Question 1

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

Accepted Answer

A)  Common law overrides case law on the same point. 
B)  The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts. 
C)  The courts cannot affect the meaning of the statute through subsequent interpretation. 
D)  A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. 
E)  The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. 
A)  Common law overrides case law on the same point. 
B)  The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts. 
C)  The courts cannot affect the meaning of the statute through subsequent interpretation. 
D)  A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. 
E)  The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament.

Question 2

Consider the alternatives that are available to going to court and suing someone, and discuss the relative merits of these different courses of action.

Accepted Answer

The first alternative is for the parties

Question 3

Which of the following statements is true?

Accepted Answer

A)  Use of ADR precludes parties from litigating. 
B)  Mediators have the power to enforce decisions. 
C)  The public is entitled to know the result of mediated cases. 
D)  The rules of precedent apply to arbitration hearings. 
E)  ADR methods are less costly than adjudication. 
A)  Use of ADR precludes parties from litigating. 
B)  Mediators have the power to enforce decisions. 
C)  The public is entitled to know the result of mediated cases. 
D)  The rules of precedent apply to arbitration hearings. 
E)  ADR methods are less costly than adjudication.

Question 4

(Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up when joy riding. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province?

Accepted Answer

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

Question 5

Indicate the jurisdiction of the Federal Court of Appeal.

Accepted Answer

It hears appeals from the Fede

Question 6

(Modify this question for your province.) Fred sold Carole his old MacIntosh computer and the printer with eight programs for $2900. After she paid $1000, Carole quit paying. When she had no complaint about the computer, printer or programs but just wouldn't pay, Fred decided to sue. He would most likely begin his action in:

Accepted Answer

A)  Small Claims Division, Provincial Court 
B)  B.C. Supreme Court 
C)  Federal Court 
D)  Criminal Division, Provincial Court 
E)  B.C. Court of Appeal 
A)  Small Claims Division, Provincial Court 
B)  B.C. Supreme Court 
C)  Federal Court 
D)  Criminal Division, Provincial Court 
E)  B.C. Court of Appeal

Question 7

Which of the following is an advantage of using ADR?

Accepted Answer

A)  Sets a binding precedent 
B)  More expensive than litigation 
C)  Ensures full disclosure 
D)  Lengthy process 
E)  Speedy resolution 
A)  Sets a binding precedent 
B)  More expensive than litigation 
C)  Ensures full disclosure 
D)  Lengthy process 
E)  Speedy resolution

Question 8

How is the procedure in small claims court different from that followed in superior trial court?

Accepted Answer

It is simp

Question 9

Which of the following is incorrect with respect to the function of the small claims court?

Accepted Answer

A)  Lawyers usually don't attend. 
B)  The procedure is the same as the provincial superior trial court. 
C)  The monetary jurisdiction of the court is limited. 
D)  The recovery of costs to compensate for legal fees is severely limited. 
E)  The provincial government appoints the judge. 
A)  Lawyers usually don't attend. 
B)  The procedure is the same as the provincial superior trial court. 
C)  The monetary jurisdiction of the court is limited. 
D)  The recovery of costs to compensate for legal fees is severely limited. 
E)  The provincial government appoints the judge.

Question 10

A privative clause is which of the following?

Accepted Answer

A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
E)  Privative clauses are those sections of the charter with respect to personal freedoms. 
A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal. 
B)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters. 
C)  Privative clauses restrict certain people from participating in administrative tribunals. 
D)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area. 
E)  Privative clauses are those sections of the charter with respect to personal freedoms.

Question 11

Which of the following is false with regard to our legal system?

Accepted Answer

A)  An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B)  Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning. 
C)  If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
D)  Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
E)  Our constitution can be amended but not by the federal parliament acting alone. 
A)  An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. 
B)  Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning. 
C)  If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. 
D)  Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. 
E)  Our constitution can be amended but not by the federal parliament acting alone.

Question 12

Judicial review is an appeal of the decision to a higher court.

Accepted Answer

A) True 
 B)False

Question 13

What is the effect of failure to adhere to a limitation period?

Accepted Answer

Once the limitation

Question 14

Explain why the examination for discovery can be so important in any court action.

Accepted Answer

Often admissions are made in the examina

Question 15

Mildred and Sam's marriage breaks up, and a creditor is suing Mildred for $5,000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

Accepted Answer

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

Question 16

What is meant by mandamus?

Accepted Answer

This is an order ord

Question 17

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Accepted Answer

International business dealings are more

Question 18

Which of the following statements is correct?

Accepted Answer

A)  Goodwill is most likely maintained in litigation. 
B)  Privacy is maintained in an adjudication. 
C)  There is a great deal of flexibility in negotiation/mediation. 
D)  ADR agreements are enforceable or appealable. 
E)  The parties to a dispute lose control in negotiations. 
A)  Goodwill is most likely maintained in litigation. 
B)  Privacy is maintained in an adjudication. 
C)  There is a great deal of flexibility in negotiation/mediation. 
D)  ADR agreements are enforceable or appealable. 
E)  The parties to a dispute lose control in negotiations.

Question 19

What is the highest court in Canada?

Accepted Answer

Supreme Co

Question 20

What is the standard of proof used in a criminal matter?

Accepted Answer

Beyond a r

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

Consider the alternatives that are available to going to court and suing someone, and discuss the relative merits of these different courses of action.

Which of the following statements is true?

(Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up when joy riding. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province?

Indicate the jurisdiction of the Federal Court of Appeal.

Which of the following is an advantage of using ADR?

How is the procedure in small claims court different from that followed in superior trial court?

Which of the following is incorrect with respect to the function of the small claims court?

A privative clause is which of the following?

Which of the following is false with regard to our legal system?

Judicial review is an appeal of the decision to a higher court.

What is the effect of failure to adhere to a limitation period?

Explain why the examination for discovery can be so important in any court action.

Mildred and Sam's marriage breaks up, and a creditor is suing Mildred for $5,000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

What is meant by mandamus?

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Which of the following statements is correct?

What is the highest court in Canada?

What is the standard of proof used in a criminal matter?

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

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

Consider the alternatives that are available to going to court and suing someone, and discuss the relative merits of these different courses of action.

Which of the following statements is true?

(Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up when joy riding. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province?

Indicate the jurisdiction of the Federal Court of Appeal.

Which of the following is an advantage of using ADR?

How is the procedure in small claims court different from that followed in superior trial court?

Which of the following is incorrect with respect to the function of the small claims court?

A privative clause is which of the following?

Which of the following is false with regard to our legal system?

Judicial review is an appeal of the decision to a higher court.

What is the effect of failure to adhere to a limitation period?

Explain why the examination for discovery can be so important in any court action.

Mildred and Sam's marriage breaks up, and a creditor is suing Mildred for $5,000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

What is meant by mandamus?

Describe business relationships where it would be advantageous to use alternative methods of dispute resolution.

Which of the following statements is correct?

What is the highest court in Canada?

What is the standard of proof used in a criminal matter?

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