Question 1

Being charged with speeding is an example of a civil dispute.

Accepted Answer

A) True 
 B)False  False

Question 2

Mandamus involves the decision of the decision maker being quashed or of no effect.

Accepted Answer

A) True 
 B)False  False

Question 3

Hank sold three properties for Mr. W and had been paid his commission for the first, but not for the last two. Hank had done everything according to the contract and according to the relevant statutes, but Mr. W wouldn't pay. Hank knows that Mr. W has a bank account with the Bank of Montreal and has money owed to him from a Mr. Gregory. If Hank successfully sued Mr. W., which of the following would be false?

Accepted Answer

A)  Hank could personally seize the property of Mr. Gregory to satisfy the debt. 
B)  The lawsuit commenced by Hank against Mr. W would have been for breach of contract. 
C)  Hank could get an order commanding a government official to seize enough of Mr. W's goods to satisfy the judgment debt. 
D)  Hank could force the bank to pay into court an amount of money from Mr. W's account to satisfy the debt. 
E)  Hank could examine Mr. W under oath to determine what assets he has. 
A)  Hank could personally seize the property of Mr. Gregory to satisfy the debt. 
B)  The lawsuit commenced by Hank against Mr. W would have been for breach of contract. 
C)  Hank could get an order commanding a government official to seize enough of Mr. W's goods to satisfy the judgment debt. 
D)  Hank could force the bank to pay into court an amount of money from Mr. W's account to satisfy the debt. 
E)  Hank could examine Mr. W under oath to determine what assets he has. A

Question 4

Explain under what circumstances the courts may be closed to the public and press.

Accepted Answer

The courts will only be closed to the pu

Question 5

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

Accepted Answer

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

Question 6

Explain what is meant by the examination for discovery.

Accepted Answer

The examination for discovery involves t

Question 7

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

Accepted Answer

A) True 
 B)False

Question 8

To this date, online dispute resolution programs have not been developed to help resolve disputes between parties.
SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

Accepted Answer

A) True 
 B)False

Question 9

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 10

Prerogative writs are the remedies available when a duty to act fairly has not been met.

Accepted Answer

A) True 
 B)False

Question 11

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

Accepted Answer

A)  limitation periods do not apply to claims for breach of contract. 
B)  if a claim filed after the expiration of the limitation period, and the special circumstances doctrine no longer applies, the action would be prohibited. 
C)  limitation periods do not apply to negligence claims. 
D)  There is no limitation period to civil cases. 
E)  when a person sues for negligence, there must also be a breach of contract or the action will fail. 
A)  limitation periods do not apply to claims for breach of contract. 
B)  if a claim filed after the expiration of the limitation period, and the special circumstances doctrine no longer applies, the action would be prohibited. 
C)  limitation periods do not apply to negligence claims. 
D)  There is no limitation period to civil cases. 
E)  when a person sues for negligence, there must also be a breach of contract or the action will fail.

Question 12

Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta).

Accepted Answer

The judgment debtor is examined under oa

Question 13

Mediation is a concept developed in the past decade.

Accepted Answer

A) True 
 B)False

Question 14

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

Accepted Answer

A)  Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality. 
B)  Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee. 
C)  Joe, a student, was refused a graduate research grant to study the Moslem religion by a government funding body because it was inappropriate, Joe being Jewish. 
D)  Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it. 
E)  Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute. 
A)  Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality. 
B)  Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee. 
C)  Joe, a student, was refused a graduate research grant to study the Moslem religion by a government funding body because it was inappropriate, Joe being Jewish. 
D)  Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it. 
E)  Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.

Question 15

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 16

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

Accepted Answer

Each party can inspect documen

Question 17

The job of the mediator is to help the parties come to an agreement, not to make a decision for them.

Accepted Answer

A) True 
 B)False

Question 18

Explain what is meant by a dry judgment.

Accepted Answer

This is the term used to descr

Question 19

Distinguish between the role of the judge and that of the jury in a civil dispute.

Accepted Answer

The judge decides question of

Question 20

Who are the parties to the appeal of a civil action?

Accepted Answer

Appellant

Being charged with speeding is an example of a civil dispute.

Mandamus involves the decision of the decision maker being quashed or of no effect.

Explain under what circumstances the courts may be closed to the public and press.

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

Explain what is meant by the examination for discovery.

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

To this date, online dispute resolution programs have not been developed to help resolve disputes between parties. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

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

Prerogative writs are the remedies available when a duty to act fairly has not been met.

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta).

Mediation is a concept developed in the past decade.

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

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

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

The job of the mediator is to help the parties come to an agreement, not to make a decision for them.

Explain what is meant by a dry judgment.

Distinguish between the role of the judge and that of the jury in a civil dispute.

Who are the parties to the appeal of a civil action?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 3: The Resolution of Disputes the Courts and Alternatives to Litigation

Being charged with speeding is an example of a civil dispute.

Mandamus involves the decision of the decision maker being quashed or of no effect.

Explain under what circumstances the courts may be closed to the public and press.

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

Explain what is meant by the examination for discovery.

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

To this date, online dispute resolution programs have not been developed to help resolve disputes between parties. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

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

Prerogative writs are the remedies available when a duty to act fairly has not been met.

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta).

Mediation is a concept developed in the past decade.

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

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

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

The job of the mediator is to help the parties come to an agreement, not to make a decision for them.

Explain what is meant by a dry judgment.

Distinguish between the role of the judge and that of the jury in a civil dispute.

Who are the parties to the appeal of a civil action?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters