Exam 2: The Judicial System and Alternative Dispute Resolution

Antonella is suing Barbara for failing to pay her for goods she bought.It will be up to Antonella to prove her case based on the evidence provided.

Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to Patricia.It is up to the judge who heard the case to decide to what extent Mabel is required to compensate Patricia through the payment of damages.

If you were a judge in a court system in Canada,which of the following would not be a role that you might be called upon to perform?

The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French Civil Code.

While simple actions can be undertaken by a paralegal in small claims court,the complexities of cases and senior courts require the services of a lawyer.

Which of the following statements is false?

As the representative of a major newspaper chain you are opposed to the recent tendency of judges to grant publication bans during the court proceedings of controversial and high-profile trials.Together with several of your colleagues from other media organizations you decide to challenge the most recent ban.

Easy Money Credit Ltd.is owed $8 000 by Irina for a debt to buy a television and home theatre system.Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14-year-olds.Which is most likely the court of original jurisdiction?

You have a family member who was unfortunately seriously injured in a train accident.Your friend understands that there might be the possibility of a class action lawsuit against the train company.She asks you to explain the process of a class action and what the advantages of class actions are versus individual lawsuits.

Hong Kong Bank of Canada v.Wheeler Holdings Ltd.(1989),R.P.R.(2d)189; affirmed,(1990),14 R.P.R.(2d)1; varied,(1993),6 Alta.L.R.(3d)337.

An electric shaver that you bought exploded and injured your hand.You are now suing the manufacturer.The first document which your lawyer will send to the manufacturer is

At the discretion of the court,judges award costs that are frequently referred to as "costs on a party-and-party basis." These involve:

While researching his family history,Norman discovered that his grandmother was the first Canadian woman lawyer to appear in front of a surrogate court.She was there to deal with a will.

Walter was the only witness to an unprovoked assault by Queenie on June.June was attacked from behind and did not see who hit her.Queenie has denied she did it,but Walter told June that he saw her do so.When the case comes to trial,Walter is serving in West Africa with a non-profit organization and cannot be reached.Since June was there and has the direct evidence of a witness,she may tell the court what Walter saw.

A customer of the bank for which you work as Chief Systems Analyst is suing your bank.The customer alleges that money apparently withdrawn through an automated teller machine from his account must have been removed through a bank error,since he did not do so and no one knows his identification number nor has access to his card.You are to testify as to the security processes in the bank's computer system and the accuracy of the computerized automated teller machine's records.In this role you are called upon as an

You are part of a family business which manufactures children's clothing.There is a dispute among some of the family members about the appropriate division of profits.In order to have a judicial resolution of the dispute you would need to enter pleadings in the Family Court.

Raymond,who lives in Manitoba,appeals a trial court's decision in a case in which he sued a former business partner and lost.The highest court to which Raymond's case can possibly eventually be appealed is

Orange Shop Ltd.sells electronics and grants credit to its customers.It sold a laptop computer system to Kelly and granted a $3 000 loan to finance the purchase.Two days after purchasing the computer it fell off a low bench and the screen cracked.Kelly wanted to either exchange the computer or have it repaired.Orange Shop Ltd.refused to assist Kelly as an extended warranty had not been purchased.Kelly refused to repay the loan.At trial,which party presents their case first?

You have won the electric shaver suit and the manufacturer has appealed.Which of the following statements is not true?

Colin has sued Peter,and Peter has just sent a counterclaim.Since Colin has received it,the case can now be set down for trial.