Question 1

Which of the following statements regarding the Supreme Court of Canada is TRUE?

Accepted Answer

A) The court consists of the chief justice and eight filial justices. 
B) Each member of the court was appointed by the premier of the judge's home province. 
C) In addition to appeals, the court occasionally hears references for the purpose of providing advisory opinions to the governments on the constitutionality of laws. 
D) Unless a member voluntarily retires, they are entitled to hold office for life as long as they are on good behaviour. 
E) No court is ever required to hear an appeal unless it has granted leave. 
A) The court consists of the chief justice and eight filial justices. 
B) Each member of the court was appointed by the premier of the judge's home province. 
C) In addition to appeals, the court occasionally hears references for the purpose of providing advisory opinions to the governments on the constitutionality of laws. 
D) Unless a member voluntarily retires, they are entitled to hold office for life as long as they are on good behaviour. 
E) No court is ever required to hear an appeal unless it has granted leave.

Question 2

The requirements for certification in a class action include

Accepted Answer

A) proof that the class action will be substantially less convenient than individual proceedings. 
B) proof that all of the claimants are being represented by the same law firm. 
C) a clearly defined class and most substantive issues are common to every claimant in that class. 
D) a payment of bond money to the court, to be used to pay for the defendant's costs if the claim is unsuccessful. 
E) proof that every potential member of the class has been personally notified of the proceedings. 
A) proof that the class action will be substantially less convenient than individual proceedings. 
B) proof that all of the claimants are being represented by the same law firm. 
C) a clearly defined class and most substantive issues are common to every claimant in that class. 
D) a payment of bond money to the court, to be used to pay for the defendant's costs if the claim is unsuccessful. 
E) proof that every potential member of the class has been personally notified of the proceedings.

Question 3

Which of the following statements regarding the right to sue and representation in court is TRUE?

Accepted Answer

A) Because they are legally incapable of providing consent, children and people with mental disabilities cannot be members of class actions. 
B) Even though unincorporated associations are not classified as legal persons and therefore generally cannot sue or be sued, an exception exists for trade unions even though they are unincorporated associations. 
C) A lawyer who acts for the plaintiffs in a class action must work on a contingency fee basis. 
D) For public policy reasons, a person who wants to sue the government cannot hire a lawyer on a contingency fee basis. 
E) Paralegals are always entitled to appear in a provincial court but not in a superior court. 
A) Because they are legally incapable of providing consent, children and people with mental disabilities cannot be members of class actions. 
B) Even though unincorporated associations are not classified as legal persons and therefore generally cannot sue or be sued, an exception exists for trade unions even though they are unincorporated associations. 
C) A lawyer who acts for the plaintiffs in a class action must work on a contingency fee basis. 
D) For public policy reasons, a person who wants to sue the government cannot hire a lawyer on a contingency fee basis. 
E) Paralegals are always entitled to appear in a provincial court but not in a superior court.

Question 4

Screaming Eagle Inc, a company based in Los Angeles, wants to sue Canuck Manufacturing Inc in a court in Vancouver.While the American company may be entitled to sue in Canada, it must be represented by a litigation guardian.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following statements is TRUE with respect to representation in legal disputes?

Accepted Answer

A) Litigants are entitled to represent themselves in trials but not in appeals. 
B) If a lawyer has acted improperly but has no money to pay, the client may receive compensation from a law society fund. 
C) In-house counsel refers only to a situation in which a law firm that has been sued is represented by one of its own lawyers. 
D) The Law Society of Canada has the responsibility of regulating lawyers across the country. 
E) Communications between a paralegal and a client are always confidential and privileged. 
A) Litigants are entitled to represent themselves in trials but not in appeals. 
B) If a lawyer has acted improperly but has no money to pay, the client may receive compensation from a law society fund. 
C) In-house counsel refers only to a situation in which a law firm that has been sued is represented by one of its own lawyers. 
D) The Law Society of Canada has the responsibility of regulating lawyers across the country. 
E) Communications between a paralegal and a client are always confidential and privileged.

Question 6

Your company has purchased a wide variety of supplies from Acme Inc over the course of many years.Much to your surprise, Acme has just served a statement of claim on your company.You are puzzled and annoyed.First, you are puzzled because while the statement of claim clearly alleges that you owe Acme $15 000, the precise basis for that allegation is unclear.Given the amount of business that your company does with Acme, that claim might be made in reference to any one of literally dozens of recent transactions.You are quite sure, however, that you have not done anything wrong under any of those transactions.Second, you are annoyed because, in the interests of goodwill, your company has often accepted from Acme goods that were defective.In the past, you said nothing to Acme about those problems because you did not want to create bad feelings.But now that Acme has sued your company, you are feeling far less lenient.You are, in particular, dissatisfied with a shipment of shelving units that you received from Acme last week.Those shelves stand only 1.8 metres high, even though Acme promised in the contract of purchase and sale that the shelves would stand 2 metres high.In the circumstances, you have decided that you should sue Acme for breach of contract.Identify and briefly explain the pleadings that you will need to serve on Acme Inc.in the near future.

