Question 1

Which statement does not apply to arbitration of a contractual dispute?

Accepted Answer

A) Arbitration clauses are contained in a contract. 
B) Arbitration is mandated by provincial statute. 
C) Agreements often specifically provide that the arbitration proceedings are confidential. 
D) Arbitration is a quicker way of resolving disputes. 
E) Arbitration decisions do not form part of the Common Law. 
A) Arbitration clauses are contained in a contract. 
B) Arbitration is mandated by provincial statute. 
C) Agreements often specifically provide that the arbitration proceedings are confidential. 
D) Arbitration is a quicker way of resolving disputes. 
E) Arbitration decisions do not form part of the Common Law.

Question 2

James had been dismissed from his employment after being caught stealing cash from the business during his shift.He decided to vindicate himself by bringing a long and costly lawsuit for unjust dismissal against his employer.The court will probably award costs on a party and party basis.

Accepted Answer

A) True 
 B)False

Question 3

The historical development of the court system in England shows a trend away from decisions being made by the community as a whole and towards decisions being made by one authoritative person.

Accepted Answer

A) True 
 B)False

Question 4

You believe that an error has been made in the court's decision in your case at trial.You may be able to reach a more favourable decision by having a jury rehear and decide upon the case if you wish to appeal it.

Accepted Answer

A) True 
 B)False

Question 5

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.Which pleading(s)will be filed by Kelly?

Accepted Answer

A) Statement of Claim 
B) Statement of Defence 
C) Counterclaim 
D) Statement of Claim and Statement of Defence 
E) Statement of Defence and Counterclaim 
A) Statement of Claim 
B) Statement of Defence 
C) Counterclaim 
D) Statement of Claim and Statement of Defence 
E) Statement of Defence and Counterclaim

Question 6

As a witness for the plaintiff in a large upcoming civil suit,you are feeling nervous about giving testimony,and would like to know how the whole trial process works.A friend of yours explains how a trial proceeds and how witnesses are dealt with during the trial.Repeat here what she tells you.

Accepted Answer

Students should list the Civil Court Pro

Question 7

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.Which is most likely the court of original jurisdiction?

Accepted Answer

A) Youth Court 
B) Criminal Court 
C) Family Court 
D) Small Claims Court 
E) Provincial Supreme Court 
A) Youth Court 
B) Criminal Court 
C) Family Court 
D) Small Claims Court 
E) Provincial Supreme Court

Question 8

Discovery is a process which is used to clarify points in the statement of claim or statement of defence.

Accepted Answer

A) True 
 B)False

Question 9

American cases cannot be used in Canada because the legal systems in each country grew out of very different roots.

Accepted Answer

A) True 
 B)False

Question 10

Your company,a manufacturer of household cleaning products,successfully defended a product liability suit brought by a customer for a serious skin irritation she suffered after using an oven cleaning solution made by your company.Your defence was based on the fact that adequate warnings were placed on the container that users should wear gloves.The plaintiff has appealed the court's decision on the basis that the judge failed to apply the legal principle of strict liability to this case,which would automatically find the manufacturer liable if the product itself were,in fact,found to be inherently dangerous.

Accepted Answer

A) The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and order a new trial to assess this point. 
B) The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision. 
C) The Court of Appeal may find that the trial judge did not properly apply the principle of strict liability and admit the appeal and reverse the decision. 
D) The Court of Appeal may find that the trial judge properly considered the principle of strict liability and dismiss the appeal and affirm the decision. 
E) All of the findings are possible except that the Court of Appeal may not find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision. 
A) The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and order a new trial to assess this point. 
B) The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision. 
C) The Court of Appeal may find that the trial judge did not properly apply the principle of strict liability and admit the appeal and reverse the decision. 
D) The Court of Appeal may find that the trial judge properly considered the principle of strict liability and dismiss the appeal and affirm the decision. 
E) All of the findings are possible except that the Court of Appeal may not find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision.

Question 11

Lorna successfully sued the Hot Stuff Restaurant because she was injured by a piece of glass in a pie that she was served there.She believes the judge used too low a duty of care in assessing whether Hot Stuff had been negligent,which was the legal issue.Lorna may appeal on the basis of the judge's error.

Accepted Answer

A) True 
 B)False

Question 12

Each province has a Court of Appeal to review the convictions of accused persons by the following courts:

Accepted Answer

A) Youth Court 
B) Supreme Court 
C) Magistrate's (or Provincial)Court 
D) Small Claims Court 
E) All of the above except D 
A) Youth Court 
B) Supreme Court 
C) Magistrate's (or Provincial)Court 
D) Small Claims Court 
E) All of the above except D

Exam 2: The Judicial System and Alternative Dispute Resolution

Which statement does not apply to arbitration of a contractual dispute?

James had been dismissed from his employment after being caught stealing cash from the business during his shift.He decided to vindicate himself by bringing a long and costly lawsuit for unjust dismissal against his employer.The court will probably award costs on a party and party basis.

The historical development of the court system in England shows a trend away from decisions being made by the community as a whole and towards decisions being made by one authoritative person.

You believe that an error has been made in the court's decision in your case at trial.You may be able to reach a more favourable decision by having a jury rehear and decide upon the case if you wish to appeal it.

As a witness for the plaintiff in a large upcoming civil suit,you are feeling nervous about giving testimony,and would like to know how the whole trial process works.A friend of yours explains how a trial proceeds and how witnesses are dealt with during the trial.Repeat here what she tells you.

Discovery is a process which is used to clarify points in the statement of claim or statement of defence.

American cases cannot be used in Canada because the legal systems in each country grew out of very different roots.

Each province has a Court of Appeal to review the convictions of accused persons by the following courts:

The Law and the Legal System

Business Regulation

Intentional Torts

Negligence and Unintentional Torts

Special Tort Liabilities of Business Professionals

An Introduction to the Legal Relationship

The Requirement of Consideration

Legal Capacity to Contract and the Requirement of Legality

The Requirements of Form,writing and Privacy

Failure to Create an Enforceable Contract

The Extent of Contractual Rights

Performance of Contractual Obligations

Breach of Contract and Remedies

Law of Agency

Law of Sole Proprietorship and Partnership

Corporation Law

Securities Regulation

Employment and Labour Relations

The Law of Bailment

The Sale of Goods

Interests in Land

The Law of Mortgages

Leasehold Interests

Commercial and Residential Real-Estate Transactions

Intellectual Property,patents,trademarks,copyright and Franchising

Consumer-Protection Legislation

Law of Negotiable Instruments

Security for Debt

Bankruptcy and Insolvency

Insurance Law

Restrictive Trade Practices

International Business Law

Environmental Law

What are the requirements under Canada's Anti-Spamming Legislation?

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