Question 1

Which of the following is false with regard to administrative law?

Accepted Answer

A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  A writ of mandamus can force the administrator to perform his or her duty. 
C)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made. 
A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  A writ of mandamus can force the administrator to perform his or her duty. 
C)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made.

Question 2

Distinguish between a criminal and civil trial.

Accepted Answer

A criminal trial involves a prosecutor a

Question 3

What does successful mediation require?

Accepted Answer

Mediation requires a

Question 4

What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged?

Accepted Answer

Did the bureaucrat act within

Question 5

June was driving her car home after an office party and she was in an accident where,in addition to substantial damage to both cars,the other driver was seriously injured.Which of the following is correct with respect to the court experiences she is likely to have?

Accepted Answer

A)  If she is charged criminally for drunk driving and acquitted, that is the end of the matter. She cannot be tried again criminally or sued civilly. 
B)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
C)  If she is charged criminally and acquitted, she can still be sued for negligence by the injured driver. 
D)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
E)  The principle of double jeopardy means she can be taken to court only once, and so the choice must be made to proceed either civilly or criminally. 
A)  If she is charged criminally for drunk driving and acquitted, that is the end of the matter. She cannot be tried again criminally or sued civilly. 
B)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
C)  If she is charged criminally and acquitted, she can still be sued for negligence by the injured driver. 
D)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
E)  The principle of double jeopardy means she can be taken to court only once, and so the choice must be made to proceed either civilly or criminally.

Question 6

When we eventually get some cases that interpret a new section of the Criminal Code of Canada,from which one of the following courts will we get the most authoritative precedent,i.e.,the most binding ruling?

Accepted Answer

A)  the Manitoba Court of Queen's Bench 
B)  the Ontario Court of Appeal 
C)  the Federal Court of Appeal 
D)  the Supreme Court of B.C. 
E)  the Supreme Court of Canada 
A)  the Manitoba Court of Queen's Bench 
B)  the Ontario Court of Appeal 
C)  the Federal Court of Appeal 
D)  the Supreme Court of B.C. 
E)  the Supreme Court of Canada

Question 7

People are generally more willing to comply with court decisions than mediated agreements.

Accepted Answer

A) True 
 B)False

Question 8

Explain what is meant by the "examination for discovery."

Accepted Answer

The examination for discovery involves t

Question 9

Modify this question for your province.)James sued XYZ Company for $100 000 for negligence in the construction of an airplane.James alleged that because of this negligence the plane crashed and he sustained a serious back injury.In which one of the following courts should he bring this action?

Accepted Answer

A)  small claims court 
B)  county court 
C)  B.C. Supreme Court 
D)  B.C. Court of Appeal 
E)  Federal Corporation Court 
A)  small claims court 
B)  county court 
C)  B.C. Supreme Court 
D)  B.C. Court of Appeal 
E)  Federal Corporation Court

Question 10

Which of the following cases would be a good one to mediate?

Accepted Answer

A)  a case where the parties want to ensure the right to appeal 
B)  a case where the parties want a high degree of public visibility 
C)  a case where the parties want to maintain goodwill 
D)  a case where the parties are not concerned about costs and delays 
E)  a case where the parties do not trust each other 
A)  a case where the parties want to ensure the right to appeal 
B)  a case where the parties want a high degree of public visibility 
C)  a case where the parties want to maintain goodwill 
D)  a case where the parties are not concerned about costs and delays 
E)  a case where the parties do not trust each other

Question 11

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?

Accepted Answer

A)  Did the tribunal make the same decision that a court would have made? 
B)  Is the statute that created the tribunal ultra vires under the Constitution Act, 1867? 
C)  Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms? 
D)  Is the tribunal acting within the power given to it by statute? 
E)  Did the tribunal follow the rules of natural justice? 
A)  Did the tribunal make the same decision that a court would have made? 
B)  Is the statute that created the tribunal ultra vires under the Constitution Act, 1867? 
C)  Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms? 
D)  Is the tribunal acting within the power given to it by statute? 
E)  Did the tribunal follow the rules of natural justice?

Question 12

When a person is acquitted in a criminal matter,he or she can no longer be sued civilly.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is incorrect with respect to the function of the small claims court?

