Question 1

Explain what power the federal government has to appoint judges.

Accepted Answer

The federal government appoint

Question 2

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

Accepted Answer

A) fundamental justice 
B) procedural fairness 
C) procedural justice 
D) natural justice 
E) ADR 
A) fundamental justice 
B) procedural fairness 
C) procedural justice 
D) natural justice 
E) ADR

Question 3

Indicate any limitations on the operation of the garnishment process.

Accepted Answer

Most provinces have set a maxi

Question 4

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 5

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

Accepted Answer

Rarely will this be allowed.Usually a pe

Question 6

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 found not guilty,that is the end of the matter.She cannot be 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 found not guilty,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 only be taken to court once,and so the choice must be made to proceed either civilly or criminally. 
A) If she is charged criminally for drunk driving and found not guilty,that is the end of the matter.She cannot be 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 found not guilty,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 only be taken to court once,and so the choice must be made to proceed either civilly or criminally.

Question 7

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 8

The emphasis of mental health courts is punishment.

Accepted Answer

A) True 
 B)False

Question 9

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 10

Distinguish between a question of fact and a question of law.

Accepted Answer

A question of fact relates to what happe

Question 11

Discuss the restrictions on the power of government decision makers imposed by the power of judicial review.

Accepted Answer

Here students should show an understandi

Question 12

Indicate under what circumstances the public can be excluded from our courtrooms.

Accepted Answer

When children are involved or in rare ci

Question 13

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

Accepted Answer

A) The plaintiff must prove his case on the balance of probabilities,whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
B) A defendant in a civil action might also be charged in a criminal action for the same act,e.g.,a battery. 
C) Court costs are always an amount of money equal to the legal fees and disbursements of the winning party,which the court always orders the losing party to pay to the winner. 
D) Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
E) If,in the examination for discovery,the defendant admits facts set out in the plaintiff's statement of claim,the plaintiff does not have to prove those facts at trial.He merely reads the admissions from the transcript of the examinations. 
A) The plaintiff must prove his case on the balance of probabilities,whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
B) A defendant in a civil action might also be charged in a criminal action for the same act,e.g.,a battery. 
C) Court costs are always an amount of money equal to the legal fees and disbursements of the winning party,which the court always orders the losing party to pay to the winner. 
D) Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
E) If,in the examination for discovery,the defendant admits facts set out in the plaintiff's statement of claim,the plaintiff does not have to prove those facts at trial.He merely reads the admissions from the transcript of the examinations.

Question 14

Explain what happens in an examination in aid of execution (examination in aid of enforcement,or questioning of debtor in Alberta).

Accepted Answer

The judgment debtor is examined under oa

Question 15

What does the statement of defence contain?

Accepted Answer

The statement of defence sets out what a

Question 16

What does successful mediation require?

Accepted Answer

Mediation requires a

Question 17

Explain what happens at the discovery of document stage of the discovery process.

Accepted Answer

The parties exchange lists of documents

Question 18

What is a counterclaim?

Accepted Answer

If the defence feels that they not only

Question 19

(Modify this question for your province.)Mildred and Sam are having marriage difficulties.Their 14-year-old son,George,in reaction,steals a car and smashes it up.He is charged under the Youth Criminal Justice Act.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 youth court 
A) The small claims court 
B) The family court 
C) The superior trial court 
D) The surrogate court 
E) The youth court

Question 20

Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

Accepted Answer

The first alternative is for the parties

Explain what power the federal government has to appoint judges.

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

Indicate any limitations on the operation of the garnishment process.

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

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

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?

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

The emphasis of mental health courts is punishment.

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

Distinguish between a question of fact and a question of law.

Discuss the restrictions on the power of government decision makers imposed by the power of judicial review.

Indicate under what circumstances the public can be excluded from our courtrooms.

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

Explain what happens in an examination in aid of execution (examination in aid of enforcement,or questioning of debtor in Alberta).

What does the statement of defence contain?

What does successful mediation require?

Explain what happens at the discovery of document stage of the discovery process.

What is a counterclaim?

(Modify this question for your province.)Mildred and Sam are having marriage difficulties.Their 14-year-old son,George,in reaction,steals a car and smashes it up.He is charged under the Youth Criminal Justice Act.Which court would deal with this action in your province?

Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

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

Explain what power the federal government has to appoint judges.

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

Indicate any limitations on the operation of the garnishment process.

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

Under what circumstances can a creditor take steps even before judgment to seize property or attach funds?

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?

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

The emphasis of mental health courts is punishment.

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

Distinguish between a question of fact and a question of law.

Discuss the restrictions on the power of government decision makers imposed by the power of judicial review.

Indicate under what circumstances the public can be excluded from our courtrooms.

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

Explain what happens in an examination in aid of execution (examination in aid of enforcement,or questioning of debtor in Alberta).

What does the statement of defence contain?

What does successful mediation require?

Explain what happens at the discovery of document stage of the discovery process.

What is a counterclaim?

(Modify this question for your province.)Mildred and Sam are having marriage difficulties.Their 14-year-old son,George,in reaction,steals a car and smashes it up.He is charged under the Youth Criminal Justice Act.Which court would deal with this action in your province?

Consider the alternatives that are available to suing someone in court and discuss the relative merits of these different courses of action.

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