Question 1

Juries are no longer used in Canada.

Accepted Answer

A) True 
 B)False

Question 2

Explain why the courts are open to the public and press.

Accepted Answer

Justice must not onl

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

Historically,judicial review involved ob

Question 5

Joe owns a house and wants to make an addition that would double its size.He applies to the city hall for a building permit but is amazed by a new policy instituted by the engineering department that restricts the size of all buildings to 50% of the lot size.This is considerably less than what he wants,and his request for a building permit is refused.Angry,he decides to proceed anyway.Later,Joe finds out from a friend that on the agenda for the next closed session of council (to be held in two days)there is a request for an order to set an example of Joe and to demolish his addition.What should Joe do with respect to his legal position?

Accepted Answer

A) Joe should go to the court asking for a writ of mandamus. 
B) Joe should go to the court asking for a writ of certiorari. 
C) Even if Joe finds out that the city council is planning to take action against him,there is nothing he can do as he did fail to get a permit. 
D) If Joe found out that the council had met and decided to demolish his addition,there is nothing he could do now,as the decision has been made. 
E) Joe should apply to the court for certiorari and an injunction. 
A) Joe should go to the court asking for a writ of mandamus. 
B) Joe should go to the court asking for a writ of certiorari. 
C) Even if Joe finds out that the city council is planning to take action against him,there is nothing he can do as he did fail to get a permit. 
D) If Joe found out that the council had met and decided to demolish his addition,there is nothing he could do now,as the decision has been made. 
E) Joe should apply to the court for certiorari and an injunction.

Question 6

Mr.Holden,a program developer,developed software for inventory control that was superior to others on the market.He launched an ad campaign and all went well for several months-until a competitor came out with a cheaper program.In time,he could not pay his debts when they became due and owing.A supplier sued for damages and was awarded judgment for $21,000.Holden did not pay.With regard to the supplier's position at this time,which of the following is false?

Accepted Answer

A) Since the decision is in his favour,the supplier would be a judgment creditor,Holden,a judgment debtor. 
B) The supplier could have a garnishee order served on Holden's bank,ordering the bank to pay money into court instead of to Holden. 
C) The supplier could examine Holden under oath about his assets and sources of income. 
D) The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E) The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt. 
A) Since the decision is in his favour,the supplier would be a judgment creditor,Holden,a judgment debtor. 
B) The supplier could have a garnishee order served on Holden's bank,ordering the bank to pay money into court instead of to Holden. 
C) The supplier could examine Holden under oath about his assets and sources of income. 
D) The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
E) The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt.

Question 7

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

Accepted Answer

The superior trial court is a court and

Question 8

Indicate the advantages of mediation and arbitration over judicial process.

Accepted Answer

Less confrontation,less breakd

Question 9

Indicate the jurisdiction of the Federal Court.

Accepted Answer

The Federal Court deals with disputes be

Question 10

Distinguish between the executive and legislative branches of government.

Accepted Answer

Federally,the legislative branch is parl

Question 11

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car.Which court would deal with this action in your province?

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 12

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ________."

Accepted Answer

A) fair hearing 
B) procedural fairness 
C) fundamental justice 
D) natural justice 
E) the Supreme Court 
A) fair hearing 
B) procedural fairness 
C) fundamental justice 
D) natural justice 
E) the Supreme Court

Question 13

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 indirectly 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 indirectly 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 14

Who brings a civil action?

Accepted Answer

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

Question 15

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 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 noticed Joe had not completed continuing driving education,as required by regulation. 
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 noticed Joe had not completed continuing driving education,as required by regulation. 
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 16

Some businesses may be subject to both federal and provincial regulations.

Accepted Answer

A) True 
 B)False

Question 17

What is meant by prohibition?

Accepted Answer

Prohibition is an order by the

Question 18

Which of the following is false with regard to our legal system?

Accepted Answer

A) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
C) Our constitution can be amended but not by the federal parliament acting alone. 
D) If a case were heard before a provincial trial level court,the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
E) Although a statute overrides the case law on the same point,subsequent cases may affect the statute by interpreting its meaning. 
A) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
C) Our constitution can be amended but not by the federal parliament acting alone. 
D) If a case were heard before a provincial trial level court,the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
E) Although a statute overrides the case law on the same point,subsequent cases may affect the statute by interpreting its meaning.

Question 19

Which of the following will contribute to the success of a negotiation?

Accepted Answer

A) One party is more powerful than the other. 
B) The parties rely on outsiders to put forward their cases. 
C) All relevant information is brought forward by both sides. 
D) One of the parties uses coercion to get an agreement. 
E) One party dominates or controls discussions. 
A) One party is more powerful than the other. 
B) The parties rely on outsiders to put forward their cases. 
C) All relevant information is brought forward by both sides. 
D) One of the parties uses coercion to get an agreement. 
E) One party dominates or controls discussions.

Question 20

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

Accepted Answer

A) The writ is a document issued by the defendant to indicate that he or she will defend against the action. 
B) The plaintiff must prove his case on the balance of probabilities. 
C) Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents,a matter must proceed to trial before a judgment can be awarded. 
D) An action is usually commenced by issuing a chambers application. 
E) Once a statement of claim is served,the next step is the trial. 
A) The writ is a document issued by the defendant to indicate that he or she will defend against the action. 
B) The plaintiff must prove his case on the balance of probabilities. 
C) Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents,a matter must proceed to trial before a judgment can be awarded. 
D) An action is usually commenced by issuing a chambers application. 
E) Once a statement of claim is served,the next step is the trial.

Juries are no longer used in Canada.

Explain why the courts are open to the public and press.

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

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

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

Indicate the advantages of mediation and arbitration over judicial process.

Indicate the jurisdiction of the Federal Court.

Distinguish between the executive and legislative branches of government.

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car.Which court would deal with this action in your province?

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ________."

Who brings a civil action?

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 of the following would not be a ground upon which the decision of that clerk could be challenged?

Some businesses may be subject to both federal and provincial regulations.

What is meant by prohibition?

Which of the following is false with regard to our legal system?

Which of the following will contribute to the success of a negotiation?

With regard to the process of a civil law suit in a superior court,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

Juries are no longer used in Canada.

Explain why the courts are open to the public and press.

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

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

Explain the difference between a body such as a human rights commission and the superior trial court of the province.

Indicate the advantages of mediation and arbitration over judicial process.

Indicate the jurisdiction of the Federal Court.

Distinguish between the executive and legislative branches of government.

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car.Which court would deal with this action in your province?

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ________."

Who brings a civil action?

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 of the following would not be a ground upon which the decision of that clerk could be challenged?

Some businesses may be subject to both federal and provincial regulations.

What is meant by prohibition?

Which of the following is false with regard to our legal system?

Which of the following will contribute to the success of a negotiation?

With regard to the process of a civil law suit in a superior court,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