Accepted Answer

A)  The monetary jurisdiction of the court is limited. 
B)  The procedure is the same as the provincial superior trial court. 
C)  Lawyers usually don't attend. 
D)  The recovery of costs to compensate for legal fees is severely limited. 
E)  The provincial government appoints the judge. 
A)  The monetary jurisdiction of the court is limited. 
B)  The procedure is the same as the provincial superior trial court. 
C)  Lawyers usually don't attend. 
D)  The recovery of costs to compensate for legal fees is severely limited. 
E)  The provincial government appoints the judge.

Question 14

In the procedure leading to trial of a civil matter,the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which one of the following?

Accepted Answer

A)  stare decisis 
B)  the appearance 
C)  default judgment 
D)  examination for discovery 
E)  the statement of defence 
A)  stare decisis 
B)  the appearance 
C)  default judgment 
D)  examination for discovery 
E)  the statement of defence

Question 15

Sam operated a restaurant and George,a health inspector,visited the premises.Finding that one of the waiters had AIDS,George ordered the restaurant closed,using a section of the regulations allowing such closures to prevent the spread of contagious diseases.Sam was very unhappy about the loss of business but didn't want to fire his waiter.He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS,even though AIDS had been specifically included in the regulations.Which of the following is incorrect with respect to Sam's legal position?

Accepted Answer

A)  Sam can reopen the restaurant. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  Sam can challenge the action even though the closure was authorized in the regulations. 
A)  Sam can reopen the restaurant. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  Sam can challenge the action even though the closure was authorized in the regulations.

Question 16

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

Accepted Answer

A) True 
 B)False

Question 17

The federal government appoints all judges in Canada.

Accepted Answer

A) True 
 B)False

Question 18

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Accepted Answer

A) True 
 B)False

Question 19

Mildred and Sam's marriage breaks up and she wants a divorce.Which court would deal with this action?

Accepted Answer

A)  small claims court 
B)  family court 
C)  superior trial court 
D)  surrogate court 
E)  provincial youth court 
A)  small claims court 
B)  family court 
C)  superior trial court 
D)  surrogate court 
E)  provincial youth court

Question 20

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

Accepted Answer

When juveniles are involved,wh

Which of the following is false with regard to administrative law?

Distinguish between a criminal and civil trial.

What does successful mediation require?

What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged?

June was driving her car home after an office party and she was in an accident where,in addition to substantial damage to both cars,the other driver was seriously injured.Which of the following is correct with respect to the court experiences she is likely to have?

When we eventually get some cases that interpret a new section of the Criminal Code of Canada,from which one of the following courts will we get the most authoritative precedent,i.e.,the most binding ruling?

People are generally more willing to comply with court decisions than mediated agreements.

Explain what is meant by the "examination for discovery."

Modify this question for your province.)James sued XYZ Company for $100 000 for negligence in the construction of an airplane.James alleged that because of this negligence the plane crashed and he sustained a serious back injury.In which one of the following courts should he bring this action?

Which of the following cases would be a good one to mediate?

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?

When a person is acquitted in a criminal matter,he or she can no longer be sued civilly.

Which of the following is incorrect with respect to the function of the small claims court?

In the procedure leading to trial of a civil matter,the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which one of the following?

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

The federal government appoints all judges in Canada.

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Mildred and Sam's marriage breaks up and she wants a divorce.Which court would deal with this action?

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

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

Which of the following is false with regard to administrative law?

Distinguish between a criminal and civil trial.

What does successful mediation require?

What are the two main things to look for when determining whether the decision of a government bureaucrat can be challenged?

June was driving her car home after an office party and she was in an accident where,in addition to substantial damage to both cars,the other driver was seriously injured.Which of the following is correct with respect to the court experiences she is likely to have?

When we eventually get some cases that interpret a new section of the Criminal Code of Canada,from which one of the following courts will we get the most authoritative precedent,i.e.,the most binding ruling?

People are generally more willing to comply with court decisions than mediated agreements.

Explain what is meant by the "examination for discovery."

Modify this question for your province.)James sued XYZ Company for $100 000 for negligence in the construction of an airplane.James alleged that because of this negligence the plane crashed and he sustained a serious back injury.In which one of the following courts should he bring this action?

Which of the following cases would be a good one to mediate?

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?

When a person is acquitted in a criminal matter,he or she can no longer be sued civilly.

Which of the following is incorrect with respect to the function of the small claims court?

In the procedure leading to trial of a civil matter,the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which one of the following?

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

The federal government appoints all judges in Canada.

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Mildred and Sam's marriage breaks up and she wants a divorce.Which court would deal with this action?

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

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