Question 1

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

Accepted Answer

A)  When children are involved 
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 large corporations are involved and the testimony involves economically sensitive material

Question 2

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Accepted Answer

A) True 
 B)False

Question 3

Mandamus involves the decision of the decision maker being stopped before the decision is made.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

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

Question 5

Discuss privative clauses, parliamentary supremacy, and the role of the courts in supervising government decision makers.

Accepted Answer

The answer of Discuss privative clauses, parliamentary supremacy, and the...

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

Accepted Answer

The answer of What is the name given to the...

Question 8

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 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 small claims court 
B)  The family court 
C)  The superior trial court 
D)  The surrogate court 
E)  The provincial youth court

Question 9

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

Accepted Answer

A)  Divorce is a matter for a superior court. 
B)  Young offenders are now tried in the adult criminal court. 
C)  The procedure used in small claims courts is identical to that used in superior level courts. 
D)  At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. 
E)  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.

Question 10

Contracts requiring arbitration are becoming more common.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A)  The executive branch of government consists solely of those senior clerks working for the ministers. 
B)  The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. 
C)  The judicial branch of government consists of the police forces and the RCMP. 
D)  The executive 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 12

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

Accepted Answer

The answer of Indicate three situations where someone affected by...

Question 13

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?

Accepted Answer

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

Question 14

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

Accepted Answer

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

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

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

Question 17

Who prosecutes a criminal matter?

Accepted Answer

The answer of Who prosecutes a criminal matter?...

Question 18

Both the federal and provincial governments have administrative tribunals that can affect us.

Accepted Answer

A) True 
 B)False

Question 19

A court will invariably disregard a mediated settlement.

Accepted Answer

A) True 
 B)False

Question 20

When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which of the following courts will we get the most authoritative precedent (i.e., the most binding ruling)?

Accepted Answer

A)  The Manitoba Court of Queen's Bench 
B)  The Ontario Court of Appeal 
C)  The Federal Court of Appeal 
D)  The Supreme Court of B.C. 
E)  The Supreme Court of Canada

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

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

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Mandamus involves the decision of the decision maker being stopped before the decision is made.

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

Discuss privative clauses, parliamentary supremacy, and the role of the courts in supervising government decision makers.

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

What is the name given to the hearing held to determine the assets of the debtor and how they can be made to pay the judgment?

Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province?

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

Contracts requiring arbitration are becoming more common.

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

Indicate three situations where someone affected by the decision of an administrator can turn to the courts for relief.

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?

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

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

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

Who prosecutes a criminal matter?

Both the federal and provincial governments have administrative tribunals that can affect us.

A court will invariably disregard a mediated settlement.

When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which of the following courts will we get the most authoritative precedent (i.e., the most binding ruling) ?