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

Question 1

(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:

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

Answer 1

A

Question 2

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

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.

Answer 2

D

Question 3

(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?

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

Answer 3

A

Question 4

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

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 5

Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action?

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

Question 6

Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1 000. Ewen agreed to lend him this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce had recently completed some plumbing work for Martinson for which he was owed $2 000. If Bruce failed to pay Ewen on June 14, which of the following is true?

A) Ewen does not have to wait to obtain a judgment before executing against Bruce's assets.
B) Ewen could execute against Bruce even if he had not obtained judgment against him.
C) Ewen could sue Martinson for violation (breach) of the contract.
D) Ewen could serve Martinson with a garnishing order after obtaining judgement commanding him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce.
E) If Ewen obtained a judgment against Bruce, he could compel him to be examined about Martinson's income, property, and debts.

Question 7

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?

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

Question 8

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

A) A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.
B) The person who begins a civil action is usually called the "prosecutor."
C) The prosecutor must prove his case based "upon a balance of probabilities".
D) If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim.
E) In a criminal case, an individual person is taking the action against the accused.

Question 9

Which of the following is correct with respect to the litigation process?

A) An examination for discovery of documents is an opportunity for the parties to settle the dispute before proceeding to trial.
B) Even though a judgment is obtained, payment is not assured.
C) A statement of defence is a pleading prepared and filed by a plaintiff in response to the defendant's claims.
D) An offer to settle brings to an end the parties' right to proceed to trial.
E) A counterclaim is brought by the plaintiff who is then claiming against the defendant.

Question 10

In which of the following situations would the court likely be closed to the public or the press barred from publishing the proceedings?

A) When large corporations are involved and the testimony involves economically sensitive material
B) When the matter involves sexual misconduct and is embarrassing to the accused
C) When the matter involves drunk driving
D) When the government is one of the parties
E) When children are involved

Question 11

Which of the following is correct with respect to the jurisdiction of the various courts mentioned?

A) At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter.
B) The procedure used in small claims courts is identical to that used in superior level courts.
C) At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge.
D) Young offenders are now tried in the adult criminal court.
E) Divorce is a matter for a superior court.

Question 12

(Modify this question for your province.) James sued XYZ Company for $100,000 for negligence in the construction of an airplane. James alleged that because of this negligence the plane crashed and he sustained a serious back injury. In which one of the following courts should he bring this action?

A) Small Claims Court
B) B.C. Court of Appeal
C) B.C. Supreme Court
D) County Court
E) Federal Corporation Court

Question 13

Which of the following is true with regard to our court system?

A) There is no maximum monetary limit on a matter before the superior trial court of the province.
B) At the court of appeal level, judges are only bound by statute law.
C) If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity.
D) The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point.
E) Only the plaintiff could appeal a decision of a judge of the provincial court.

Question 14

Which of the following is correct with respect to the function of our court system?

A) The court must be satisfied that it was more probable that the accused committed the crime than not.
B) The victim of the crime is the one who prosecutes the action in the court.
C) A jury can only be used in a criminal matter.
D) A victim is the plaintiff in a criminal matter.
E) The court must be satisfied that the plaintiff's position is correct on the balance of probabilities.

Question 15

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

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 16

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

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 17

June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have?

A) If she is charged criminally for drunk driving and acquitted, that is the end of the matter. She cannot be tried again criminally or sued civilly.
B) If she is sued civilly and found not liable, she cannot be tried criminally for the same accident.
C) She can opt for a jury trial only if the criminal trial proceeds in the provincial court.
D) If she is charged criminally and acquitted, she can still be sued for negligence by the injured driver.
E) The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally.

Question 18

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

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 19

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?

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 20

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

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 21

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

A) A defendant in a civil action might also be charged in a criminal action for the same act, e.g., a battery.
B) Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument.
C) Court costs are an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner.
D) If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial; he merely reads the admissions from the transcript of the examinations.
E) The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt.

Question 22

If the court finds the defendant liable for the tort of battery, the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff, but for the purpose of punishing the defendant. Such damages are called

A) special damages.
B) general damages.
C) derogatory damages.
D) compensatory damages.
E) punitive damages.

Question 23

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

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 24

Which of the following involves a question of law rather than a question of fact?

A) James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names.
B) James and Joe were in an automobile accident, and Joe claims that James was speeding.
C) James owed Joe money, and Joe claimed he had paid it back two years ago.
D) James claimed that Joe called him nasty names and sued for slander. Joe says that he did make some negative statements, but that they were all true.
E) James was accused of fighting and causing injury to Joe, but James claims that Joe was the aggressor.

