Deck 2: The Machinery of Justice

Question 1

When we talk about predictability being a major element of law,we mean that

A)although the law is predictable,the outcome of a given dispute between people is not.
B)people should be more likely to be able to predict when they can circumvent a law.
C)the law itself is not predictable,only the cases that are decided.
D)by using common sense,the decision of any court can be determined in advance.
E)people should be able to find out where they stand and how to act with reasonable certainty.

Answer 1

E

Question 2

When it comes to interpreting statutes,a precedent is formed when courts

A)decide on the meaning of the language of the statute.
B)decide what the language of the statute means; whether it applies to the facts of a case; and,if it does,its consequences.
C)determine whether the statute applies to the facts of a case.
D)decide on the consequences of the statute when applied to a particular case.
E)use and apply an existing case to the case being dealt with.

Answer 2

B

Question 3

The normal steps in a civil lawsuit in Canadian courts are

A)statement of claim,statement of defence,discovery of documents,pre-trial conference,and trial.
B)statement of claim,statement of defence with or without counterclaim,oral and documentary examinations for discovery,pre-trial conference,and trial.
C)statement of claim,statement of defence,oral and documentary examinations for discovery,and trial.
D)statement of claim,statement of defence,pre-trial conference,and trial.
E)statement of claim,statement of defence with or without counterclaim,oral examinations for discovery,pre-trial conference,and trial.

Answer 3

C

Question 4

Substantive law

A)means the civil law.
B)comprises law that applies to rulings of judges.
C)means the common law.
D)comprises the rights and duties that each person has in society.
E)comprises laws that are applied to issues or substantive matters that are identified by lawyers in court.

Question 5

Which of the following is generally used to resolve an international dispute?

A)mediation
B)litigation
C)settlement
D)arbitration
E)alternative dispute resolution

Question 6

When a party wins a legal action,the judge will usually award the successful party

A)legal aid.
B)total costs of the litigation.
C)solicitor-client costs.
D)party and party costs.
E)out-of-pocket expenses only.

Question 7

The form of law that was adopted by the whole of continental Europe was one in which

A)the law was not codified.
B)the law was both codified and based on previous cases.
C)the law was based on decisions of previous cases.
D)the law was codified.
E)the law was partly,but not fully,codified.

Question 8

When considering whether or not it is worthwhile to commence an action or lawsuit ,a prudent business manager must consider

A)the staggering costs of the litigation,even if winning appears to be a certainty.
B)that even if winning appears to be a certainty,it may be impossible to collect any money from the defendant.
C)that there is always a risk of losing and having to pay the legal costs of the other party.
D)that even if winning appears to be a certainty,the litigation may take up a huge amount of the business manager's time,which would be better spent concentrating on the business.
E)all of the above

Question 9

In the English court system,when a party (the appellant)appeals to a higher court,the higher court can

A)agree with the trial judge and dismiss the appeal.
B)agree with the appellant and allow the appeal.
C)declare that the trail judge failed to consider certain facts and send the case back for a new trial.
D)vary the trial judgment in part.
E)all of the above

Question 10

A valid argument as to why the rule stare decisis should not be an absolute rule is that

A)no two sets of facts are identical in every respect.
B)fairness in law often requires that judges exercise some flexibility in their approaches to some cases.
C)precedents only bind the same set of circumstances.
D)judges are only bound to follow decisions of higher courts.
E)all of the above

Question 11

In addition to the two basic categories of public and private law,law is divided further into two more categories,which are

A)criminal and contract law.
B)domestic and international law.
C)criminal and tort law.
D)public and private law.
E)substantive and procedural law.

Question 12

The rule stare decisis

A)is a hard and fast rule that has qualifications attached to it that allow judges to depart from it.
B)is merely a principle that applies in those countries where the law is codified.
C)is not a hard and fast rule and is not always followed.
D)is a hard and fast rule that is always followed.
E)has no place in a system based on common law.

Question 13

The fact that similar cases are treated alike

A)increases the number of disputes that go to court.
B)reduces the number of disputes that go to court by allowing parties to anticipate the results based on prior outcomes.
C)does not help parties in a dispute to anticipate how a case will turn out based on prior outcomes.
D)does nothing to reduce the number of disputes that end up in the courts.
E)none of the above

Question 14

The two main sources of law are

A)common law and canon law.
B)subordinate legislation and judge-made law.
C)judge-made law and statute law.
D)judge-made law and canon law.
E)judge-made law and equity.

Question 15

When two or more parties have a legal dispute,often the cheapest form of resolving the dispute is by

A)litigation in the court.
B)mediation.
C)arbitration.
D)an out of court settlement.
E)none of the above

Question 16

Of the two main classes of legislation,

A)active legislation gives the government itself the power to carry on a program and to change the law.
B)active legislation gives the government itself the power to change the law.
C)passive legislation gives the government itself the power to carry on a program.
D)active legislation gives the government itself the power to carry on a program and passive legislation allows it to change the law.
E)passive legislation gives the government itself the power to carry on a program and to change the law.

Question 17

The primary goals of the common law when it was developed were

A)efficiency and regularity.
B)consistency and predictability.
C)efficiency and speed.
D)justice and speed.
E)justice and regularity.

Question 18

Solicitor-client privilege

A)is just like the privilege between clergyman and parishioner.
B)is the only true privilege recognized and upheld by the law.
C)is just like the privilege between doctor and patient.
D)is just a rule of thumb and not a rule of law.
E)is just like the privilege between government and citizen.

Question 19

In our legal system,the decision of a court of first instance

A)can only be overruled by the Supreme Court of Canada.
B)can only be overruled by a similar court of first instance.
C)can only be overruled by a similar court of first instance and an appeal court.
D)can only be overruled by either an appeal court or the Supreme Court of Canada.
E)can only be overruled by an appeal court.

