Exam 2: Litigation and Alternative Dispute Resolution

Morley suffered a minor injury as a result of using a toothbrush manufactured by DentPlus Inc.The evidence indicates that the type of toothbrush in question suffers from a design defect and therefore is likely to have injured every person who used it.In the circumstances, Morley wants to bring a class action against DentPlus.Class action proceedings are, however, available only if certain requirements are met.Morley must, among other matters, satisfy the court that he has developed a workable plan for notifying all of the other members of the plaintiff class of the class action.

In the context of the ability to sue or be sued, what is the meaning and effect of the doctrine that "the King can do no wrong"?

Kaelen works as a sales representative for a large book publisher.She was recently held liable in tort and ordered to pay $35 000 to Antony.Which of the following statements is TRUE?

Josie lost a breach of contract case against Charles.She has now launched an appeal of the trial judge's decision.Which of the following statements is TRUE with respect to that appeal?

The Crown can be sued only if a statute allows an action to be brought against the Crown.

A puisne judge is a judge that hears trials rather than appeals.The word "puisne" is based on a Latin word meaning "small" or "less powerful."

A number of commentators have referred to litigation as a "lottery." By using that word, they are suggesting that

Geeta was one of several hundred people who received tainted blood from a hospital that carelessly collected and stored blood.Although each of the victims will be able to make essentially the same arguments against the hospital, a court will, as a general rule, not certify a class action unless each of the victims also intends to claim roughly the same amount of damages.

Longhorn Inc has served a statement of claim on Trojan Ltd for breach of contract.Given the current trends in Canadian litigation, there is approximately a one in four chance that the case will eventually be resolved by a judge at a trial.

Briefly explain the rules that determine the circumstances under which the following types of parties can sue or be sued: (i) children, (ii) adults suffering from a mental incapacity, (iii) corporations, and (iv) unincorporated associations.

Which of the following statements is TRUE?

Briefly explain the difference between (a) examinations-in-chief and cross-examinations, (b) direct evidence and hearsay evidence, (c) ordinary witnesses and expert witnesses, and (d) proof on balance of probabilities and proof beyond a reasonable doubt.

A court recently held Acme Corp responsible for spilling pollutants into a stream.Which of the following statements is most likely TRUE?

Hughes Inc hired Liz to act as the chief architect for a major shopping development.After about a year, however, the parties' relationship began to deteriorate and the situation quickly became intolerable and irreparable.Each side blamed the other.Hughes Inc sued Liz for breach of contract.Liz defended that claim and started a counterclaim in which she alleged that Hughes Inc had broken their agreement.The dispute was eventually resolved through arbitration.Which of the following statements is TRUE?

Justice Major dissented in the case of Dobson v Dobson.This means that

A person generally is not entitled to act as a lawyer in Canada unless they have completed a "period of articles." That phrase refers to the fact that admission to the bar depends upon proof that a person went to law school for a certain length of time.

Describe the relationship between the concept of hierarchy and the doctrine of precedent.How are those concepts related to the rule of law?

Which of the following statements is TRUE with respect to remedies?

Which of the following statements is TRUE?

Which of the following statements is TRUE?