Question 1

Explain under what circumstances the courts may be closed to the public and press.

Accepted Answer

The courts will only be closed to the pu

Question 2

Which of the following is correct with respect to the enforcement of judgments?

Accepted Answer

A)  The parties to a contract can specify that the laws of another jurisdiction are to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  To enforce a judgment in another jurisdiction, that case must always be heard all over again. 
A)  The parties to a contract can specify that the laws of another jurisdiction are to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  To enforce a judgment in another jurisdiction, that case must always be heard all over again.

Question 3

With regard to the process of a civil law suit, which of the following is true?

Accepted Answer

A)  A "counterclaim" is an action by the defendant back against the plaintiff. 
B)  Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. 
C)  The plaintiff must prove his case on the balance of probabilities, not beyond a reasonable doubt. 
D)  The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. 
E)  All of the above are true. 
A)  A "counterclaim" is an action by the defendant back against the plaintiff. 
B)  Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. 
C)  The plaintiff must prove his case on the balance of probabilities, not beyond a reasonable doubt. 
D)  The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. 
E)  All of the above are true.

Question 4

How is an action usually started?

Accepted Answer

In some jurisdictions, a writ

Question 5

The pre-trial process is often criticized as causing long delays. Explain why it is necessary.

Accepted Answer

Delays are caused by these procedural st

Question 6

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Accepted Answer

International business dealings are more

Question 7

Being charged with speeding is an example of a civil dispute.

Accepted Answer

A) True 
 B)False

Question 8

With regard to the process of a civil law suit in a superior court, which of the following is true?

Accepted Answer

A)  The writ is a document issued by the defendant to indicate that he or she will defend against the action. 
B)  The plaintiff must prove his case on the balance of probabilities. 
C)  Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded. 
D)  An action is usually commenced by issuing a chambers application. 
E)  Once a statement of claim is served, the next step is the trial. 
A)  The writ is a document issued by the defendant to indicate that he or she will defend against the action. 
B)  The plaintiff must prove his case on the balance of probabilities. 
C)  Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded. 
D)  An action is usually commenced by issuing a chambers application. 
E)  Once a statement of claim is served, the next step is the trial.

Question 9

Which of the following is an advantage of using ADR?

Accepted Answer

A)  Lengthy process 
B)  Sets a binding precedent 
C)  More expensive than litigation 
D)  Ensures full disclosure 
E)  Speedy resolution 
A)  Lengthy process 
B)  Sets a binding precedent 
C)  More expensive than litigation 
D)  Ensures full disclosure 
E)  Speedy resolution

Question 10

Indicate what can be appealed in an appeal court.

Accepted Answer

Usually only questio

Question 11

Contracts requiring arbitration are becoming more common.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Accepted Answer

A)  Divorce is a matter for a superior court. 
B)  Young offenders are now tried in the adult criminal court. 
C)  The procedure used in small claims courts is identical to that used in superior level courts. 
D)  At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. 
E)  At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge. 
A)  Divorce is a matter for a superior court. 
B)  Young offenders are now tried in the adult criminal court. 
C)  The procedure used in small claims courts is identical to that used in superior level courts. 
D)  At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. 
E)  At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge.

Question 13

Where transactions on the Internet are involved, an action can only be brought where the defendant company is actually physically located.

Accepted Answer

A) True 
 B)False

Question 14

When a cause of action arises in some other province in Canada, where can the victim bring the action?

Accepted Answer

Normally the victim can bring

Question 15

Distinguish between the executive and legislative branches of government.

Accepted Answer

Federally, the legislative branch is par

Question 16

Discuss the restrictions on the power of government decision makers imposed by the power of judicial review.

Accepted Answer

Here students should show an understandi

Question 17

Judicial review is an appeal of the decision to a higher court.

Accepted Answer

A) True 
 B)False

Question 18

In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings?

Accepted Answer

A)  When children are involved 
B)  When the matter involves sexual misconduct and is embarrassing to the accused 
C)  When the matter involves drunk driving 
D)  When the government is one of the parties 
E)  When large corporations are involved and the testimony involves economically sensitive material 
A)  When children are involved 
B)  When the matter involves sexual misconduct and is embarrassing to the accused 
C)  When the matter involves drunk driving 
D)  When the government is one of the parties 
E)  When large corporations are involved and the testimony involves economically sensitive material

Question 19

Mr. Holden, a program developer, developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months-until a competitor came out with a cheaper program. In time, he could not pay his debts when they became due and owing. A supplier sued for damages and was awarded judgment for $21,000. Holden did not pay. With regard to the supplier's position at this time, which of the following is False?

Accepted Answer

A)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
B)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
C)  The supplier could examine Holden under oath about his assets and sources of income. 
D)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E)  The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt. 
A)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
B)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
C)  The supplier could examine Holden under oath about his assets and sources of income. 
D)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E)  The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt.

Question 20

The Supreme Court of Canada only hears appeals of private citizens.

Accepted Answer

A) True 
 B)False

Explain under what circumstances the courts may be closed to the public and press.

Which of the following is correct with respect to the enforcement of judgments?

With regard to the process of a civil law suit, which of the following is true?

How is an action usually started?

The pre-trial process is often criticized as causing long delays. Explain why it is necessary.

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Being charged with speeding is an example of a civil dispute.

With regard to the process of a civil law suit in a superior court, which of the following is true?

Which of the following is an advantage of using ADR?

Indicate what can be appealed in an appeal court.

Contracts requiring arbitration are becoming more common.

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Where transactions on the Internet are involved, an action can only be brought where the defendant company is actually physically located.

When a cause of action arises in some other province in Canada, where can the victim bring the action?

Distinguish between the executive and legislative branches of government.

Discuss the restrictions on the power of government decision makers imposed by the power of judicial review.

Judicial review is an appeal of the decision to a higher court.

In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings?

The Supreme Court of Canada only hears appeals of private citizens.

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

Explain under what circumstances the courts may be closed to the public and press.

Which of the following is correct with respect to the enforcement of judgments?

With regard to the process of a civil law suit, which of the following is true?

How is an action usually started?

The pre-trial process is often criticized as causing long delays. Explain why it is necessary.

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Being charged with speeding is an example of a civil dispute.

With regard to the process of a civil law suit in a superior court, which of the following is true?

Which of the following is an advantage of using ADR?

Indicate what can be appealed in an appeal court.

Contracts requiring arbitration are becoming more common.

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Where transactions on the Internet are involved, an action can only be brought where the defendant company is actually physically located.

When a cause of action arises in some other province in Canada, where can the victim bring the action?

Distinguish between the executive and legislative branches of government.

Discuss the restrictions on the power of government decision makers imposed by the power of judicial review.

Judicial review is an appeal of the decision to a higher court.

In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings?

The Supreme Court of Canada only hears appeals of private citizens.

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