Question 1

In Semelhago v.Paramadevan,the Supreme Court of Canada held that in land transaction disputes,

Accepted Answer

A)  specific performance should not always be considered the appropriate remedy. 
B)  specific performance is the only possible remedy. 
C)  both damages and specific performance must be awarded. 
D)  neither damages nor specific performance will ever be available. 
E)  only alternative dispute resolution is possible. 
A)  specific performance should not always be considered the appropriate remedy. 
B)  specific performance is the only possible remedy. 
C)  both damages and specific performance must be awarded. 
D)  neither damages nor specific performance will ever be available. 
E)  only alternative dispute resolution is possible. A

Question 2

Which of the following statements is correct with respect to the functions of government?

Accepted Answer

A)  The executive branch of government consists of those senior clerks working for the ministers. 
B)  The legislative branch of government consists of the federal Parliament and the provincial legislative assemblies. 
C)  The judicial branch of government consists of the police forces and the RCMP. 
D)  The executive branch of government consists of the federal Parliament and the provincial legislative assemblies. 
E)  The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation. 
A)  The executive branch of government consists of those senior clerks working for the ministers. 
B)  The legislative branch of government consists of the federal Parliament and the provincial legislative assemblies. 
C)  The judicial branch of government consists of the police forces and the RCMP. 
D)  The executive branch of government consists of the federal Parliament and the provincial legislative assemblies. 
E)  The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation. B

Question 3

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Accepted Answer

A)  The power of the Parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution. 
B)  The federal Parliament is now supreme and can override anything done by the provincial legislatures or the courts. 
C)  Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. 
D)  Now in Canada there is an effective system of checks and balances where the Prime Minister on some occasions can overrule decisions made by Parliament or the Supreme Court of Canada. 
E)  With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal. 
A)  The power of the Parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution. 
B)  The federal Parliament is now supreme and can override anything done by the provincial legislatures or the courts. 
C)  Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. 
D)  Now in Canada there is an effective system of checks and balances where the Prime Minister on some occasions can overrule decisions made by Parliament or the Supreme Court of Canada. 
E)  With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal. C

Question 4

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ____________".

Accepted Answer

A)  fair hearing 
B)  procedural fairness 
C)  fundamental justice 
D)  natural justice 
E)  the Supreme Court 
A)  fair hearing 
B)  procedural fairness 
C)  fundamental justice 
D)  natural justice 
E)  the Supreme Court

Question 5

What is a writ of certiorari?

Accepted Answer

Certiorari involves a court or

Question 6

Some businesses may be subject to both federal and provincial regulations.

Accepted Answer

A) True 
 B)False

Question 7

The emphasis of drug treatment courts is incarceration.

Accepted Answer

A) True 
 B)False

Question 8

Explain what happens at the discovery of document stage of the discovery process.

Accepted Answer

Each party has the right to in

Question 9

Under what circumstances can a creditor take steps even before judgment to seize property or funds?

Accepted Answer

Rarely will this be allowed.Usually a pe

Question 10

The procedure that allows a judgment creditor to ask a judgment debtor about his income,property,and debts is which of the following?

Accepted Answer

A)  execution 
B)  examination in aid of execution 
C)  secured transaction 
D)  garnishee procedure 
E)  seize or sue rule 
A)  execution 
B)  examination in aid of execution 
C)  secured transaction 
D)  garnishee procedure 
E)  seize or sue rule

Question 11

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

Accepted Answer

A)  Common law overrides case law on the same point. 
B)  The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
C)  The courts have no power to declare a provincial statute to be void; only federal statutes can be struck down by the courts. 
D)  The courts cannot affect the meaning of the statute through subsequent interpretation. 
E)  A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. 
A)  Common law overrides case law on the same point. 
B)  The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
C)  The courts have no power to declare a provincial statute to be void; only federal statutes can be struck down by the courts. 
D)  The courts cannot affect the meaning of the statute through subsequent interpretation. 
E)  A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.

Question 12

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Accepted Answer

In fact,there are arguments on both side

Question 13

Indicate three of the requirements of the rules of natural justice.

Accepted Answer

A fair hearing with adequate n

Question 14

A privative clause is which of the following?

