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

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Mandamus involves the decision maker being required to make a decision that she has been avoiding.

(True/False)
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Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation results.

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A case in which a businessperson is being prosecuted for fraud would be held in a criminal court.

(True/False)
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What is a dry judgment?

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A negotiation will most likely lead to agreement when the parties are

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A case in which one person sues another for breach of contract would be conducted in a civil court.

(True/False)
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Contrast the position of the victim in a criminal and a civil trial.

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A jury is not available in civil disputes.

(True/False)
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Mediation and arbitration are becoming more common in resolving online disputes.

(True/False)
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Who are the parties to the appeal of a civil action?

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The emphasis of mental health courts is punishment.

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Generally,when a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can sue where the defendant resides or where the cause of action arose.

(True/False)
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How is the procedure in small claims court different from that followed in superior trial court?

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Explain the difference between regulatory offences and criminal law.

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When a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can only bring an action where that cause of action arose.

(True/False)
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Which of the following is true with respect to recent litigation reforms?

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In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

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The executive branch of government is responsible for regulatory bodies created by legislation.

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The job of the mediator is to help the parties come to an agreement,not to make a decision for them.

(True/False)
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Explain what the "R" stands for in the citation R.v.Jones.

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