come to an agreement, not to make a decision for them.

Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

(Modify this question for your province.) Explain what is meant by filing an appearance.

What is meant by government regulations?

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

Explain what power the federal government has to appoint judges.

Mildred and Sam's marriage breaks up and Mildred wants possession of the house to raise the children. Which court would deal with this action in your province?

Consider the following statements with respect to the exercise of governmental powers. Identify the False statement.

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

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 successful negotiation has the potential of enhancing a business relationship.

How many judges usually sit on the Supreme Court of Canada?

Describe the courts in Canada that residents of your province may find themselves in.

Explain why the courts are open to the public and press.

What is meant by a writ of certiorari?

Summarize and compare litigation and other methods of dispute resolution.

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

A requirement of the rules of natural justice is that the decision be made by the persons hearing all the evidence.

The principles of fundamental justice include procedural fairness and natural justice rules.

Which of the following is true with respect to recent litigation reforms?

The job of the mediator is to help the parties come to an agreement, not to make a decision for them.

Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

(Modify this question for your province.) Explain what is meant by filing an appearance.

What is meant by government regulations?

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

Explain what power the federal government has to appoint judges.

Mildred and Sam's marriage breaks up and Mildred wants possession of the house to raise the children. Which court would deal with this action in your province?

Consider the following statements with respect to the exercise of governmental powers. Identify the False statement.

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

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