Question 20

When we say that in order to institute a lawsuit,a person must first have standing,we mean that

A)the person bringing the lawsuit must establish that he or she has the right to bring the lawsuit.
B)the person bringing the lawsuit might be someone who has been wronged.
C)the person defending the lawsuit must establish that he or she has a good defence to it.
D)must be able to stand her or his ground during it.
E)the person bringing the lawsuit must explain to the court what his or her lawsuit is about.

Question 21

Specific performance and contempt of court are examples of

A)common law rules.
B)rules of the law merchant.
C)rules of canon law.
D)equitable remedies.
E)subordinate legislation.

Question 22

In any jurisdiction of Canada,such as Ontario,the rule is that the decision of a higher court is binding on a lower court.

Question 23

In class action proceedings,

A)legal aid is available to injured plaintiffs.
B)the court appoints a lawyer to help injured parties.
C)a court usually awards punitive damages against negligent manufacturers.
D)separate claims are consolidated for trial.
E)a plaintiff applies to court to represent a class of plaintiffs with similar claims.

Question 24

The privilege between a doctor and his or her patient is recognized by law in the same way as solicitor-client privilege.

Question 25

Substantive law deals with the rights and duties of each person in society,and procedural law deals with the machinery to enforce those rights.

Question 26

After negotiation,alternative dispute resolution is the cheapest form of resolving disputes.

Question 27

Standing to sue is recognized by a court when a litigant

A)pays money into court to the credit of the action he or she has brought.
B)enters an appearance by filing a notice of intention to contest an action.
C)files an affidavit containing hearsay evidence.
D)fails to defend an action.
E)has a direct interest in a matter and/or whose rights are specifically affected by another.

Question 28

The merger of the courts of chancery with the courts of common law has resulted in judges abandoning the philosophy of equity when deciding cases.

Question 29

Law created by administrative agencies that are authorized by statute to make laws for certain purposes is called

A)subordinate legislation.
B)common law.
C)law merchant.
D)administrative law.
E)domestic law.

Question 30

Which of the following is NOT one of the tiers of courts in Canada?

A)intermediate provincial appeal courts
B)Supreme Court of Canada
C)circuit courts
D)court of first instance
E)none of the above

Question 31

Jack decides to sue Mary and consults a lawyer.Because Jack had very little money,the lawyer agrees that his fees will take the form of a percentage of the damages Jake collects if he wins.The lawyer's fee arrangement is a

A)contingent fee arrangement.
B)flat fee arrangement.
C)solicitor-client fee arrangement.
D)sliding scale fee arrangement.
E)party and party costs.

Question 32

The two models of legal aid that are used in Canada are the

A)Ontario legal aid and legal clinics.
B)community legal clinic and judicare.
C)judicare and payment plans.
D)payment plans and community clinic.
E)free services and community legal services.

Question 33

English common law is based on laws that are codified.

Question 34

The only court in Canada that is not bound by its own decisions is the Supreme Court of Canada.

Question 35

Mary owes Jack $15 000 in unpaid bills.Mary and Jack enter into an agreement.Jack is required to pay Mary $20 000 for the delivery of certain products.Jack is unable to pay and Mary sues Jack.Under the circumstances,Jack may also

A)file a statement of questions.
B)counterclaim for $15 000.
C)reserve judgment.
D)provide admissible evidence.
E)request an examination for discovery.

Question 36

Equitable remedies such as specific performance originated in the early common law courts.

Question 37

Administrative agencies derive their authority from regulations passed under statutes.

Question 38

Which of the following is NOT/are NOT a Federal Court of Canada?

A)Federal Court of Canada
B)Federal Family Court
C)Supreme Court of Canada
D)Tax Court
E)all of the above

Question 39

An arbitration is presided over by a mediator whose decision is binding on the parties to the arbitration.

Question 40

Mary works at a bread-making factory.All the women workers at the plant are paid lower wages than their male counterparts for the same work.The women workers decide to sue.They decide that Mary should represent all of them in a lawsuit.This kind of lawsuit is known as

A)a class action.
B)a labour dispute.
C)res judicata action.
D)a plaintiff claim.
E)a representative action.

Question 41

Explain the legal system commonly referred to as civil law.

Question 42

There are two models of legal aid that are used in Canada.

Question 43

Equity is currently separate from the common law.

Question 44

Distinguish between mediation and arbitration.

Question 45

Explain why it is important that the Supreme Court of Canada not be bound by its own decisions.

Question 46

A statement of defence cannot be combined with a counterclaim.

Question 47

What is res judicata?

Question 48

Explain what a court of first instance is.

Question 49

Why is hearsay evidence generally not admissible in a trial?

Question 50

Most legal cases do not go to trial because the plaintiffs simply abandon their rights.

Question 51

Explain whether judges are required to follow the principle of stare decisis.

Question 52

Most provinces in Canada permit contingency fee arrangements.

Question 53

What is an examination for discovery?

Question 54

Explain how a trial judge might avoid the rule of stare decisis,or precedent,to ensure that justice was done in a particular case that came before her or him so as to change the law.

Question 55

Trial judges hear evidence and appeal judges review evidence.Explain.

Question 56

Explain what is meant by the liberal approach taken by judges in interpreting statutes.

Question 57

Before a person can commence a suit,he or she must have standing to sue.

Question 58

Explain the relationship between the courts of common law and equity.

Question 59

How is an appeal different from a trial?

Question 60

The great majority of civil lawsuits do not proceed to trial because the parties ultimately settle.

Question 61

Critics of class actions say that the legislation encourages frivolous lawsuits that are expensive to defend.Explain the benefits of class actions.