Question 25

Which of the following is correct with respect to the use of a jury in your province?

A) A jury can be used at the superior court trial level, but only for criminal matters.
B) Juries are no longer used in Canadian courts.
C) A jury can be used at the provincial court level in criminal matters only.
D) A jury can be used only at the court of appeal level.
E) Juries may be available in both criminal and civil matters at the superior court trial level.

Question 26

Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada?

A) You can only sue where the defendant resides.
B) You can sue in the federal court, where the defendant resides, where the action arose, or where you live.
C) You can sue where the defendant resides or where the action arose.
D) You can sue where you live, where the defendant resides, or where the action arose.
E) You can only sue where the action arose.

Question 27

Which of the following statements concerning limitation periods is true?

A) Limitation periods are invalid, because they offend the Charter of Rights and Freedoms.
B) Limitation periods are invalid, because they are ultra vires.
C) Government bodies are exempt from limitation periods.
D) The relevant limitation period applies to even government bodies.
E) Government bodies are above the law.

Question 28

Several provinces have implemented 'mental health courts'. These specialized courts focus on

A) the punishment of those who have committed criminal acts due to mental disorders
B) the treatment and rehabilitation of those who have committed criminal acts due to mental disorders
C) single-level courts whereby judges in this court are given the powers of both the superior trial courts and territorial courts for those with mental disorders.
D) domestic violence cases involving spousal, elder, and child abuse.
E) cases involving aboriginal offenders and victims.

Question 29

In Semelhago v. Paramadevan, the Supreme Court of Canada held that in land transaction disputes

A) neither damages nor specific performance will ever be available.
B) damages and specific performance must both be awarded.
C) only alternative dispute resolution is possible.
D) specific performance is the only possible remedy.
E) specific performance should not always be considered the appropriate remedy.

Question 30

(Modify this question for your province.) Which of the following is the document that initiates a court action in this jurisdiction?

A) Writ of summons
B) Statement of defence
C) Appearance
D) Discovery
E) Statement of claim

Question 31

Mr. Holden, a program developer, had a successful business helping small firms and shops computerize their businesses. In his spare time, he developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months until a competitor came out with a cheaper program. In time, he could not pay his debts when they became due and owing. A supplier sued for damages and was awarded $21,000. Holden did not pay. With regard to the supplier's position at this time, which of the following is false?

A) The supplier could get a government official to seize and sell enough of Holden's property to satisfy the debt.
B) The supplier could examine Holden under oath about his assets and sources of income.
C) The supplier could have a garnishee order served on Holden's bank, ordering the bank to pay money into court instead of to Holden.
D) Since the decision is in his favour, the supplier would be a judgment creditor, Holden, a judgment debtor.
E) The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment.

Question 32

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

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 33

Which of the following is true with respect to recent litigation reforms?

A) The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta.
B) Mediation is compulsory in every common law province except for Ontario.
C) Small claims court procedures are becoming more complicated in all jurisdictions in order to dissuade parties from availing themselves of the court system.
D) Summary trials in Alberta and British Columbia require all evidence to be presented orally, to save the time associated with document preparation.
E) Several provinces have started mandatory case management, which involves judicial supervision of the litigation process.

Question 34

In the procedure leading to trial of a civil matter, the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which one of the following?

A) Stare decisis
B) Examination for discovery
C) The statement of defence
D) The appearance
E) Default judgment

Question 35

Hank sold three properties for Mr. W and had been paid his commission for the first, but not for the last two. Hank had done everything according to the contract and according to the relevant statutes, but Mr. W wouldn't pay. Hank knows that Mr. W has a bank account with the Bank of Montreal and has money owed to him from a Mr. Gregory. If Hank successfully sued Mr. W., which of the following would be false?

A) Hank could personally seize the property of Mr. Gregory to satisfy the debt.
B) The lawsuit commenced by Hank against Mr. W would have been for breach of contract.
C) Hank could get an order commanding a government official to seize enough of Mr. W's goods to satisfy the judgment debt.
D) Hank could force the bank to pay into court an amount of money from Mr. W's account to satisfy the debt.
E) Hank could examine Mr. W under oath to determine what assets he has.

Question 36

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that

A) limitation periods do not apply to claims for breach of contract.
B) if a claim filed after the expiration of the limitation period, and the special circumstances doctrine no longer applies, the action would be prohibited.
C) limitation periods do not apply to negligence claims.
D) There is no limitation period to civil cases.
E) when a person sues for negligence, there must also be a breach of contract or the action will fail.

