Question 1

Prohibition involves the decision of the decision maker being quashed or of no effect.

Accepted Answer

A) True 
 B)False

Question 2

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

Accepted Answer

Small claims courts have a limited,somet

Question 3

The principles of fundamental justice include procedural fairness and natural justice rules.

Accepted Answer

A) True 
 B)False

Question 4

Who prosecutes a criminal matter?

Accepted Answer

The answer of Who prosecutes a criminal matter?...

Question 5

To this date,online dispute resolution programs have not been developed to help resolve disputes between parties.

Accepted Answer

A) True 
 B)False

Question 6

What is the standard of proof used in a criminal matter?

Accepted Answer

beyond a r

Question 7

Which of the following statements concerning limitation periods is true?

Accepted Answer

A)  Government bodies are exempt from limitation periods. 
B)  Limitation periods are invalid, because they offend the Charter of Rights and Freedoms. 
C)  Limitation periods are invalid, because they are ultra vires. 
D)  The relevant limitation period applies to even government bodies. 
E)  Government bodies are above the law. 
A)  Government bodies are exempt from limitation periods. 
B)  Limitation periods are invalid, because they offend the Charter of Rights and Freedoms. 
C)  Limitation periods are invalid, because they are ultra vires. 
D)  The relevant limitation period applies to even government bodies. 
E)  Government bodies are above the law.

Question 8

The Supreme Court of Canada only hears appeals of private citizens.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following is correct with respect to the enforcement of judgments?

Accepted Answer

A)  The parties to a contract can specify that the civil law of another jurisdiction is to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  To enforce a judgment in another jurisdiction, that case must always be heard all over again. 
A)  The parties to a contract can specify that the civil law of another jurisdiction is to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  To enforce a judgment in another jurisdiction, that case must always be heard all over again.

Question 10

Indicate what a statement of claim is.

Accepted Answer

The statement of claim is the document w

Question 11

Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1000.Ewen agreed to lend him this amount at an annual rate of 25 percent,repayable June 14.Bruce agreed to these terms.Meanwhile,Bruce had recently completed some plumbing work for Martinson for which he was owed $2000.If Bruce failed to pay Ewen on June 14,which of the following is true?

Accepted Answer

A)  Ewen could sue Martinson for violation (breach) of the contract. 
B)  Ewen could execute against Bruce even if he had not obtained judgment against him. 
C)  Ewen could serve Martinson with a garnishing order after obtaining judgment commanding him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. 
D)  If Ewen obtained a judgment against Bruce, he could compel him to be examined about Martinson's income, property, and debts. 
E)  Ewen does not have to wait to obtain a judgment before executing against Bruce's assets. 
A)  Ewen could sue Martinson for violation (breach) of the contract. 
B)  Ewen could execute against Bruce even if he had not obtained judgment against him. 
C)  Ewen could serve Martinson with a garnishing order after obtaining judgment commanding him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce. 
D)  If Ewen obtained a judgment against Bruce, he could compel him to be examined about Martinson's income, property, and debts. 
E)  Ewen does not have to wait to obtain a judgment before executing against Bruce's assets.

Question 12

What is meant by "mandamus"?

Accepted Answer

This is an order ord

Question 13

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which one of the following would not be a ground upon which the decision of that clerk could be challenged?

Accepted Answer

A)  The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make. 
B)  The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments. 
C)  The clerk owned his own large truck that operated in competition with Joe in the same small community. 
D)  The clerk exercised a discretionary power given to him under the legislation. 
E)  The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance. 
A)  The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make. 
B)  The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments. 
C)  The clerk owned his own large truck that operated in competition with Joe in the same small community. 
D)  The clerk exercised a discretionary power given to him under the legislation. 
E)  The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance.

Question 14

Describe the process of obtaining judicial review,including the historical prerogative writs.

Accepted Answer

Historically,judicial review involved ob

Question 15

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.

Accepted Answer

A)  Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 
B)  The exercise of governmental power is subject to a number of constitutional limitations. 
C)  The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 
D)  The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. 
E)  Statutes often restrict the power of government officials. 
A)  Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 
B)  The exercise of governmental power is subject to a number of constitutional limitations. 
C)  The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 
D)  The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. 
E)  Statutes often restrict the power of government officials.

Question 16

Jones operated a local movie theatre in a small town that had fallen on hard times.As a last ditch effort to attract customers,he decided to show pornographic movies.From the week the change was made,the theatre had to turn away customers on a regular basis.The local town council was quite upset,however,especially since a number of them represented a conservative and religious constituency.They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that.They then decided to increase the licence fee from the regular $50 per year to $15 000 per year.Jones was notified of the fact that this course of action was being considered,and he was given a chance to appear before the council to state his case.He did so,but the council decided to go ahead with the decision in any case.This,of course,would force Jones out of business,and so Jones,after exhausting any local remedies and appeals,took the matter to court.Which of the following accurately indicates the legal position of the parties?

Accepted Answer

A)  Jones will be successful and will seek an order of mandamus. 
B)  Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will not be successful since the decision has been made and he has exhausted his remedies. 
A)  Jones will be successful and will seek an order of mandamus. 
B)  Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will not be successful since the decision has been made and he has exhausted his remedies.

Question 17

Mediation is a concept developed in the past decade.

Accepted Answer

A) True 
 B)False

Question 18

What is meant by "prohibition"?

Accepted Answer

Prohibition is an order by the

Question 19

Who brings a civil action?

Accepted Answer

The answer of Who brings a civil action?...

Question 20

When a cause of action arises in some other province in Canada,where can the victim bring the action?

Accepted Answer

Normally the victim can bring

Prohibition involves the decision of the decision maker being quashed or of no effect.

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

The principles of fundamental justice include procedural fairness and natural justice rules.

Who prosecutes a criminal matter?

To this date,online dispute resolution programs have not been developed to help resolve disputes between parties.

What is the standard of proof used in a criminal matter?

Which of the following statements concerning limitation periods is true?

The Supreme Court of Canada only hears appeals of private citizens.

Which of the following is correct with respect to the enforcement of judgments?

Indicate what a statement of claim is.

What is meant by "mandamus"?

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which one of the following would not be a ground upon which the decision of that clerk could be challenged?

Describe the process of obtaining judicial review,including the historical prerogative writs.

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.

Mediation is a concept developed in the past decade.

What is meant by "prohibition"?

Who brings a civil action?

When a cause of action arises in some other province in Canada,where can the victim bring the action?

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

Prohibition involves the decision of the decision maker being quashed or of no effect.

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

The principles of fundamental justice include procedural fairness and natural justice rules.

Who prosecutes a criminal matter?

To this date,online dispute resolution programs have not been developed to help resolve disputes between parties.

What is the standard of proof used in a criminal matter?

Which of the following statements concerning limitation periods is true?

The Supreme Court of Canada only hears appeals of private citizens.

Which of the following is correct with respect to the enforcement of judgments?

Indicate what a statement of claim is.

What is meant by "mandamus"?

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which one of the following would not be a ground upon which the decision of that clerk could be challenged?

Describe the process of obtaining judicial review,including the historical prerogative writs.

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.

Mediation is a concept developed in the past decade.

What is meant by "prohibition"?

Who brings a civil action?

When a cause of action arises in some other province in Canada,where can the victim bring the action?

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