Question 1

A jury is not available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 2

Explain what is meant by a garnishee.

Accepted Answer

Funds that are owed to the judgment debt

Question 3

What is meant by a writ of certiorari?

Accepted Answer

Certiorari involves a court or

Question 4

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Accepted Answer

In fact, there are arguments on both sid

Question 5

Consider the following statements with respect to the exercise of governmental powers. Identify the false statement.

Accepted Answer

A)  The exercise of governmental power is subject to a number of constitutional limitations. 
B)  Statutes often restrict the power of government officials. 
C)  The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 
D)  Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 
E)  The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. 
A)  The exercise of governmental power is subject to a number of constitutional limitations. 
B)  Statutes often restrict the power of government officials. 
C)  The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 
D)  Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 
E)  The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation.

Question 6

Describe the court structure in place in your province.

Accepted Answer

This will vary from province to province

Question 7

What does a successful negotiation require?

Accepted Answer

Negotiation requires

Question 8

Indicate what a statement of claim is.

Accepted Answer

The statement of claim is the document w

Question 9

Name the Federal Courts.

Accepted Answer

Supreme Court of Can

Question 10

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

Accepted Answer

A) True 
 B)False

Question 11

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

Accepted Answer

A)  special damages. 
B)  general damages. 
C)  derogatory damages. 
D)  compensatory damages. 
E)  punitive damages. 
A)  special damages. 
B)  general damages. 
C)  derogatory damages. 
D)  compensatory damages. 
E)  punitive damages.

Question 12

Jones operated a local movie theatre in a small town that had fallen on hard times. As a last ditch effort to attract customers, he decided to show pornographic movies. From the week the change was made, the theatre had to turn away customers on a regular basis. The local town council was quite upset, however, especially since a number of them represented a conservative and religious constituency. They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that. They then decided to increase the licence fee from the regular $50 per year to $15,000 per year. Jones was notified of the fact that this course of action was being considered, and he was given a chance to appear before the council to state his case. He did so, but the council decided to go ahead with the decision in any case. This, of course, would force Jones out of business, and so Jones, after exhausting any local remedies and appeals, took the matter to court. Which of the following accurately indicates the legal position of the parties?

Accepted Answer

A)  Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction. 
B)  Jones will not be successful since the decision has been made and he has exhausted his remedies. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will be successful and will seek an order of mandamus. 
A)  Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction. 
B)  Jones will not be successful since the decision has been made and he has exhausted his remedies. 
C)  The municipal council's decision will stand since this is a proper use of their licensing power. 
D)  Jones will be successful and will seek an order of prohibition. 
E)  Jones will be successful and will seek an order of mandamus.

Question 13

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

Accepted Answer

A)  The small claims court 
B)  The superior trial court 
C)  The provincial youth court 
D)  The family court 
E)  The surrogate court 
A)  The small claims court 
B)  The superior trial court 
C)  The provincial youth court 
D)  The family court 
E)  The surrogate court

Question 14

Which of the following involves a question of law rather than a question of fact?

Accepted Answer

A)  James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names. 
B)  James and Joe were in an automobile accident, and Joe claims that James was speeding. 
C)  James owed Joe money, and Joe claimed he had paid it back two years ago. 
D)  James claimed that Joe called him nasty names and sued for slander. Joe says that he did make some negative statements, but that they were all true. 
E)  James was accused of fighting and causing injury to Joe, but James claims that Joe was the aggressor. 
A)  James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names. 
B)  James and Joe were in an automobile accident, and Joe claims that James was speeding. 
C)  James owed Joe money, and Joe claimed he had paid it back two years ago. 
D)  James claimed that Joe called him nasty names and sued for slander. Joe says that he did make some negative statements, but that they were all true. 
E)  James was accused of fighting and causing injury to Joe, but James claims that Joe was the aggressor.

Question 15

Indicate any limitations on the operation of the garnishment process.

Accepted Answer

Most provinces have set a maxi

Question 16

Explain what the "R" stands for in the citation R. v. Jones.

Accepted Answer

R stands for Rex or

Question 17

Describe the types of remedies that can be requested by a plaintiff in a civil action.

Accepted Answer

The most common remedy requested is dama

Question 18

With regard to the process of a civil law suit in a superior court, which of the following is false?

Accepted Answer

A)  A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery. 
B)  Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
C)  Court costs are an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. 
D)  If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial; he merely reads the admissions from the transcript of the examinations. 
E)  The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
A)  A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery. 
B)  Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
C)  Court costs are an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. 
D)  If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial; he merely reads the admissions from the transcript of the examinations. 
E)  The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt.

Question 19

Indicate the advantages of mediation and arbitration over judicial process.
ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Accepted Answer

Less confrontation, less break

Question 20

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

Accepted Answer

Examination in Aid o

A jury is not available in civil disputes.

Explain what is meant by a garnishee.

What is meant by a writ of certiorari?

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Consider the following statements with respect to the exercise of governmental powers. Identify the false statement.

Describe the court structure in place in your province.

What does a successful negotiation require?

Indicate what a statement of claim is.

Name the Federal Courts.

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

Which of the following involves a question of law rather than a question of fact?

Indicate any limitations on the operation of the garnishment process.

Explain what the "R" stands for in the citation R. v. Jones.

Describe the types of remedies that can be requested by a plaintiff in a civil action.

With regard to the process of a civil law suit in a superior court, which of the following is false?

Indicate the advantages of mediation and arbitration over judicial process. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

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

A jury is not available in civil disputes.

Explain what is meant by a garnishee.

What is meant by a writ of certiorari?

"One of the greatest weaknesses in our court system is the unreasonable delay when one person sues another." Discuss the validity of that statement.

Consider the following statements with respect to the exercise of governmental powers. Identify the false statement.

Describe the court structure in place in your province.

What does a successful negotiation require?

Indicate what a statement of claim is.

Name the Federal Courts.

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

Which of the following involves a question of law rather than a question of fact?

Indicate any limitations on the operation of the garnishment process.

Explain what the "R" stands for in the citation R. v. Jones.

Describe the types of remedies that can be requested by a plaintiff in a civil action.

With regard to the process of a civil law suit in a superior court, which of the following is false?

Indicate the advantages of mediation and arbitration over judicial process. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

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