Question 1

What is the standard of proof used in a criminal matter?

Accepted Answer

Beyond a r

Question 2

Hao wants to negotiate a settlement but he lacks skill and experience as a negotiator. What option is available to him?

Accepted Answer

He can neg

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

Explain the function and jurisdiction of the Federal Court.

Accepted Answer

The Federal Court deals with m

Question 5

Distinguish between a question of fact and a question of law.

Accepted Answer

A question of fact relates to what happe

Question 6

When a person is found not guilty in a criminal matter, he or she can no longer be sued civilly.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following statements regarding administrative law is true?

Accepted Answer

A)  Administrative tribunals are part of the legislative branch of government when they make rules, and are part of the judicial branch of government when the hold hearings. 
B)  A government bureaucrat acting in a regulatory capacity can do anything incidental to the performance of her job. 
C)  As long as government agents administer government policy, individuals have no right to challenge their authority. 
D)  Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards. 
E)  Administrative tribunals tend to be less efficient, slower, and more costly than the courts. 
A)  Administrative tribunals are part of the legislative branch of government when they make rules, and are part of the judicial branch of government when the hold hearings. 
B)  A government bureaucrat acting in a regulatory capacity can do anything incidental to the performance of her job. 
C)  As long as government agents administer government policy, individuals have no right to challenge their authority. 
D)  Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards. 
E)  Administrative tribunals tend to be less efficient, slower, and more costly than the courts.

Question 8

Jones operated a local movie theatre in a small town that had fallen on hard times. As a last ditch effort to attract customers, he decided to show pornographic movies. From the week the change was made, the theatre had to turn away customers on a regular basis. The local town council was quite upset, however, especially since a number of them represented a conservative and religious constituency. They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that. They then decided to increase the licence fee from the regular $50 per year to $15,000 per year. Jones was notified of the fact that this course of action was being considered, and he was given a chance to appear before the council to state his case. He did so, but the council decided to go ahead with the decision in any case. This, of course, would force Jones out of business, and so Jones, after exhausting any local remedies and appeals, took the matter to court. Which of the following accurately indicates the legal position of the parties?

Accepted Answer

A)  Jones will be successful and will seek an order of mandamus. 
B)  Jones will be successful since this is an attempt by a municipal council to indirectly pass criminal law, which is under federal jurisdiction. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will not be successful since the decision has been made and he has exhausted his remedies. 
A)  Jones will be successful and will seek an order of mandamus. 
B)  Jones will be successful since this is an attempt by a municipal council to indirectly pass criminal law, which is under federal jurisdiction. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will not be successful since the decision has been made and he has exhausted his remedies.

Question 9

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

Accepted Answer

Any concession, admission, or

Question 10

Explain what the "R" stands for in the citation R. v. Jones.

Accepted Answer

R stands for Rex or

Question 11

Who are the parties to the appeal of a civil action?

Accepted Answer

Appellant

Question 12

Which of the following is False with regard to our legal system?

Accepted Answer

A)  An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B)  Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
C)  Our constitution can be amended but not by the federal parliament acting alone. 
D)  If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
E)  Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning. 
A)  An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B)  Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
C)  Our constitution can be amended but not by the federal parliament acting alone. 
D)  If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
E)  Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning.

Question 13

Indicate the differences in the standards of proof between a civil and a criminal trial.

Accepted Answer

More likely to be right than n

Question 14

The emphasis of drug treatment courts is incarceration.

Accepted Answer

A) True 
 B)False

Question 15

Who are the parties in a civil action?

Accepted Answer

Plaintiff

Question 16

Juries are no longer used in Canada.

Accepted Answer

A) True 
 B)False

Question 17

Solicitor-client costs are those most commonly awarded.

Accepted Answer

A) True 
 B)False

Question 18

All methods of execution or enforcement require that a judgment first be obtained.

Accepted Answer

A) True 
 B)False

Question 19

Indicate three of the requirements of the rules of natural justice.

Accepted Answer

A fair hearing with adequate n

Question 20

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

Accepted Answer

A)  special damages. 
B)  general damages. 
C)  punitive damages. 
D)  compensatory damages. 
E)  derogatory damages. 
A)  special damages. 
B)  general damages. 
C)  punitive damages. 
D)  compensatory damages. 
E)  derogatory damages.

What is the standard of proof used in a criminal matter?

Hao wants to negotiate a settlement but he lacks skill and experience as a negotiator. What option is available to him?

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

Explain the function and jurisdiction of the Federal Court.

Distinguish between a question of fact and a question of law.

When a person is found not guilty in a criminal matter, he or she can no longer be sued civilly.

Which of the following statements regarding administrative law is true?

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

Explain what the "R" stands for in the citation R. v. Jones.

Who are the parties to the appeal of a civil action?

Which of the following is False with regard to our legal system?

Indicate the differences in the standards of proof between a civil and a criminal trial.

The emphasis of drug treatment courts is incarceration.

Who are the parties in a civil action?

Juries are no longer used in Canada.

Solicitor-client costs are those most commonly awarded.

All methods of execution or enforcement require that a judgment first be obtained.

Indicate three of the requirements of the rules of natural justice.

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

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

What is the standard of proof used in a criminal matter?

Hao wants to negotiate a settlement but he lacks skill and experience as a negotiator. What option is available to him?

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

Explain the function and jurisdiction of the Federal Court.

Distinguish between a question of fact and a question of law.

When a person is found not guilty in a criminal matter, he or she can no longer be sued civilly.

Which of the following statements regarding administrative law is true?

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

Explain what the "R" stands for in the citation R. v. Jones.

Who are the parties to the appeal of a civil action?

Which of the following is False with regard to our legal system?

Indicate the differences in the standards of proof between a civil and a criminal trial.

The emphasis of drug treatment courts is incarceration.

Who are the parties in a civil action?

Juries are no longer used in Canada.

Solicitor-client costs are those most commonly awarded.

All methods of execution or enforcement require that a judgment first be obtained.

Indicate three of the requirements of the rules of natural justice.

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

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