Question 1

Mediation and arbitration are becoming more common in resolving online disputes. .

Accepted Answer

A) True 
 B)False

Question 2

With regard to the process of a civil law suit, which of the following is true?

Accepted Answer

A)  A "counterclaim" is an action by the defendant back against the plaintiff. 
B)  Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. 
C)  The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. 
D)  The plaintiff must prove his case on the balance of probabilities, not beyond a reasonable doubt. 
E)  All of the above. 
A)  A "counterclaim" is an action by the defendant back against the plaintiff. 
B)  Any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial. 
C)  The "statement of claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action. 
D)  The plaintiff must prove his case on the balance of probabilities, not beyond a reasonable doubt. 
E)  All of the above.

Question 3

Indicate the jurisdiction of the Federal Court.

Accepted Answer

The Federal Court deals with disputes be

Question 4

Max operated a video store in a small community, and because of financial problems, decided to show pornographic movies. The citizens were outraged when they learned about the change and demanded that the police close down the store. The police refused, saying there was no law against it. The citizens then persuaded the town council to pass a bylaw making such immoral activities a crime. This was done, and Max was ordered by the police to close down the theatre. Which one of the following accurately describes Max's legal position?

Accepted Answer

A)  Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants. 
B)  He must close down the theatre because the town council has the power to require him to conform with such a provision. 
C)  He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. 
D)  He can stay open because the town council had no power to make such activities a crime. 
E)  He can stay open but cannot advertise in any way to promote this activity. 
A)  Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants. 
B)  He must close down the theatre because the town council has the power to require him to conform with such a provision. 
C)  He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue. 
D)  He can stay open because the town council had no power to make such activities a crime. 
E)  He can stay open but cannot advertise in any way to promote this activity.

Question 5

Explain why the courts are open to the public and press.

Accepted Answer

Justice must not onl

Question 6

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Accepted Answer

A)  Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. 
B)  With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal. 
C)  Now in Canada there is an effective system of checks and balances where the prime minister on some occasions can overrule decisions made by parliament or the Supreme Court of Canada. 
D)  The federal parliament is now supreme and can override anything done by the provincial legislatures or the courts. 
E)  The power of the parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution. 
A)  Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful. 
B)  With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal. 
C)  Now in Canada there is an effective system of checks and balances where the prime minister on some occasions can overrule decisions made by parliament or the Supreme Court of Canada. 
D)  The federal parliament is now supreme and can override anything done by the provincial legislatures or the courts. 
E)  The power of the parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution.

Question 7

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Juries are limited to criminal matters.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following is false with regard to administrative law?

Accepted Answer

A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
C)  A writ of mandamus can force the administrator to perform his or her duty. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made. 
A)  A writ of certiorari renders the decision of an inferior body as having no legal effect. 
B)  If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction. 
C)  A writ of mandamus can force the administrator to perform his or her duty. 
D)  A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal. 
E)  A court can exercise its right of judicial review when an error of law on the record has been made.

Question 11

Which of the following is correct with respect to our courts?

Accepted Answer

A)  All criminal matters are dealt with in the Federal Court and Federal Court of Appeal. 
B)  All judges are appointed by the federal government. 
C)  All judges are appointed by the provincial cabinet. 
D)  The appointment of a Court of Appeal judge is a matter for the federal government. 
E)  All courts are the same, province to province. 
A)  All criminal matters are dealt with in the Federal Court and Federal Court of Appeal. 
B)  All judges are appointed by the federal government. 
C)  All judges are appointed by the provincial cabinet. 
D)  The appointment of a Court of Appeal judge is a matter for the federal government. 
E)  All courts are the same, province to province.

Question 12

When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which one of the following courts will we get the most authoritative precedent, i.e., the most binding ruling?

Accepted Answer

A)  The Federal Court of Appeal 
B)  The Manitoba Court of Queen's Bench 
C)  The Supreme Court of B.C. 
D)  The Ontario Court of Appeal 
E)  The Supreme Court of Canada 
A)  The Federal Court of Appeal 
B)  The Manitoba Court of Queen's Bench 
C)  The Supreme Court of B.C. 
D)  The Ontario Court of Appeal 
E)  The Supreme Court of Canada

Question 13

Which of the following is correct with respect to the enforcement of judgments?

Accepted Answer

A)  The parties to a contract can specify that the civil law of another jurisdiction is to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  To enforce a judgment in another jurisdiction, that case must always be heard all over again. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  Once a judgment is obtained, that judgment can be enforced anywhere in the world. 
A)  The parties to a contract can specify that the civil law of another jurisdiction is to apply to the transaction. 
B)  Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada. 
C)  To enforce a judgment in another jurisdiction, that case must always be heard all over again. 
D)  A judgment can only ever be enforced in the jurisdiction where it is obtained. 
E)  Once a judgment is obtained, that judgment can be enforced anywhere in the world.

Question 14

Indicate the differences in the standards of proof in a civil and a criminal trial.

Accepted Answer

Just more likely to be right t

Question 15

A court will invariably disregard a mediated settlement.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

Contracts requiring arbitration are becoming more common.

Accepted Answer

A) True 
 B)False

Question 18

Garnishment involves the interception of funds owed to the judgment debtor.

Accepted Answer

A) True 
 B)False

Question 19

The decision of an administrative tribunal may be challenged because of an abuse of discretionary power.

Accepted Answer

A) True 
 B)False

Question 20

The procedure that allows a judgment creditor to ask a judgment debtor about his income, property, and debts is which of the following?

Accepted Answer

A)  Execution 
B)  Secured transaction 
C)  Garnishee procedure 
D)  Seize or sue rule 
E)  Examination in aid of execution 
A)  Execution 
B)  Secured transaction 
C)  Garnishee procedure 
D)  Seize or sue rule 
E)  Examination in aid of execution

Mediation and arbitration are becoming more common in resolving online disputes. .

With regard to the process of a civil law suit, which of the following is true?

Indicate the jurisdiction of the Federal Court.

Explain why the courts are open to the public and press.

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

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

Juries are limited to criminal matters.

Which of the following is false with regard to administrative law?

Which of the following is correct with respect to our courts?

When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which one of the following courts will we get the most authoritative precedent, i.e., the most binding ruling?

Which of the following is correct with respect to the enforcement of judgments?

Indicate the differences in the standards of proof in a civil and a criminal trial.

A court will invariably disregard a mediated settlement.

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

Contracts requiring arbitration are becoming more common.

Garnishment involves the interception of funds owed to the judgment debtor.

The decision of an administrative tribunal may be challenged because of an abuse of discretionary power.

The procedure that allows a judgment creditor to ask a judgment debtor about his income, property, and debts is which of the following?

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

Mediation and arbitration are becoming more common in resolving online disputes. .

With regard to the process of a civil law suit, which of the following is true?

Indicate the jurisdiction of the Federal Court.

Explain why the courts are open to the public and press.

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

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

Juries are limited to criminal matters.

Which of the following is false with regard to administrative law?

Which of the following is correct with respect to our courts?

When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which one of the following courts will we get the most authoritative precedent, i.e., the most binding ruling?

Which of the following is correct with respect to the enforcement of judgments?

Indicate the differences in the standards of proof in a civil and a criminal trial.

A court will invariably disregard a mediated settlement.

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

Contracts requiring arbitration are becoming more common.

Garnishment involves the interception of funds owed to the judgment debtor.

The decision of an administrative tribunal may be challenged because of an abuse of discretionary power.

The procedure that allows a judgment creditor to ask a judgment debtor about his income, property, and debts is which of the following?

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