Question 37

Mildred and Sam's marriage breaks up, and Mildred wants possession of the house to raise the kids. Which court would deal with this action in your province?

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

Question 38

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

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 39

Which of the following is correct with respect to the Supreme Court of Canada?

A) The Supreme Court of Canada deals with disputes arising from matters in the federal system (matters given to the federal parliament under the Constitution Act (1867)); anything else must be handled by the provincial courts.
B) The Supreme Court of Canada has the power to override parliament in all areas.
C) The Supreme Court of Canada is made up of three judges from each province and one from each territory, although a quorum consists of only nine judges.
D) The Supreme Court of Canada is always subject to decisions made by the federal parliament.
E) The Supreme Court of Canada can make some decisions that bind both the federal parliament and provincial legislatures.

Question 40

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

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

Question 41

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?

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 42

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

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.

Question 43

When a government administrator refuses to make a decision that she is required to make by statute, which of the following remedies is the appropriate one to obtain from the courts?

A) Injunction
B) Prohibition
C) Mandamus
D) Certiorari
E) Declaratory judgment

Question 44

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways. His application was refused. Which one of the following would not be a ground upon which the decision of that clerk could be challenged?

A) The clerk owned his own large truck that operated in competition with Joe in the same small community.
B) The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make.
C) The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments.
D) The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance.
E) The clerk exercised a discretionary power given to him under the legislation.

Question 45

Consider the following statements with respect to the exercise of governmental powers. Identify the false statement.

A) The exercise of governmental power is subject to a number of constitutional limitations.
B) Statutes often restrict the power of government officials.
C) The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms.
D) Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action.
E) The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation.

Question 46

Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to dat e on the relevant legal issues facing her business, but she always acted ethically and treated her customers well. After a number of notices from the municipality went unanswered, Sandamali had her business licence withdrawn. Which of the following would not be grounds upon which she might challenge the decision?

A) The legislation was invalid under the Charter of Rights and Freedoms.
B) The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act (1867).
C) The regulations relied on were not authorized by statute.
D) The legislation was intra vires.
E) The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power.

Question 47

Which of the following is not a rule of natural justice?

A) A person must be allowed to retain a lawyer.
B) A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend himself.
C) A person must be given an opportunity to put his side forward.
D) A person affected by a decision must be notified that the decision is to be made.
E) The decision maker must be impartial.

Question 48

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

A) Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality.
B) Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee.
C) Joe, a student, was refused a graduate research grant to study the Moslem religion by a government funding body because it was inappropriate, Joe being Jewish.
D) Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it.
E) Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.

Question 49

In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question?

A) Is the statute that created the tribunal ultra vires under the Constitution Act (1867)?
B) Did the tribunal follow the rules of natural justice?
C) Did the tribunal make the same decision that a court would have made?
D) Is the tribunal acting within the power given to it by statute?
E) Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms?

Question 50

In Ahumada v. Canada (Minister of Citizenship and Immigration), what did the Federal Court of Appeal decide was the test for bias in those circumstances?

A) Is there clear evidence proving bias beyond all reasonable doubt?
B) Would a reasonable person informed of the facts think it more likely than not that the tribunal was biased?
C) Considering the matter subjectively, would a panel member have believed he or she was capable of bias at the time of the decision?
D) Did the person alleging actually feel that the tribunal was biased?
E) Did the tribunal willfully and deliberately make a decision from a position of bias?

Question 51

In Baker v. Canada, the Supreme Court of Canada ruled which of the following decisions?

A) The Court confirmed the decision because the immigration officer had acted appropriately.
B) The Court set aside the decision, and ordered another hearing be held since there was a reasonable apprehension of bias.
C) The Court declined to hear the case, because Courts have no authority review board decisions.
D) The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms.
E) The Court confirmed the decision because the process followed by the hearing was proper in the circumstances.

Question 52

Which of the following is not one of the requirements of natural justice?

A) The evidence be heard by the person making the decision
B) An opportunity to present your side
C) The rules of evidence be adhered to
D) Notice of the hearing
E) The decision be made free from bias

Question 53

Joe owned a house and wanted to make an addition that would double its size. He applied to the city hall for a building permit but was amazed at a new policy instituted by the engineering department, restricting the size of all buildings to 50% of the lot size. This was considerably less than what he wanted, and his request for a building permit was refused. Angry, he decided to proceed anyway. What should Joe do with respect to his legal position?

