Question 1

When a cause of action arises in some other province in Canada, where can the victim bring the action?

Accepted Answer

Normally the victim can bring

Question 2

Explain what power the federal government has to appoint judges.

Accepted Answer

The federal government appoint

Question 3

Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to dat e on the relevant legal issues facing her business, but she always acted ethically and treated her customers well. After a number of notices from the municipality went unanswered, Sandamali had her business licence withdrawn. Which of the following would not be grounds upon which she might challenge the decision?

Accepted Answer

A)  The legislation was invalid under the Charter of Rights and Freedoms. 
B)  The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act (1867). 
C)  The regulations relied on were not authorized by statute. 
D)  The legislation was intra vires. 
E)  The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power. 
A)  The legislation was invalid under the Charter of Rights and Freedoms. 
B)  The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act (1867). 
C)  The regulations relied on were not authorized by statute. 
D)  The legislation was intra vires. 
E)  The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power.

Question 4

It is generally cost-effective and worthwhile to pursue judicial review.

Accepted Answer

A) True 
 B)False

Question 5

In a criminal matter, the judge must be satisfied that the accused probably committed the crime.

Accepted Answer

A) True 
 B)False

Question 6

A case in which one person sues another for breach of contract would be conducted in a civil court.

Accepted Answer

A) True 
 B)False

Question 7

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 acquitted, that is the end of the matter. She cannot be tried again criminally or sued civilly. 
B)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
C)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
D)  If she is charged criminally and acquitted, she can still be sued for negligence by the injured driver. 
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 acquitted, that is the end of the matter. She cannot be tried again criminally or sued civilly. 
B)  If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. 
C)  She can opt for a jury trial only if the criminal trial proceeds in the provincial court. 
D)  If she is charged criminally and acquitted, she can still be sued for negligence by the injured driver. 
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 8

Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

Accepted Answer

Here students are asked to concentrate o

Question 9

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

Accepted Answer

A) True 
 B)False

Question 10

Mr. Holden, a program developer, had a successful business helping small firms and shops computerize their businesses. In his spare time, he developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months until a competitor came out with a cheaper program. In time, he could not pay his debts when they became due and owing. A supplier sued for damages and was awarded $21,000. Holden did not pay. With regard to the supplier's position at this time, which of the following is false?

Accepted Answer

A)  The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt. 
B)  The supplier could examine Holden under oath about his assets and sources of income. 
C)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
D)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
E)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. 
A)  The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt. 
B)  The supplier could examine Holden under oath about his assets and sources of income. 
C)  The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden. 
D)  Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor. 
E)  The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment.

Question 11

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

Accepted Answer

A)  The Court confirmed the decision because the immigration officer had acted appropriately. 
B)  The Court set aside the decision, and ordered another hearing be held since there was a reasonable apprehension of bias. 
C)  The Court declined to hear the case, because Courts have no authority review board decisions. 
D)  The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms. 
E)  The Court confirmed the decision because the process followed by the hearing was proper in the circumstances. 
A)  The Court confirmed the decision because the immigration officer had acted appropriately. 
B)  The Court set aside the decision, and ordered another hearing be held since there was a reasonable apprehension of bias. 
C)  The Court declined to hear the case, because Courts have no authority review board decisions. 
D)  The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms. 
E)  The Court confirmed the decision because the process followed by the hearing was proper in the circumstances.

Question 12

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Accepted Answer

A)  At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. 
B)  The procedure used in small claims courts is identical to that used in superior level courts. 
C)  At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge. 
D)  Young offenders are now tried in the adult criminal court. 
E)  Divorce is a matter for a superior court. 
A)  At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. 
B)  The procedure used in small claims courts is identical to that used in superior level courts. 
C)  At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge. 
D)  Young offenders are now tried in the adult criminal court. 
E)  Divorce is a matter for a superior court.

Question 13

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Accepted Answer

A) True 
 B)False

Question 14

Discuss what constitutes a fair hearing.

Accepted Answer

This question requires students to show

Question 15

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 fact.

Accepted Answer

A) True 
 B)False

Question 16

In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question?

Accepted Answer

A)  Is the statute that created the tribunal ultra vires under the Constitution Act (1867)? 
B)  Did the tribunal follow the rules of natural justice? 
C)  Did the tribunal make the same decision that a court would have made? 
D)  Is the tribunal acting within the power given to it by statute? 
E)  Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms? 
A)  Is the statute that created the tribunal ultra vires under the Constitution Act (1867)? 
B)  Did the tribunal follow the rules of natural justice? 
C)  Did the tribunal make the same decision that a court would have made? 
D)  Is the tribunal acting within the power given to it by statute? 
E)  Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms?

When a cause of action arises in some other province in Canada, where can the victim bring the action?

Explain what power the federal government has to appoint judges.

It is generally cost-effective and worthwhile to pursue judicial review.

In a criminal matter, the judge must be satisfied that the accused probably committed the crime.

A case in which one person sues another for breach of contract would be conducted in a civil court.

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?

Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Discuss what constitutes a fair hearing.

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 fact.

In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question?

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

When a cause of action arises in some other province in Canada, where can the victim bring the action?

Explain what power the federal government has to appoint judges.

It is generally cost-effective and worthwhile to pursue judicial review.

In a criminal matter, the judge must be satisfied that the accused probably committed the crime.

A case in which one person sues another for breach of contract would be conducted in a civil court.

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?

Discuss the options that are available to a successful litigant in enforcing the judgment against the loser.

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Discuss what constitutes a fair hearing.

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 fact.

In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question?

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