Exam 2: Litigation and Alternative Dispute Resolution

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.

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

Jeff is considering filing a lawsuit as a plaintiff in the province of Alberta,but he honestly doesn't think he should win.Jeff has no money and,in order to make sure he doesn't have to pay anything if he loses,he wants to self-represent.Jeff should

Kirndeep recently received a bachelor of business administration.She has,however,always dreamed of representing people with legal problems.She has come to you for advice and guidance regarding the various possibilities.Which of the following statements is TRUE?

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

While a cross-examination usually occurs in open court,examinations for discovery occur outside of court.

Katrina is a judge in the Manitoba Court of Appeal.She is currently deciding a case regarding the rights of mothers to their unborn children.Which of the following is true in regards to Katrina's decision?

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

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

Ren,after an interview,feels that he didn't get the job because he is a part of the Lakeside Yacht Club,a club considered far less prestigious that the Oceanview Yacht Club on the other side of town.You suggest Ren should

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

There is no guarantee that things will go well merely because you hire a lawyer.There are,however,certain conditions that are required of lawyers,which provide some assurance that (i)a lawyer is competent,(ii)a lawyer will act ethically,and (iii)compensation will be available if you suffer a loss as a result of a lawyer's careless or wrongful behaviour.Identify and briefly describe the relevant conditions for each of those three propositions.

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.

The doctrine of precedent

Kyle and Jack live in BC and are being sued by their landlord,Saurabh,for failing to pay their rent.Which of the following is false regarding the lawsuit?

At the end of a case,a court awarded costs against Craig.Which of the following statements is TRUE?

Joaquim just lost his case against Susan in his province's Supreme Court,Trial Division.He believes the verdict was wrong.Joaquim should