Exam 3: The Resolution of Disputes: the Courts and Alternatives to Litigation

When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which of the following courts will we get the most authoritative precedent (i.e., the most binding ruling)?

Explain what is meant by costs when they are awarded in a court action.

In a criminal matter, the judge must be satisfied that the accused probably committed the crime.

The administrative tribunal process is excluded from Charter supervision because of the notwithstanding clause.

A person has the right to appeal a decision in a civil court.

(Modify this question for your province.) James sued XYZ Company for $500,000 for negligence in the construction of an airplane. James alleged that because of this negligence the plane crashed and he sustained a serious back injury. In which of the following courts should he bring this action?

Indicate the jurisdiction of the Federal Court.

Which of the following is not one of the requirements of natural justice?

Who prosecutes a criminal matter?

Hank sold three properties for Mr. W and was paid his commission for the first property, but not for the last two. Hank has done everything according to the contract and according to the relevant statutes, but Mr. W will not pay. Hank knows that Mr. W has a bank account with the Bank of Toronto and has money owed to him from a Mr. Gregory. If Hank successfully sues Mr. W., which of the following would be False?

(Modify this question for your province.) Which of the following is the document that initiates a court action in this jurisdiction?

Explain the effect of a limitation period set out in legislation.

Garnishment involves the interception of funds owed to the judgment debtor.

What does a successful negotiation require?

In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question?

Who brings a civil action?

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation proceeds.

What is meant by mandamus?

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

You can always count on a mediated process to be fair.