Accepted Answer

A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
E)  Privative clauses are those sections of the charter with respect to personal freedoms. 
A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
E)  Privative clauses are those sections of the charter with respect to personal freedoms.

Question 15

Indicate the jurisdiction of the Federal Court of Appeal.

Accepted Answer

It hears appeals from the Fede

Question 16

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

Accepted Answer

A)  statement of claim 
B)  discovery 
C)  writ of summons 
D)  appearance 
E)  statement of defence 
A)  statement of claim 
B)  discovery 
C)  writ of summons 
D)  appearance 
E)  statement of defence

Question 17

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?

Accepted Answer

A)  mandamus 
B)  certiorari 
C)  declaratory judgment 
D)  prohibition 
E)  injunction 
A)  mandamus 
B)  certiorari 
C)  declaratory judgment 
D)  prohibition 
E)  injunction

Question 18

Which of the following accurately reflects a recent change to the court system?

Accepted Answer

A)  Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. 
B)  Unified family courts have made the court process significantly more complicated, because of added court procedure and complex rules. 
C)  Drug treatment courts have been established in certain jurisdictions, where the emphasis is on lengthy jail time and other severe penalties. 
D)  The Nunavut Court of Justice is Canada's first single-level court. 
E)  Sentencing circles are "circuit courts" which travel throughout rural areas to hear cases. 
A)  Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. 
B)  Unified family courts have made the court process significantly more complicated, because of added court procedure and complex rules. 
C)  Drug treatment courts have been established in certain jurisdictions, where the emphasis is on lengthy jail time and other severe penalties. 
D)  The Nunavut Court of Justice is Canada's first single-level court. 
E)  Sentencing circles are "circuit courts" which travel throughout rural areas to hear cases.

Question 19

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

Accepted Answer

A)  If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. 
B)  A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
C)  In a criminal case, an individual person is taking the action against the accused. 
D)  The prosecutor must prove his case based "upon a balance of probabilities." 
E)  The person who begins a civil action is usually called the "prosecutor." 
A)  If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. 
B)  A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
C)  In a criminal case, an individual person is taking the action against the accused. 
D)  The prosecutor must prove his case based "upon a balance of probabilities." 
E)  The person who begins a civil action is usually called the "prosecutor."

Question 20

Which of the following is false with regard to our legal system?

Accepted Answer

A)  An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B)  Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
C)  Our Constitution can be amended but not by the federal Parliament acting alone. 
D)  If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
E)  Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning. 
A)  An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B)  Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
C)  Our Constitution can be amended but not by the federal Parliament acting alone. 
D)  If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
E)  Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning.

In Semelhago v.Paramadevan,the Supreme Court of Canada held that in land transaction disputes,

Which of the following statements is correct with respect to the functions of government?

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ____________".

What is a writ of certiorari?

Some businesses may be subject to both federal and provincial regulations.

The emphasis of drug treatment courts is incarceration.

Explain what happens at the discovery of document stage of the discovery process.

Under what circumstances can a creditor take steps even before judgment to seize property or funds?

The procedure that allows a judgment creditor to ask a judgment debtor about his income,property,and debts is which of the following?

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Indicate three of the requirements of the rules of natural justice.

A privative clause is which of the following?

Indicate the jurisdiction of the Federal Court of Appeal.

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

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?

Which of the following accurately reflects a recent change to the court system?

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

Which of the following is false with regard to our legal system?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

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Sales and Consumer Protection

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Exam 3: The Resolution of Disputesthe Courts and Alternatives to Litigation

In Semelhago v.Paramadevan,the Supreme Court of Canada held that in land transaction disputes,

Which of the following statements is correct with respect to the functions of government?

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ____________".

What is a writ of certiorari?

Some businesses may be subject to both federal and provincial regulations.

The emphasis of drug treatment courts is incarceration.

Explain what happens at the discovery of document stage of the discovery process.

Under what circumstances can a creditor take steps even before judgment to seize property or funds?

The procedure that allows a judgment creditor to ask a judgment debtor about his income,property,and debts is which of the following?

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Indicate three of the requirements of the rules of natural justice.

A privative clause is which of the following?

Indicate the jurisdiction of the Federal Court of Appeal.

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

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?

Which of the following accurately reflects a recent change to the court system?

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

Which of the following is false with regard to our legal system?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters