Question 1

Which of the following is correct with respect to the litigation process?

Accepted Answer

A)  Even though a judgment is obtained, payment is not assured. 
B)  A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. 
C)  An offer to settle always brings to an end the parties' right to proceed to trial. 
D)  An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial. 
E)  A counterclaim is brought by the plaintiff who is then claiming against the defendant. 
A)  Even though a judgment is obtained, payment is not assured. 
B)  A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. 
C)  An offer to settle always brings to an end the parties' right to proceed to trial. 
D)  An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial. 
E)  A counterclaim is brought by the plaintiff who is then claiming against the defendant.

Question 2

Which of the following statements is correct?

Accepted Answer

A)  The parties to a dispute lose control in negotiations. 
B)  Privacy is maintained in a court adjudication. 
C)  There is a great deal of flexibility in negotiation/mediation. 
D)  Goodwill is most likely maintained in litigation. 
E)  ADR agreements are enforceable or appealable. 
A)  The parties to a dispute lose control in negotiations. 
B)  Privacy is maintained in a court adjudication. 
C)  There is a great deal of flexibility in negotiation/mediation. 
D)  Goodwill is most likely maintained in litigation. 
E)  ADR agreements are enforceable or appealable.

Question 3

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

Accepted Answer

Lead the w

Question 4

Explain why the examination for discovery can be so important in any court action.

Accepted Answer

Often admissions are made in t

Question 5

What constitutes a fair hearing?

Accepted Answer

What constitutes a fair hearing will var

Question 6

Which of the following is correct with respect to our courts?

Accepted Answer

A)  All courts are the same, province to province. 
B)  All criminal matters are dealt with in the Federal Court and Federal Court of Appeal. 
C)  All judges are appointed by the provincial cabinet. 
D)  All judges are appointed by the federal government. 
E)  The appointment of a Court of Appeal judge is a matter for the federal government. 
A)  All courts are the same, province to province. 
B)  All criminal matters are dealt with in the Federal Court and Federal Court of Appeal. 
C)  All judges are appointed by the provincial cabinet. 
D)  All judges are appointed by the federal government. 
E)  The appointment of a Court of Appeal judge is a matter for the federal government.

Question 7

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides.

Accepted Answer

A) True 
 B)False

Question 8

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

Accepted Answer

Rarely will this be allowed. Usually a p

Question 9

Indicate any limitations on the operation of the garnishment process.

Accepted Answer

Most provinces have set a maxi

Question 10

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

Accepted Answer

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

Question 11

Which of the following statements is true?

Accepted Answer

A)  Use of ADR precludes parties from litigating. 
B)  The rules of precedent apply to arbitration hearings. 
C)  Mediators have the power to enforce decisions. 
D)  ADR methods are less costly than adjudication. 
E)  The public is entitled to know the result of mediated cases. 
A)  Use of ADR precludes parties from litigating. 
B)  The rules of precedent apply to arbitration hearings. 
C)  Mediators have the power to enforce decisions. 
D)  ADR methods are less costly than adjudication. 
E)  The public is entitled to know the result of mediated cases.

Question 12

Mediation and arbitration are becoming more common in resolving online disputes.

Accepted Answer

A) True 
 B)False

Question 13

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Accepted Answer

A)  The power of the parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution. 
B)  The federal parliament is now supreme and can override anything done by the provincial legislatures or the courts. 
C)  Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. 
D)  Now in Canada there is an effective system of checks and balances where the prime minister on some occasions can overrule decisions made by parliament or the Supreme Court of Canada. 
E)  With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal. 
A)  The power of the parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution. 
B)  The federal parliament is now supreme and can override anything done by the provincial legislatures or the courts. 
C)  Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. 
D)  Now in Canada there is an effective system of checks and balances where the prime minister on some occasions can overrule decisions made by parliament or the Supreme Court of Canada. 
E)  With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal.

Question 14

When a court has to decide in a battery case whether Joe really did hit James, this is an example of a question of fact.

Accepted Answer

A) True 
 B)False

Question 15

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

Accepted Answer

When juveniles are involved, w

Question 16

Describe the court structure in place in your province.

Accepted Answer

This will vary from province to province

Question 17

Which of the following is incorrect with respect to the function of the small claims court?

Accepted Answer

A)  The monetary jurisdiction of the court is limited. 
B)  The procedure is the same as the provincial superior trial court. 
C)  Lawyers usually don't attend. 
D)  The recovery of costs to compensate for legal fees is severely limited. 
E)  The provincial government appoints the judge. 
A)  The monetary jurisdiction of the court is limited. 
B)  The procedure is the same as the provincial superior trial court. 
C)  Lawyers usually don't attend. 
D)  The recovery of costs to compensate for legal fees is severely limited. 
E)  The provincial government appoints the judge.

Question 18

Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to date on the relevant legal issues facing her business, but she always acted ethically and treated her customers well. After a number of notices from the municipality went unanswered, Sandamali had her business licence withdrawn. Which of the following would not be grounds upon which she might challenge the decision?

Accepted Answer

A)  The legislation was intra vires. 
B)  The regulations relied on were not authorized by statute. 
C)  The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power. 
D)  The legislation was invalid under the Charter of Rights and Freedoms. 
E)  The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act, 1867. 
A)  The legislation was intra vires. 
B)  The regulations relied on were not authorized by statute. 
C)  The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power. 
D)  The legislation was invalid under the Charter of Rights and Freedoms. 
E)  The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act, 1867.

Question 19

Describe the options available to a judgment creditor in respect of the enforcement of judgments.

Accepted Answer

A judgment debtor's property can be seiz

Question 20

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Accepted Answer

A) True 
 B)False

Which of the following is correct with respect to the litigation process?

Which of the following statements is correct?

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

Explain why the examination for discovery can be so important in any court action.

What constitutes a fair hearing?

Which of the following is correct with respect to our courts?

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides.

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

Indicate any limitations on the operation of the garnishment process.

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

Which of the following statements is true?

Mediation and arbitration are becoming more common in resolving online disputes.

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

When a court has to decide in a battery case whether Joe really did hit James, this is an example of a question of fact.

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

Describe the court structure in place in your province.

Which of the following is incorrect with respect to the function of the small claims court?

Describe the options available to a judgment creditor in respect of the enforcement of judgments.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

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

Which of the following is correct with respect to the litigation process?

Which of the following statements is correct?

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

Explain why the examination for discovery can be so important in any court action.

What constitutes a fair hearing?

Which of the following is correct with respect to our courts?

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only sue where the defendant resides.

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

Indicate any limitations on the operation of the garnishment process.

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

Which of the following statements is true?

Mediation and arbitration are becoming more common in resolving online disputes.

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

When a court has to decide in a battery case whether Joe really did hit James, this is an example of a question of fact.

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

Describe the court structure in place in your province.

Which of the following is incorrect with respect to the function of the small claims court?

Describe the options available to a judgment creditor in respect of the enforcement of judgments.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

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