Question 1

Distinguish between the executive and legislative branches of government.

Accepted Answer

The legislative branch is parliament, in

Question 2

Indicate three of the requirements of the rules of natural justice.

Accepted Answer

A fair hearing with adequate n

Question 3

(Modify this question for your province.) Which of the following is false with respect to our court system?

Accepted Answer

A)  The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. 
B)  There is no monetary limitation on the B.C. Supreme Court; i.e., the case may involve any amount of money. 
C)  A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. 
D)  A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case. 
E)  The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both the legal and equitable principles and remedies. 
A)  The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. 
B)  There is no monetary limitation on the B.C. Supreme Court; i.e., the case may involve any amount of money. 
C)  A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. 
D)  A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on an identical case. 
E)  The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both the legal and equitable principles and remedies.

Question 4

A successful negotiation has the potential of enhancing a business relationship.

Accepted Answer

A) True 
 B)False

Question 5

What is the major requirement for the rules of natural justice?

Accepted Answer

That the person being affected

Question 6

The Tax Court of Canada is considered a superior court.

Accepted Answer

A) True 
 B)False

Question 7

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Accepted Answer

A) True 
 B)False

Question 8

Sam operated a restaurant and George, a health inspector, visited the premises. Finding that one of the waiters had AIDS, George ordered the restaurant closed, using a section of the regulations allowing such closures to prevent the spread of contagious diseases. Sam was very unhappy about the loss of business but didn't want to fire his waiter. He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS, even though AIDS had been specifically included in the regulations. Which of the following is incorrect with respect to Sam's legal position?

Accepted Answer

A)  Sam can challenge the action even though the closure was authorized in the regulations. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  Sam can reopen the restaurant. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do. 
A)  Sam can challenge the action even though the closure was authorized in the regulations. 
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed. 
C)  Sam can reopen the restaurant. 
D)  Sam can ask for an order of prohibition to prevent any similar action in the future. 
E)  If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do.

Question 9

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation results.

Accepted Answer

A) True 
 B)False

Question 10

Solicitor-client costs are those commonly awarded.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following accurately reflects a recent change to the court system?

Accepted Answer

A)  Drug treatment courts have been established in certain jurisdictions, where the emphasis is on lengthy jail time and other severe penalties. 
B)  Unified family courts have made the court process significantly more complicated, because of added court procedure and complex rules. 
C)  Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. 
D)  The Nunavut Court of Justice is Canada's first single-level court. 
E)  Sentencing circles are "circuit courts" which travel throughout rural areas to hear cases. 
A)  Drug treatment courts have been established in certain jurisdictions, where the emphasis is on lengthy jail time and other severe penalties. 
B)  Unified family courts have made the court process significantly more complicated, because of added court procedure and complex rules. 
C)  Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. 
D)  The Nunavut Court of Justice is Canada's first single-level court. 
E)  Sentencing circles are "circuit courts" which travel throughout rural areas to hear cases.

Question 12

What constitutes a fair hearing?

Accepted Answer

What constitutes a fair hearing will var

Question 13

There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process?

Accepted Answer

A)  Confidentiality is protected. 
B)  A speedier method of obtaining resolution of a dispute 
C)  Enforcement of the decision is more likely. 
D)  A method of dispute resolution where both parties are more likely to be satisfied with the outcome 
E)  A less costly method of obtaining a resolution to a dispute 
A)  Confidentiality is protected. 
B)  A speedier method of obtaining resolution of a dispute 
C)  Enforcement of the decision is more likely. 
D)  A method of dispute resolution where both parties are more likely to be satisfied with the outcome 
E)  A less costly method of obtaining a resolution to a dispute

Question 14

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

Accepted Answer

Small claims courts have a limited, some

Question 15

The pre-trial process is often criticized as causing long delays. Explain why it is necessary.

Accepted Answer

Delays are caused by these procedural st

Question 16

Under what circumstances can a creditor take steps even before judgment to seize property or funds?

Accepted Answer

Rarely will this be allowed. Usually a p

Question 17

Explain any limitations on the superior trial court of the province.

Accepted Answer

They have complete jurisdictio

Question 18

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

Accepted Answer

A)  Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded. 
B)  The plaintiff must prove his case on the balance of probabilities. 
C)  Once a statement of claim is served, the next step is the trial. 
D)  The writ is a document issued by the defendant to indicate that he or she will defend against the action. 
E)  An action is usually commenced by issuing a chambers application. 
A)  Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded. 
B)  The plaintiff must prove his case on the balance of probabilities. 
C)  Once a statement of claim is served, the next step is the trial. 
D)  The writ is a document issued by the defendant to indicate that he or she will defend against the action. 
E)  An action is usually commenced by issuing a chambers application.

Question 19

Indicate two alternatives to court action.

Accepted Answer

Negotiation, mediati

Question 20

Which of the following statements is correct with respect to the functions of government?

Accepted Answer

A)  The judicial branch of government consists of the police forces and the RCMP. 
B)  The executive branch of government consists of the federal parliament and the provincial legislative assemblies. 
C)  The executive branch of government consists of those senior clerks working for the ministers. 
D)  The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. 
E)  The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation. 
A)  The judicial branch of government consists of the police forces and the RCMP. 
B)  The executive branch of government consists of the federal parliament and the provincial legislative assemblies. 
C)  The executive branch of government consists of those senior clerks working for the ministers. 
D)  The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. 
E)  The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation.

Distinguish between the executive and legislative branches of government.

Indicate three of the requirements of the rules of natural justice.

(Modify this question for your province.) Which of the following is false with respect to our court system?

A successful negotiation has the potential of enhancing a business relationship.

What is the major requirement for the rules of natural justice?

The Tax Court of Canada is considered a superior court.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation results.

Solicitor-client costs are those commonly awarded.

Which of the following accurately reflects a recent change to the court system?

What constitutes a fair hearing?

There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process?

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

The pre-trial process is often criticized as causing long delays. Explain why it is necessary.

Under what circumstances can a creditor take steps even before judgment to seize property or funds?

Explain any limitations on the superior trial court of the province.

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

Indicate two alternatives to court action.

Which of the following statements is correct with respect to the functions of government?

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

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Sales and Consumer Protection

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

Distinguish between the executive and legislative branches of government.

Indicate three of the requirements of the rules of natural justice.

(Modify this question for your province.) Which of the following is false with respect to our court system?

A successful negotiation has the potential of enhancing a business relationship.

What is the major requirement for the rules of natural justice?

The Tax Court of Canada is considered a superior court.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Legal concessions made "without prejudice" during negotiations will not hurt the parties if litigation results.

Solicitor-client costs are those commonly awarded.

Which of the following accurately reflects a recent change to the court system?

What constitutes a fair hearing?

There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process?

Distinguish between small claims courts and provincial superior courts when dealing with civil disputes.

The pre-trial process is often criticized as causing long delays. Explain why it is necessary.

Under what circumstances can a creditor take steps even before judgment to seize property or funds?

Explain any limitations on the superior trial court of the province.

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

Indicate two alternatives to court action.

Which of the following statements is correct with respect to the functions of government?

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