Accepted Answer

Your choice of pleadings is determined b

Question 7

Rachel has sued Nicholas in the superior court of same province where you live.Although the trial judge denied liability, Rachel has appealed.The appellate court

Accepted Answer

A) is bound by a decision of the Federal Court of Appeal. 
B) may deliver a decision that can be appealed to the Federal Court of Appeal. 
C) may refuse to follow one of its own earlier decisions. 
D) must follow decisions that the House of Lords reached before 1966. 
E) must not apply the decision of a non-Canadian court if it conflicts with the decision of an appellate court in Canada. 
A) is bound by a decision of the Federal Court of Appeal. 
B) may deliver a decision that can be appealed to the Federal Court of Appeal. 
C) may refuse to follow one of its own earlier decisions. 
D) must follow decisions that the House of Lords reached before 1966. 
E) must not apply the decision of a non-Canadian court if it conflicts with the decision of an appellate court in Canada.

Question 8

Arvid Dunston was severely injured when a large rock tumbled off a steep cliff and crashed through his windshield as he drove.Arvid sued the company that manufactured his vehicle on the basis that it had tortiously failed to use a type of glass that might have prevented the rock from entering the vehicle.He also sued the provincial government on the basis that the government had tortiously failed to inspect the area for rocks that might fall onto the road and hurt motorists.Which of the following statements is TRUE?

Accepted Answer

A) While the common law traditionally said that "the King can do no wrong," the relevant rules have been changed so that exactly the same rules will govern both of Arvid's claims. 
B) The limitation periods that are applicable to the two claims will almost certainly be the same. 
C) Arvid's two claims cannot be heard together because all claims against the government must be heard in a special type of court that is not available for disputes between two private parties. 
D) In order to sue both the company and the government at the same time, Arvid will be required to satisfy the rules governing class actions. 
E) Even though one of the defendants is a private company and the other is a government, both claims against each defendant will require Arvid to prove his allegations on a balance of probabilities. 
A) While the common law traditionally said that "the King can do no wrong," the relevant rules have been changed so that exactly the same rules will govern both of Arvid's claims. 
B) The limitation periods that are applicable to the two claims will almost certainly be the same. 
C) Arvid's two claims cannot be heard together because all claims against the government must be heard in a special type of court that is not available for disputes between two private parties. 
D) In order to sue both the company and the government at the same time, Arvid will be required to satisfy the rules governing class actions. 
E) Even though one of the defendants is a private company and the other is a government, both claims against each defendant will require Arvid to prove his allegations on a balance of probabilities.

Question 9

Panaural Inc is a long-established entertainment company.Among other things, it manufactures and sells music CDs.One of its best-selling artists is a group called Funky See Funky Do.Under the contract that exists between Panaural and Funky See Funky Do, copyright in all of the group's songs is held by the company.Panaural was therefore especially upset when it discovered that Noize Records, a small music company, has been manufacturing and selling CDs containing music by Funky See Funky Do.Panaural intends to sue Noize Records in to obtain (a) an injunction to stop Noize Record's illegal sales, and (b) $75 000 in compensation for the losses that it has suffered as a result of Noize Record's breach of copyright.In an effort to keep costs down, however, Panaural wants to bring its case in a small claims court.Is it entitled to do so? Provide several reasons for your answer.

Accepted Answer

Panaural cannot bring its action against

Question 10

Which of the following statements is TRUE with respect to alternative dispute resolution?

Accepted Answer

A) Arbitration is often preferred to mediation when the parties want to receive a binding decision from a third party. 
B) Arbitration cannot be used unless the parties previously created a contract that required all disputes to be resolved solely by arbitration. 
C) Negotiation is often considered a binding process when used by large corporations. 
D) Because they work outside of the regular court system, small claims courts are considered a form of binding arbitration. 
E) While negotiation and mediation are confidential procedures, arbitration is not confidential because arbitrators' decisions are always reported in public documents. 
A) Arbitration is often preferred to mediation when the parties want to receive a binding decision from a third party. 
B) Arbitration cannot be used unless the parties previously created a contract that required all disputes to be resolved solely by arbitration. 
C) Negotiation is often considered a binding process when used by large corporations. 
D) Because they work outside of the regular court system, small claims courts are considered a form of binding arbitration. 
E) While negotiation and mediation are confidential procedures, arbitration is not confidential because arbitrators' decisions are always reported in public documents.

Question 11

In a case filed in the federal court, Gamma Inc sued Delta Ltd for breach of contract.Gamma claimed damages of $500 000.Although Delta denied liability, it formally offered to settle the claim for $200 000.Gamma rejected that offer, but in response, it formally offered to settle its claim for $400 000.Delta rejected that offer.The case has now gone to trial.Explain what order the judge will likely make with respect to costs if (a) Delta is held liable for $450 000, (b) Delta is held liable for $100 000, or (c) Delta is held not liable.

