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

Where transactions on the Internet are involved, an action can only be brought where the defendant company is actually physically located.

The executive branch of government is responsible for regulatory bodies created by legislation.

The Supreme Court of Canada only hears appeals from other courts.

Negotiation only works when both parties are willing to make concessions.

Which of the following is correct with respect to the litigation process?

(Modify this question for your province.) Explain what is meant by filing an appearance.

What is meant by government regulations?

(Modify this question for your province.) James sued XYZ Company for $100,000 for negligence in the construction of an airplane. James alleged that because of this negligence the plane crashed and he sustained a serious back injury. In which one of the following courts should he bring this action?

Who are the parties in a civil action?

When, in an assault case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of law.

All methods of execution or enforcement require that a judgment first be obtained.

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

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

Mildred and Sam's marriage breaks up, and Mildred wants possession of the house to raise the kids. Which court would deal with this action in your province?

Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1 000. Ewen agreed to lend him this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce had recently completed some plumbing work for Martinson for which he was owed $2 000. If Bruce failed to pay Ewen on June 14, which of the following is true?

Which of the following cases would be a good one to mediate?

Both the federal and provincial governments have administrative tribunals that can affect us.

Generally, when a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can sue where the defendant resides or where the cause of action arose.

(Modify this question for your province.) Which of the following is the document that initiates a court action in this jurisdiction?

Distinguish between a criminal and civil trial.