Question 1

Discuss what constitutes a fair hearing.

Accepted Answer

This question requires students to show

Question 2

The administrative tribunal process is excluded from Charter supervision because of the "notwithstanding clause."

Accepted Answer

A) True 
 B)False

Question 3

Explain the function and jurisdiction of the Federal Court.

Accepted Answer

The Federal Court deals with matters tha

Question 4

In which of the following situations would the court likely be closed to the public or the press barred from publishing the proceedings?

Accepted Answer

A)  when children are involved 
B)  when the matter involves sexual misconduct and is embarrassing to the accused 
C)  when the matter involves drunk driving 
D)  when the government is one of the parties 
E)  when large corporations are involved and the testimony involves economically sensitive material 
A)  when children are involved 
B)  when the matter involves sexual misconduct and is embarrassing to the accused 
C)  when the matter involves drunk driving 
D)  when the government is one of the parties 
E)  when large corporations are involved and the testimony involves economically sensitive material

Question 5

Both the federal and provincial governments have administrative tribunals that can affect us.

Accepted Answer

A) True 
 B)False

Question 6

Garnishment involves the interception of funds owed to the judgment debtor.

Accepted Answer

A) True 
 B)False

Question 7

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

Accepted Answer

The superior trial court is a court and

Question 8

When,in an assault case,the court has to decide whether the nasty names Joe called James justified James hitting Joe,this is an example of a question of fact.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is correct with respect to the litigation process?

Accepted Answer

A)  Even though a judgment is obtained, payment is not assured. 
B)  A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. 
C)  An offer to settle brings to an end the parties' right to proceed to trial. 
D)  An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial. 
E)  A counterclaim is brought by the plaintiff, who is then claiming against the defendant. 
A)  Even though a judgment is obtained, payment is not assured. 
B)  A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims. 
C)  An offer to settle brings to an end the parties' right to proceed to trial. 
D)  An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial. 
E)  A counterclaim is brought by the plaintiff, who is then claiming against the defendant.

Question 10

It is generally cost-effective and worthwhile to pursue judicial review.

Accepted Answer

A) True 
 B)False

Question 11

Max operated a video store in a small community,and because of financial problems,decided to show pornographic movies.The citizens were outraged when they learned about the change and demanded that the police close down the store.The police refused,saying there was no law against it.The citizens then persuaded the town council to pass a bylaw making such immoral activities a crime.This was done,and Max was ordered by the police to close down the theatre.Which one of the following accurately describes Max's legal position?

Accepted Answer

A)  He must close down the theatre because the town council has the power to require him to conform with such a provision. 
B)  He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. 
C)  He can stay open because the town council had no power to make such activities a crime. 
D)  He can stay open but cannot advertise in any way to promote this activity. 
E)  Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants. 
A)  He must close down the theatre because the town council has the power to require him to conform with such a provision. 
B)  He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. 
C)  He can stay open because the town council had no power to make such activities a crime. 
D)  He can stay open but cannot advertise in any way to promote this activity. 
E)  Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants.

Question 12

How do the courts react to privative clauses?

Accepted Answer

The courts are reluctant to have their p

Question 13

Joe owned a house and wanted to make an addition that would double its size.He applied to the city hall for a building permit but was amazed at a new policy instituted by the engineering department,restricting the size of all buildings to 50 percent of the lot size.This was considerably less than what he wanted,and his request for a building permit was refused.Angry,he decided to proceed anyway.What should Joe do with respect to his legal position?

Accepted Answer

A)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus. 
B)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari. 
C)  Even if Joe finds out that the city council is planning to take action against him, there is nothing he can do as he did fail to get a permit. 
D)  If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made. 
E)  If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction. 
A)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus. 
B)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari. 
C)  Even if Joe finds out that the city council is planning to take action against him, there is nothing he can do as he did fail to get a permit. 
D)  If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made. 
E)  If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction.

Question 14

Modify this question for your province.)Fred sold Carole his old MacIntosh computer and the printer with eight programs for $2900.After she paid $1000,Carole quit paying.When she had no complaint about the computer,printer or programs but just wouldn't pay,Fred decided to sue.He would most likely begin his action in:

Accepted Answer

A)  Small Claims Division, Provincial Court 
B)  Criminal Division, Provincial Court 
C)  B.C. Supreme Court 
D)  B.C. Court of Appeal 
E)  Federal Court 
A)  Small Claims Division, Provincial Court 
B)  Criminal Division, Provincial Court 
C)  B.C. Supreme Court 
D)  B.C. Court of Appeal 
E)  Federal Court

Question 15

A requirement of the rules of ___________ is that the decision be made by the persons hearing the evidence.

Accepted Answer

A)  fundamental justice 
B)  procedural fairness 
C)  procedural justice 
D)  natural justice 
E)  ADR 
A)  fundamental justice 
B)  procedural fairness 
C)  procedural justice 
D)  natural justice 
E)  ADR

Question 16

How many judges are involved at the Supreme Court of Canada level?

Accepted Answer

The answer of How many judges are involved at the...

Question 17

Prerogative writs are the remedies available when a duty to act fairly has not been met.

Accepted Answer

A) True 
 B)False

Question 18

A requirement of the rules of natural justice is that the decision be made by the persons hearing the evidence.

Accepted Answer

A) True 
 B)False

Question 19

What is a counterclaim?

Accepted Answer

If the defence feels that they not only

Question 20

Mr.Holden,a program developer,had a successful business helping small firms and shops computerize their businesses.In his spare time,he developed software for inventory control that was superior to others on the market.He launched an ad campaign and all went well for several months-until a competitor came out with a cheaper program.In time,he could not pay his debts when they became due and owing.A supplier sued for damages and was awarded $21 000.Holden did not pay.With regard to the supplier's position at this time,which of the following is false?

Accepted Answer

A)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
B)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
C)  The supplier could examine Holden under oath about his assets and sources of income. 
D)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E)  The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt. 
A)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
B)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
C)  The supplier could examine Holden under oath about his assets and sources of income. 
D)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E)  The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt.

Discuss what constitutes a fair hearing.

The administrative tribunal process is excluded from Charter supervision because of the "notwithstanding clause."

Explain the function and jurisdiction of the Federal Court.

In which of the following situations would the court likely be closed to the public or the press barred from publishing the proceedings?

Both the federal and provincial governments have administrative tribunals that can affect us.

Garnishment involves the interception of funds owed to the judgment debtor.

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

When,in an assault case,the court has to decide whether the nasty names Joe called James justified James hitting Joe,this is an example of a question of fact.

Which of the following is correct with respect to the litigation process?

It is generally cost-effective and worthwhile to pursue judicial review.

How do the courts react to privative clauses?

A requirement of the rules of ___________ is that the decision be made by the persons hearing the evidence.

How many judges are involved at the Supreme Court of Canada level?

Prerogative writs are the remedies available when a duty to act fairly has not been met.

A requirement of the rules of natural justice is that the decision be made by the persons hearing the evidence.

What is a counterclaim?

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

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

Discuss what constitutes a fair hearing.

The administrative tribunal process is excluded from Charter supervision because of the "notwithstanding clause."

Explain the function and jurisdiction of the Federal Court.

In which of the following situations would the court likely be closed to the public or the press barred from publishing the proceedings?

Both the federal and provincial governments have administrative tribunals that can affect us.

Garnishment involves the interception of funds owed to the judgment debtor.

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

When,in an assault case,the court has to decide whether the nasty names Joe called James justified James hitting Joe,this is an example of a question of fact.

Which of the following is correct with respect to the litigation process?

It is generally cost-effective and worthwhile to pursue judicial review.

How do the courts react to privative clauses?

A requirement of the rules of ___________ is that the decision be made by the persons hearing the evidence.

How many judges are involved at the Supreme Court of Canada level?

Prerogative writs are the remedies available when a duty to act fairly has not been met.

A requirement of the rules of natural justice is that the decision be made by the persons hearing the evidence.

What is a counterclaim?

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