Accepted Answer

As a general rule, the party that wins a

Question 12

Rejean is a world class athlete, who was recently suspended by the Canadian Athletics Association.If that suspension remains in place, Rejean will not be allowed to compete in the upcoming world championships.Rejean therefore hopes to quickly and conclusively have the suspension overturned.The contract that Rejean had signed with the Canadian Athletics Association gives him the right to choose any form of dispute resolution.Which of the following alternatives is likely his best option?

Accepted Answer

A) litigation 
B) mediation 
C) negotiation 
D) arbitration 
E) small claims court 
A) litigation 
B) mediation 
C) negotiation 
D) arbitration 
E) small claims court

Question 13

Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence.At one point during the litigation process, an examination-in-chief occurred.This means that

Accepted Answer

A) one of the parties asked the other party's witness a question during an examination for discovery. 
B) the other side asked the opponent's witness questions under oath. 
C) one of the parties hired an expert witness to conduct a scientific investigation on a piece of physical evidence. 
D) the examination in chief occurred while the case was on Appeal. 
E) questions were answered under oath at a trial by one party of its own witnesses. 
A) one of the parties asked the other party's witness a question during an examination for discovery. 
B) the other side asked the opponent's witness questions under oath. 
C) one of the parties hired an expert witness to conduct a scientific investigation on a piece of physical evidence. 
D) the examination in chief occurred while the case was on Appeal. 
E) questions were answered under oath at a trial by one party of its own witnesses.

Question 14

Which of the following statements is TRUE with respect to small claims courts?

Accepted Answer

A) Small claims courts are a type of superior court with the inherent jurisdiction of the common law courts and the courts of equity. 
B) In order to minimize costs and delays, small claims court judgments cannot be appealed. 
C) Cases heard in small claims courts are decided by magistrates, rather than judges. 
D) Small claims courts can award damages, but equitable relief. 
E) A plaintiff has the right to have a claim heard in the small claims court that is closest to their home. 
A) Small claims courts are a type of superior court with the inherent jurisdiction of the common law courts and the courts of equity. 
B) In order to minimize costs and delays, small claims court judgments cannot be appealed. 
C) Cases heard in small claims courts are decided by magistrates, rather than judges. 
D) Small claims courts can award damages, but equitable relief. 
E) A plaintiff has the right to have a claim heard in the small claims court that is closest to their home.

Question 15

Scalia Inc sued Ginsberg Ltd.in tort.Scalia claimed that it was entitled to receive $15 000 in compensation.Ginsberg denied liability, but in an attempt to resolve the issue quickly and quietly, formally offered to settle the claim for $9000.Scalia rejected the offer and took the case to trial in the federal court.The trial judge has now decided the case in favour of Scalia, but damages were limited to $8000.In the circumstances, the trial judge must award party-and-party costs against Ginsberg for the period up to the day when the settlement offer was made, and double party-and-party costs against Ginsburg for the period between that day and the end of the trial.

Accepted Answer

A) True 
 B)False

Which of the following statements regarding the Supreme Court of Canada is TRUE?

The requirements for certification in a class action include

Which of the following statements regarding the right to sue and representation in court is TRUE?

Screaming Eagle Inc, a company based in Los Angeles, wants to sue Canuck Manufacturing Inc in a court in Vancouver.While the American company may be entitled to sue in Canada, it must be represented by a litigation guardian.

Which of the following statements is TRUE with respect to representation in legal disputes?

Rachel has sued Nicholas in the superior court of same province where you live.Although the trial judge denied liability, Rachel has appealed.The appellate court

Which of the following statements is TRUE with respect to alternative dispute resolution?

Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence.At one point during the litigation process, an examination-in-chief occurred.This means that

Which of the following statements is TRUE with respect to small claims courts?

Risk Management and Sources of Law

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

Online: Special Contracts: Negotiable Instruments

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Exam 2: Litigation and Alternative Dispute Resolution

Which of the following statements regarding the Supreme Court of Canada is TRUE?

The requirements for certification in a class action include

Which of the following statements regarding the right to sue and representation in court is TRUE?

Screaming Eagle Inc, a company based in Los Angeles, wants to sue Canuck Manufacturing Inc in a court in Vancouver.While the American company may be entitled to sue in Canada, it must be represented by a litigation guardian.

Which of the following statements is TRUE with respect to representation in legal disputes?

Rachel has sued Nicholas in the superior court of same province where you live.Although the trial judge denied liability, Rachel has appealed.The appellate court

Which of the following statements is TRUE with respect to alternative dispute resolution?

Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence.At one point during the litigation process, an examination-in-chief occurred.This means that

Which of the following statements is TRUE with respect to small claims courts?

Risk Management and Sources of Law

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

Online: Special Contracts: Negotiable Instruments

Filters