Question 1

Distinguish between mediation and arbitration.

Accepted Answer

Mediation involves someone trying to help the parties to get a settlement,but any recommendations are not binding and the mediator has no power to impose an agreement.Arbitration involves a third party deciding the matter,and that decision is binding on the parties.

Question 2

When,in a battery 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  False

Question 3

Describe the court structure in place in your province.

Accepted Answer

This will vary from province to province.In British Columbia,the bottom level is Provincial Court,consisting of the Small Claims Court,the Family Court,and the Criminal Division.The next level is the B.C.Supreme Court.The highest level is the Court of Appeal.

Question 4

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

Accepted Answer

A) The executive branch of government consists solely 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 solely 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.

Question 5

(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 6

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

Accepted Answer

A) True 
 B)False

Question 7

Who prosecutes a criminal matter?

Accepted Answer

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

Question 8

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Accepted Answer

A) True 
 B)False

Question 9

Hank sold three properties for Mr.W and was paid his commission for the first property,but not for the last two.Hank has done everything according to the contract and according to the relevant statutes,but Mr.W will not pay.Hank knows that Mr.W has a bank account with the Bank of Toronto and has money owed to him from a Mr.Gregory.If Hank successfully sues Mr.W.,which of the following would be false?

Accepted Answer

A) The lawsuit commenced by Hank against Mr.W would be for breach of contract. 
B) Hank could force the bank to pay into court an amount of money from Mr.W's account to satisfy the debt. 
C) Hank could personally seize the property of Mr.Gregory to satisfy the debt. 
D) Hank could have a government-authorized official seize enough of Mr.W's goods to satisfy the judgment debt. 
E) Hank could examine Mr.W under oath to determine what assets he has. 
A) The lawsuit commenced by Hank against Mr.W would be for breach of contract. 
B) Hank could force the bank to pay into court an amount of money from Mr.W's account to satisfy the debt. 
C) Hank could personally seize the property of Mr.Gregory to satisfy the debt. 
D) Hank could have a government-authorized official seize enough of Mr.W's goods to satisfy the judgment debt. 
E) Hank could examine Mr.W under oath to determine what assets he has.

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Negotiation only works when both parties are willing to make concessions.

Accepted Answer

A) True 
 B)False

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

Explain what is meant by the examination for discovery.

Accepted Answer

The examination for discovery involves t

Question 14

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Accepted Answer

A) Divorce is a matter for a superior court. 
B) Young offenders are now tried in the adult criminal court. 
C) The procedure used in small claims courts is identical to that used in superior level courts. 
D) At the provincial superior court trial level,at least 3 judges sit and adjudicate the matter. 
E) At the court of appeal level,3 or 5 judges normally sit unless there is a jury involved,and then there is only one judge. 
A) Divorce is a matter for a superior court. 
B) Young offenders are now tried in the adult criminal court. 
C) The procedure used in small claims courts is identical to that used in superior level courts. 
D) At the provincial superior court trial level,at least 3 judges sit and adjudicate the matter. 
E) At the court of appeal level,3 or 5 judges normally sit unless there is a jury involved,and then there is only one judge.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

When juveniles are involved,wh

Question 17

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.

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

With regard to the process of a civil law suit,which of the following is true?

Accepted Answer

A) A "counterclaim" is an action by the defendant back against the plaintiff. 
B) Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. 
C) The plaintiff must prove his case on the balance of probabilities,not beyond a reasonable doubt. 
D) The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. 
E) All of the above are true. 
A) A "counterclaim" is an action by the defendant back against the plaintiff. 
B) Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. 
C) The plaintiff must prove his case on the balance of probabilities,not beyond a reasonable doubt. 
D) The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. 
E) All of the above are true.

Question 20

Describe recent developments in Canada's court systems made by various governments.

Accepted Answer

Students should review the variety of in

Distinguish between mediation and arbitration.

When,in a battery 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.

Describe the court structure in place in your province.

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

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

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

Who prosecutes a criminal matter?

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

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

Negotiation only works when both parties are willing to make concessions.

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

Explain what is meant by the examination for discovery.

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

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

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

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

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

With regard to the process of a civil law suit,which of the following is true?

Describe recent developments in Canada's court systems made by various governments.

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence,Professional Liability,and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

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

Distinguish between mediation and arbitration.

When,in a battery 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.

Describe the court structure in place in your province.

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

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

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

Who prosecutes a criminal matter?

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

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

Negotiation only works when both parties are willing to make concessions.

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

Explain what is meant by the examination for discovery.

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

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

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

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

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

With regard to the process of a civil law suit,which of the following is true?

Describe recent developments in Canada's court systems made by various governments.

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence,Professional Liability,and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters