Deck 2: The Machinery of Justice

Question 1

Stare decisis means

A) to make decisions with due consideration.
B) to stand by the decided cases.
C) to stare at someone.
D) to make decisions effectively.
E) to be decisive in decision making.

Answer 1

B

Question 2

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

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

Answer 2

D

Question 3

In class action proceedings:

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

Answer 3

D

Question 4

Public law is

A) law that deals with the rights of public persons.
B) law that regulates the conduct of government and its relationship with private persons.
C) law that concerns the public in general.
D) law that concerns public corporations.
E) law that concerns public bodies.

Question 5

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

Question 6

Substantive law

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

Question 7

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

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

Question 8

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

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

Question 9

The two main sources of law are

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

Question 10

How many tiers of courts are there in Canada?

A) 2
B) 3
C) 5
D) 6
E) 4

Question 11

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

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

Question 12

Specific performance and contempt of court are examples of

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

Question 13

The two main legal systems that developed in western europe are

A) procedural law and roman law.
B) common law and civil law.
C) roman law and common law.
D) public and private law.
E) substantive law and private law.

Question 14

Private law

A) comprises rules that are restricted in its application to only a few persons.
B) comprises rules of a private nature.
C) means civil law.
D) comprises rules that concerns the private relations between persons and groups of persons.
E) comprises rules applicable to private bodies and institutions such as private schools, private hospitals etc.

Question 15

The pre- trial step in the litigation where one party is permitted to ask the other questions is known as

A) examination of the debtor.
B) examination for discovery.
C) examination by the creditor.
D) hearsay proceedings.
E) cross examinations.

Question 16

The two most basic categories of law are

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

Question 17

When a party wishes to commence legal proceedings against another person he or she

A) files a statement of defence.
B) files a writ or statement of claim.
C) files an appearance.
D) requests that the other party attend an examination for discovery.
E) files a counterclaim.

Question 18

When the rules of equity were developed, equity was administered by

A) the trade guilds.
B) the common law courts.
C) the courts of chancery.
D) the statute courts.
E) the merchant courts.

Question 19

When a defendant receives the originating documents, he or she replies by filing

A) a statement of defence.
B) hearsay.
C) a writ.
D) an examination for discovery.
E) admissible evidence.

Question 20

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) Court of first instance
D) Circuit Courts
E) none of the above

Question 21

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

Question 22

A statement of defence cannot be combined with a counterclaim.

Question 23

The is/are model(s) of legal aid that are used in Canada.

A) 1
B) 2
C) 3
D) 5
E) 4

Question 24

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 law suit. This kind of law suit is known as

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

Question 25

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

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

Question 26

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

Question 27

If parties to mediation do not reach a settlement, the mediator will render a binding decision.

Question 28

Equity is currently separate from the common law.

Question 29

The legal profession is organized on a national basis in Canada.

Question 30

The oldest form of ADR is

A) adjudication.
B) advocacy.
C) mediation.
D) litigation.
E) arbitration.

Question 31

In England, the lawyer who is handed a brief is known as

A) a barrister.
B) a defence attorney.
C) an advocate.
D) an attorney.
E) a solicitor.

Question 32

In which alternative dispute resolution method does a neutral third party assist the parties to reach a resolution?

A) Adjudication
B) Litigation
C) Mediation
D) Arbitration
E) Negotiation

Question 33

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 34

In Canada, like England, the legal profession is divided in Barristers & Solicitors.

Question 35

In Canada, the legal profession is not divided into Barristers & Solicitors.

Question 36

Jake decides to sue Mary and consults a lawyer. Because Jake 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) sliding scale fee arrangement.
C) solicitor- client fee arrangement.
D) party and party costs.
E) flat fee arrangement.

Question 37

Most provinces in Canada permit contingency fee arrangements.

Question 38

Constitutional and Administrative law are all part of

A) municipal law.
B) public law.
C) contract law.
D) law of procedure.
E) private law.

Question 39

ADR means

A) Arbitrated Disputes Resolution.
B) Adjudicative Disputes Resolution.
C) Alternative Decisions Reasoning.
D) Arbitrated Disputes Research.
E) Alternative Dispute Resolution.

Question 40

ADR means, Alternative Decisions Reasoning.

Question 41

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

Question 42

Distinguish between the civil and common law systems.

Question 43

What is res judicata?

Question 44

What is an examination for discovery?

Question 45

How is an appeal different from a trial?

Question 46

What is ADR, and what are the advantages of ADR?

Question 47

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

Question 48

What is a class action?

Question 49

Explain the theory of precedent.

Question 50

Explain the difference between substantive and procedural law.