Chat with AIExam 2: Litigation and Alternative Dispute Resolution
As a result of recent events, Marshall requires legal representation.Because he has limited knowledge of the law, he has ruled out the possibility of self-representation.He realizes that he therefore must hire someone to act on his behalf.In choosing between hiring a lawyer and hiring a paralegal, what factors should he take into consideration?
(33) 
VerifiedThere is no bright line rule, for determining whether legal representation should come in the form of a lawyer or a paralegal.The decision depends upon the circumstances and these factors in particular.
Cost As a general rule, paralegals charge fees that are considerably less than lawyers, even when providing the same service.Consequently, if, for instance, Marshall requires someone to process a simple land transfer, he might consider hiring a paralegal.
Expertise Because paralegals tend to be confined to certain tasks, they naturally have no expertise in some areas of law.Often, however, lawyers and paralegals deal with precisely the same types of files.And in those areas, paralegals frequently have similar expertise and experience as some lawyers.
Accessibility Accessibility in this case will depend upon the nature of Marshall's needs.Some types of cases (eg murder trials) are handled only by lawyers.Other types of cases (eg house transfers) are handled by lawyers and paralegals.
Training Although most paralegals are well-trained and thoroughly-experienced, they are not, in contrast to lawyers, subject to the same mandatory educational requirements in every jurisdiction.(There is, however, a growing movement by Law Societies to impose standardized educational requirements on paralegals.)
Regulated Profession Lawyers are members of a regulated profession. Paralegals can only practice law to the extent that the legislature in a province or territory has permitted them to practice law; and they must confine their practice to those areas of law and procedures which they are allowed to practise and perform.
Mandatory Codes of Conduct Although every practising lawyer is subject to their law society's code of conduct, paralegals are not currently subject to any parallel regime although a paralegal may lose certification as a paralegal for unprofessional conduct or incompetence.
Privilege Whether he spoke with a lawyer or a paralegal, Marshall's conversations would be confidential.Consequently, neither a lawyer or a paralegal would generally be entitled to disclose the content of those communications to some third party.In contrast, communications with a lawyer would be privileged, but those with a paralegal would not be privileged.A privilege would ensure that, unless Marshall agreed, his lawyer could not be judicially compelled to disclose the content of those communications in court, nor could the lawyer ever disclose the contents of those communications in any manner, including after the death of the client.
Although trade unions are unincorporated associations, and therefore are not legal persons, they generally can sue or be sued because of a statutory change made to the common law.
(32) VerifiedTrue
The Government of Canada is considering introducing a new law.However, the government is concerned that the law may not be constitutional.Can the Government of Canada ask for the Supreme Court of Canada to provide an advisory opinion on the constitutionality of a law or proposed law?
(40) VerifiedWhile the vast majority of the work performed by the Supreme Court of Canada consists of appeals from lower court decisions, the court also has jurisdiction to hear references.A reference occurs when a government asks for an opinion on the constitutional validity of a statute.
Justice Veritas is hearing a case in court.Which of the following statements is TRUE?
(43) A company that manufactures cigarettes has been named as the defendant in a class action.Which of the following statements is TRUE?
(29) Retailers Inc.hired Clean Air Services (CAS) to develop and install an air conditioning system in a large office complex.The system that CAS installed turned out to be grossly inadequate, largely because, contrary to the terms of its contract, it used inferior materials.It did so in order to save money and increase its profits.A court has found CAS liable for breach of contract.In terms of a remedy, the judge
(34) Which of the following statements is TRUE with respect to small claims courts?
(40) In a case filed in a superior court, Alpha Inc sued Beta Ltd for breach of contract.Alpha claimed damages of $250 000.Although Beta denied liability, it formally offered to settle the claim for $100 000.Alpha rejected that offer, but in response, it formally offered to settle its claim for $200 000.Beta rejected that offer.The case has now gone to trial.Explain what order the judge will likely make with respect to costs if (a) Beta is liable for $150 000, or (b) Beta is liable for $50 000?
(39) Sarah acted very badly toward Max.Although Max suffered a small loss as a result of the event, he primarily wants Sarah to apologize to him.Which of the following statements is TRUE?
(35) Omicron Inc is one of several companies that manufactures widgets.For many years, almost half of its annual sales have been made to Sigma Ltd.Despite those sales, its financial position has always been somewhat precarious.A dispute recently arose with respect to financial losses that Sigma claims to have suffered as a result of a defective widget.Omicron strongly denies that it is responsible for those losses.Sigma, however, has announced that it will not purchase any more items until the matter is resolved.Omicron has asked for your advice.Analyze the situation from a risk management perspective by outlining the advantages and disadvantages associated with the various ways in which the case might be resolved.
(27) Herbert & Hart Inc, an accounting firm, was legally represented in a recent dispute by Alan Munt, who is a lawyer.Herbert & Hart have now learned that Munt professionally misconducted himself by passing confidential information to the other side in the dispute.Herbert & Hart consequently lost approximately $12 million.Which of the following statements is TRUE?
(38) Jinyan has been involved in a law suit for several years.She recently sought "leave" from the Supreme Court of Canada.This means that
(37) Makayla was recently served with a statement of claim that alleges that she committed a breach of contract.Makayla simply denies that allegation.She will likely present her arguments against the allegation by using a document called a counterclaim.
(33) List and briefly describe the options that are available in terms of legal representation.
(33) Fuller Inc.has sued Perdue Corp.Which of the following statements is TRUE?
(36) Chad purchased an economics textbook online from Shady Press Inc for $40.While the information contained in the book appears to be correct and current, the book itself began to fall apart almost immediately.After he complained about the situation in an electronic chat room that had been set up by his course instructor, Chad discovered that a large number of other students had suffered through the same experience.Chad then emailed Shady Press to register his complaint and to ask for a rebate on at least part of the price.The company responded by saying that, as a matter of policy, it would not provide any sort of financial relief unless ordered to do so by a court.Although he is now even more annoyed at Shady Press than before, he assumes that he is, practically speaking, powerless to do anything.He has heard that litigation is expensive and he is unwilling to spend a lot of money in the hope of getting a refund on a book that cost only $40.Assuming that the company will not pay unless compelled by a judge to do so, what advice can you offer to Chad? Suggest, and briefly describe, several strategies that might overcome Chad's concerns about costs.(You need not go into great detail on each strategy.)
(35) Within the context of administrative law, which of the following statements is TRUE?
(35) 
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