A) If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made.
B) Even if Joe finds out that the city council is planing to take action against him, there is nothing he can do as he did fail to get a permit.
C) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari.
D) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus.
E) If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction.

Question 54

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

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 55

A privative clause is which of the following?

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 56

Jones operated a local movie theatre in a small town that had fallen on hard times. As a last ditch effort to attract customers, he decided to show pornographic movies. From the week the change was made, the theatre had to turn away customers on a regular basis. The local town council was quite upset, however, especially since a number of them represented a conservative and religious constituency. They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that. They then decided to increase the licence fee from the regular $50 per year to $15,000 per year. Jones was notified of the fact that this course of action was being considered, and he was given a chance to appear before the council to state his case. He did so, but the council decided to go ahead with the decision in any case. This, of course, would force Jones out of business, and so Jones, after exhausting any local remedies and appeals, took the matter to court. Which of the following accurately indicates the legal position of the parties?

A) Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction.
B) Jones will not be successful since the decision has been made and he has exhausted his remedies.
C) The municipal council's decision will stand since this is a proper use of their licensing power.
D) Jones will be successful and will seek an order of prohibition.
E) Jones will be successful and will seek an order of mandamus.

Question 57

Which of the following statements regarding administrative law is true?

A) Administrative tribunals are part of the legislative branch of government when they make rules, and are part of the judicial branch of government when the hold hearings.
B) As long as government agents administer government policy, individuals have no right to challenge their authority.
C) A government bureaucrat acting in a regulatory capacity can do anything incidental to the performance of her job.
D) Administrative tribunals tend to be less efficient, slower, and more costly than the courts.
E) Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards.

Question 58

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?

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 59

Taisa was a massage therapist who ran a successful business from her home. One of her long-time clients, Greg, owed her a considerable sum of money relating to unpaid massage therapy sessions. Greg was reluctant to pay because he was unhappy with the services he had received. Which of the following is true?

A) If her primary concern is to keep costs low, Taisa should commence a civil action against Greg as soon as possible.
B) If her primary concern is to preserve her relationship with Greg, Taisa should consider an alternative form of dispute resolution.
C) Taisa needs to commence a civil action, as alternative forms of dispute resolution are not available in commercial disputes.
D) If her primary concern is to ensure the dispute is kept private, Taisa should commence a civil action against Greg.
E) If her primary concern is the ability to appeal the decision made, Taisa should consider an alternative form of dispute resolution.

Question 60

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

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 61

In a criminal matter, the judge must be satisfied that the accused probably committed the crime.

Question 62

Which of the following best describes the process of mediation?

A) Controversial
B) Rigid
C) Time-consuming
D) Cooperative/flexible
E) Structured
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Question 63

Which of the following is an advantage of using ADR?

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

Question 64

A person has the right to appeal a decision in a civil court.

Question 65

Which of the following cases would be a good one to mediate?

A) A case where the parties are not concerned about costs and delays
B) A case where the parties want a high degree of public visibility
C) A case where the parties want to ensure the right to appeal
D) A case where the parties do not trust each other
E) A case where the parties want to maintain goodwill

Question 66

Because the federal government has been given power over the courts, the court structure is the same in each province.

Question 67

A case in which a businessperson is being prosecuted for fraud would be held in a criminal court.

Question 68

A negotiation will most likely lead to agreement when the parties are

A) aggressive.
B) coercive.
C) uncommunicative.
D) vulnerable.
E) equal in power.

Question 69

The Supreme Court of Canada only hears appeals of private citizens.

Question 70

When one person is suing another in a civil matter, the judge must be satisfied about the outcome on the balance of probabilities.

Question 71

A jury is not available in civil disputes.

Question 72

Which of the following statements is correct?

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 73

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?

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 74

A jury is only available in civil disputes.

Question 75

Juries are no longer used in Canada.

Question 76

When a person is acquitted in a criminal matter, he or she can no longer be sued civilly.

Question 77

Which of the following statements is true?

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 78

A case in which one person sues another for breach of contract would be conducted in a civil court.

Question 79

Which of the following will contribute to the success of a negotiation?

A) One party is more powerful than the other.
B) One party dominates or controls discussions.
C) The parties rely on outsiders to put forward their cases.
D) One of the parties uses coercion to get an agreement.
E) All relevant information is brought forward by both sides.

Question 80

Which of the following is an advantage of the mediation process?

A) Consistent outcomes
B) Full disclosure
C) Overcomes power imbalances
D) Less expensive than litigation
E) Redress for injury