Question 1

Antonella is suing Barbara for failing to pay her for goods she bought. It will be up to Antonella to prove her case based on the evidence provided.

Accepted Answer

A) True 
 B)False

Question 2

You have a family member who was unfortunately seriously injured in a train accident. Your friend understands that there might be the possibility of a class action lawsuit against the train company. She asks you to explain the process of a class action and what the advantages of class actions are versus individual lawsuits.

Accepted Answer

The answer of You have a family member who was...

Question 3

Easy Money Credit Ltd. is owed $8,000 by Irina for a debt to buy a television and home theatre system. Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14-year-olds. Which is most likely the court of original jurisdiction?

Accepted Answer

A)  Youth Court 
B)  Criminal Court 
C)  Family Court 
D)  Small Claims Court 
E)  Provincial Supreme Court

Question 4

At the discretion of the court, judges award costs that are frequently referred to as "costs on a party-and-party basis." These involve:

Accepted Answer

A)  the judge awarding incurred costs of the litigation to the unsuccessful party, plus a counsel fee. 
B)  the judge awarding incurred costs of the litigation to the successful party, minus a counsel fee. 
C)  the judge awarding incurred costs of the litigation to the unsuccessful party, minus a counsel fee. 
D)  the judge awarding incurred costs of the litigation to the successful party, plus a counsel fee. 
E)  the judge awarding all costs of the litigation split between both parties with no counsel fee.

Question 5

An electric shaver that you bought exploded and injured your hand. You are now suing the manufacturer. The first document which your lawyer will send to the manufacturer is

Accepted Answer

A)  a writ of summons/statement of claim. 
B)  the pleadings. 
C)  a notice of trial. 
D)  a statement of defence. 
E)  a demand for particulars.

Question 6

James had been dismissed from his employment after being caught stealing cash from the business during his shift. He decided to vindicate himself by bringing a long and costly lawsuit for unjust dismissal against his employer. The court will probably award costs on a party and party basis.

Accepted Answer

A) True 
 B)False

Question 7

Each province has a Court of Appeal to review the convictions of accused persons by the following courts:

Accepted Answer

A)  Youth Court 
B)  Supreme Court 
C)  Magistrate's (or Provincial) Court 
D)  Small Claims Court 
E)  All of the above except D

Question 8

While simple actions can be undertaken by a paralegal in small claims court, the complexities of cases and senior courts require the services of a lawyer.

Accepted Answer

A) True 
 B)False

Question 9

If you were a judge in a court system in Canada, which of the following would not be a role that you might be called upon to perform?

Accepted Answer

A)  Deciding whether or not federal legislation interfered with provincial legislative jurisdiction. 
B)  Deciding whether or not a plumber has the proper qualifications to be granted a licence. 
C)  Deciding whether or not an individual has breached the terms of a contract with another individual. 
D)  Deciding whether a government agency has interfered with the constitutional rights of a citizen. 
E)  Deciding whether or not a company is licensed to print copyrighted material.

Question 10

Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to Kelly and granted a $3,000 loan to finance the purchase. Two days after purchasing the computer it fell off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the loan. Which is most likely the court of original jurisdiction?

Accepted Answer

A)  Youth Court 
B)  Criminal Court 
C)  Family Court 
D)  Small Claims Court 
E)  Provincial Supreme Court

Question 11

Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989), R.P.R. (2d) 189; affirmed, (1990), 14 R.P.R. (2d) 1; varied, (1993), 6 Alta. L.R. (3d) 337. Which of the following statements is correct?

Accepted Answer

A)  This case was first reported in the Regina Public Reports. 
B)  The cite tells us that the last court that heard and decided this case was in the province of Alberta. 
C)  The case was last reported in 1993. 
D)  The initial 1989 decision was overturned by the 1993 decision. 
E)  The decision of the first judge was upheld by another judge who decided the case in 1990.

Question 12

Which statement does not apply to arbitration of a contractual dispute?

Accepted Answer

A)  Arbitration clauses are contained in a contract. 
B)  Arbitration is mandated by provincial statute. 
C)  Agreements often specifically provide that the arbitration proceedings are confidential. 
D)  Arbitration is a quicker way of resolving disputes. 
E)  Arbitration decisions do not form part of the Common Law.

Question 13

You have won the electric shaver suit and the manufacturer has appealed. Which of the following statements is not true?

Accepted Answer

A)  You are the respondent. 
B)  The manufacturer is the appellant. 
C)  The manufacturer can bring its appeal on the basis that the judge made an error in interpreting or applying the law. 
D)  The manufacturer's witnesses will all give their evidence before any of your witnesses are called to give their evidence.

Exam 2: The Judicial System and Alternative Dispute Resolution

Antonella is suing Barbara for failing to pay her for goods she bought. It will be up to Antonella to prove her case based on the evidence provided.

Easy Money Credit Ltd. is owed $8,000 by Irina for a debt to buy a television and home theatre system. Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14-year-olds. Which is most likely the court of original jurisdiction?

At the discretion of the court, judges award costs that are frequently referred to as "costs on a party-and-party basis." These involve:

An electric shaver that you bought exploded and injured your hand. You are now suing the manufacturer. The first document which your lawyer will send to the manufacturer is

James had been dismissed from his employment after being caught stealing cash from the business during his shift. He decided to vindicate himself by bringing a long and costly lawsuit for unjust dismissal against his employer. The court will probably award costs on a party and party basis.

Each province has a Court of Appeal to review the convictions of accused persons by the following courts:

While simple actions can be undertaken by a paralegal in small claims court, the complexities of cases and senior courts require the services of a lawyer.

If you were a judge in a court system in Canada, which of the following would not be a role that you might be called upon to perform?

Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989) , R.P.R. (2d) 189; affirmed, (1990) , 14 R.P.R. (2d) 1; varied, (1993) , 6 Alta. L.R. (3d) 337. Which of the following statements is correct?

Which statement does not apply to arbitration of a contractual dispute?

You have won the electric shaver suit and the manufacturer has appealed. Which of the following statements is not true?