Question 1

When a court has to decide in a battery case whether Joe really did hit James,this is an example of a question of fact.

Accepted Answer

A) True 
 B)False

Question 2

In Semelhago v.Paramadevan,the Supreme Court of Canada held that in land transaction disputes,

Accepted Answer

A) specific performance should not always be considered the appropriate remedy. 
B) specific performance is the only possible remedy. 
C) damages and specific performance must both be awarded. 
D) neither damages nor specific performance will ever be available. 
E) only alternative dispute resolution is possible. 
A) specific performance should not always be considered the appropriate remedy. 
B) specific performance is the only possible remedy. 
C) damages and specific performance must both be awarded. 
D) neither damages nor specific performance will ever be available. 
E) only alternative dispute resolution is possible.

Question 3

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%,repayable June 14.Bruce agreed to these terms.Meanwhile,Bruce recently completed some plumbing work for Martinson for which he was owed $2000.If Bruce fails to pay Ewen on June 14,which of the following would be 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 garnishee after obtaining judgment requiring 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 garnishee after obtaining judgment requiring 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 4

A jury is not available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 5

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

Accepted Answer

Examination in aid of executio

Question 6

Indicate two alternatives to court action.

Accepted Answer

Negotiatio

Question 7

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

Accepted Answer

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

Question 8

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Accepted Answer

1.Where the decision maker has no author

Question 9

Indicate what can be appealed in an appeal court.

Accepted Answer

Usually only questio

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

Explain the function and jurisdiction of the Federal Court.

Accepted Answer

The Federal Court deals with m

Question 12

The emphasis of drug treatment courts is incarceration.

Accepted Answer

A) True 
 B)False

Question 13

You can always count on a mediated process to be fair.

Accepted Answer

A) True 
 B)False

Question 14

The pre-trial process is often criticized as causing long delays.Explain why it is necessary.

Accepted Answer

Delays are caused by these procedural st

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

The Supreme Court of Canada only hears appeals from other courts.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following involves a question of law rather than a question of fact?

Accepted Answer

A) James was accused of fighting and causing injury to Joe,but James claims that Joe was the aggressor. 
B) James and Joe were in an automobile accident and Joe claims that James was speeding. 
C) James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names. 
D) James owed Joe money and Joe claimed he had paid it back two years ago. 
E) James claimed that Joe called him nasty names and sued for slander.Joe says that he did make some negative statements but that they were all true. 
A) James was accused of fighting and causing injury to Joe,but James claims that Joe was the aggressor. 
B) James and Joe were in an automobile accident and Joe claims that James was speeding. 
C) James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names. 
D) James owed Joe money and Joe claimed he had paid it back two years ago. 
E) James claimed that Joe called him nasty names and sued for slander.Joe says that he did make some negative statements but that they were all true.

Question 18

Taisa is a massage therapist who runs a successful business from her home.One of her long-time clients,Greg,owes her a considerable sum of money relating to unpaid massage therapy sessions.Greg is reluctant to pay because he is unhappy with the services he has received.Which of the following is true?

Accepted Answer

A) If her primary concern is to preserve her relationship with Greg,Taisa should consider an alternative form of dispute resolution. 
B) If her primary concern is to keep costs low,Taisa should commence a civil action against Greg as soon as possible. 
C) If her primary concern is to ensure the dispute is kept private,Taisa should commence a civil action against Greg. 
D) If her primary concern is the ability to appeal the decision made,Taisa should consider an alternative form of dispute resolution. 
E) Taisa needs to commence a civil action,as alternative forms of dispute resolution are not available in commercial disputes. 
A) If her primary concern is to preserve her relationship with Greg,Taisa should consider an alternative form of dispute resolution. 
B) If her primary concern is to keep costs low,Taisa should commence a civil action against Greg as soon as possible. 
C) If her primary concern is to ensure the dispute is kept private,Taisa should commence a civil action against Greg. 
D) If her primary concern is the ability to appeal the decision made,Taisa should consider an alternative form of dispute resolution. 
E) Taisa needs to commence a civil action,as alternative forms of dispute resolution are not available in commercial disputes.

Question 19

Which of the following is not a rule of natural justice?

Accepted Answer

A) A person affected by a decision must be notified that the decision is to be made. 
B) A person must be given an opportunity to put his side forward. 
C) A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend himself. 
D) A person must be allowed to retain a lawyer. 
E) The decision maker must be impartial. 
A) A person affected by a decision must be notified that the decision is to be made. 
B) A person must be given an opportunity to put his side forward. 
C) A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend himself. 
D) A person must be allowed to retain a lawyer. 
E) The decision maker must be impartial.

Question 20

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

Accepted Answer

A) Common law overrides case law on the same point. 
B) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
C) The courts have no power to declare a provincial statute to be void,only federal statutes can be struck down by the courts. 
D) The courts cannot affect the meaning of the statute through subsequent interpretation. 
E) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. 
A) Common law overrides case law on the same point. 
B) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
C) The courts have no power to declare a provincial statute to be void,only federal statutes can be struck down by the courts. 
D) The courts cannot affect the meaning of the statute through subsequent interpretation. 
E) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.

When a court has to decide in a battery case whether Joe really did hit James,this is an example of a question of fact.

In Semelhago v.Paramadevan,the Supreme Court of Canada held that in land transaction disputes,

A jury is not available in civil disputes.

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

Indicate two alternatives to court action.

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

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Indicate what can be appealed in an appeal court.

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

Explain the function and jurisdiction of the Federal Court.

The emphasis of drug treatment courts is incarceration.

You can always count on a mediated process to be fair.

The pre-trial process is often criticized as causing long delays.Explain why it is necessary.

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

The Supreme Court of Canada only hears appeals from other courts.

Which of the following involves a question of law rather than a question of fact?

Which of the following is not a rule of natural justice?

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

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

When a court has to decide in a battery case whether Joe really did hit James,this is an example of a question of fact.

In Semelhago v.Paramadevan,the Supreme Court of Canada held that in land transaction disputes,

A jury is not available in civil disputes.

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

Indicate two alternatives to court action.

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

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Indicate what can be appealed in an appeal court.

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

Explain the function and jurisdiction of the Federal Court.

The emphasis of drug treatment courts is incarceration.

You can always count on a mediated process to be fair.

The pre-trial process is often criticized as causing long delays.Explain why it is necessary.

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

The Supreme Court of Canada only hears appeals from other courts.

Which of the following involves a question of law rather than a question of fact?

Which of the following is not a rule of natural justice?

With regard to the relationship between the judiciary (courts)and the legislatures,which of the following is true?

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