Question 1

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

Accepted Answer

A)  Common law overrides case law on the same point. 
B)  The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
C)  The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts. 
D)  The courts cannot affect the meaning of the statute through subsequent interpretation. 
E)  A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. 
A)  Common law overrides case law on the same point. 
B)  The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
C)  The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts. 
D)  The courts cannot affect the meaning of the statute through subsequent interpretation. 
E)  A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.

Question 2

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

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 3

Explain what happens in an examination in aid of execution (examination in aid of enforcement, or questioning of debtor in Alberta).

Accepted Answer

The judgment debtor is examined under oa

Question 4

Distinguish between the role of the judge and that of the jury in a civil dispute.

Accepted Answer

The judge decides questions of

Question 5

Some businesses may be subject to both federal and provincial regulations.

Accepted Answer

A) True 
 B)False

Question 6

Distinguish between a criminal and civil trial.

Accepted Answer

A criminal trial involves a prosecutor a

Question 7

What does the statement of defence contain?

Accepted Answer

The statement of defence sets out what a

Question 8

It is generally cost-effective and worthwhile to pursue judicial review.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada?

Accepted Answer

A)  You can sue in the federal court, where the defendant resides, where the action arose, or where you live. 
B)  You can sue where you live, where the defendant resides, or where the action arose. 
C)  You can sue where the defendant resides or where the action arose. 
D)  You can only sue where the action arose. 
E)  You can only sue where the defendant resides. 
A)  You can sue in the federal court, where the defendant resides, where the action arose, or where you live. 
B)  You can sue where you live, where the defendant resides, or where the action arose. 
C)  You can sue where the defendant resides or where the action arose. 
D)  You can only sue where the action arose. 
E)  You can only sue where the defendant resides.

Question 10

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 law.

Accepted Answer

A) True 
 B)False

Question 11

Describe the process involved when one person sues another in a civil action.

Accepted Answer

Students should describe in some detail

Question 12

What does arbitration require in order to be effective?

Accepted Answer

The parties must dis

Question 13

What is the jurisdiction of the highest court in Canada?

Accepted Answer

The Supreme Court of Canada ha

Question 14

The emphasis of mental health courts is punishment.

Accepted Answer

A) True 
 B)False

Question 15

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

Accepted Answer

Small claims courts have a limited, some

Question 16

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes,

Accepted Answer

A)  specific performance should not always be considered the appropriate remedy. 
B)  specific performance is the only possible remedy. 
C)  damages and specific performance must both be awarded. 
D)  neither damages nor specific performance will ever be available. 
E)  only alternative dispute resolution is possible. 
A)  specific performance should not always be considered the appropriate remedy. 
B)  specific performance is the only possible remedy. 
C)  damages and specific performance must both be awarded. 
D)  neither damages nor specific performance will ever be available. 
E)  only alternative dispute resolution is possible.

Question 17

Which of the following will contribute to the success of a negotiation?

Accepted Answer

A)  One party is more powerful than the other. 
B)  The parties rely on outsiders to put forward their cases. 
C)  All relevant information is brought forward by both sides. 
D)  One of the parties uses coercion to get an agreement. 
E)  One party dominates or controls discussions. 
A)  One party is more powerful than the other. 
B)  The parties rely on outsiders to put forward their cases. 
C)  All relevant information is brought forward by both sides. 
D)  One of the parties uses coercion to get an agreement. 
E)  One party dominates or controls discussions.

Question 18

A privative clause is which of the following?

Accepted Answer

A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
E)  Privative clauses are those sections of the Charter with respect to personal freedoms. 
A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
E)  Privative clauses are those sections of the Charter with respect to personal freedoms.

Question 19

Mandamus involves the decision of the decision maker being stopped before the decision is made.

Accepted Answer

A) True 
 B)False

Question 20

Explain what is meant by the examination for discovery.

Accepted Answer

The examination for discovery involves t

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

Explain what happens in an examination in aid of execution (examination in aid of enforcement, or questioning of debtor in Alberta).

Distinguish between the role of the judge and that of the jury in a civil dispute.

Some businesses may be subject to both federal and provincial regulations.

Distinguish between a criminal and civil trial.

What does the statement of defence contain?

It is generally cost-effective and worthwhile to pursue judicial review.

Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada?

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 law.

Describe the process involved when one person sues another in a civil action.

What does arbitration require in order to be effective?

What is the jurisdiction of the highest court in Canada?

The emphasis of mental health courts is punishment.

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes,

Which of the following will contribute to the success of a negotiation?

A privative clause is which of the following?

Mandamus involves the decision of the decision maker being stopped before the decision is made.

Explain what is meant by the examination for discovery.

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

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

Explain what happens in an examination in aid of execution (examination in aid of enforcement, or questioning of debtor in Alberta).

Distinguish between the role of the judge and that of the jury in a civil dispute.

Some businesses may be subject to both federal and provincial regulations.

Distinguish between a criminal and civil trial.

What does the statement of defence contain?

It is generally cost-effective and worthwhile to pursue judicial review.

Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada?

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 law.

Describe the process involved when one person sues another in a civil action.

What does arbitration require in order to be effective?

What is the jurisdiction of the highest court in Canada?

The emphasis of mental health courts is punishment.

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes,

Which of the following will contribute to the success of a negotiation?

A privative clause is which of the following?

Mandamus involves the decision of the decision maker being stopped before the decision is made.

Explain what is meant by the examination for discovery.

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