Question 1

Which of the following statements is TRUE with respect to pleadings?

Accepted Answer

A)  The party that creates a counterclaim is usually also the same party that creates the statement of claim.
B)  Each pleading must be filed with the opposing party and served on the court.
C)  A demand for particulars is always created by a plaintiff.
D)  The party that files and serves a reply is usually the same party that files and served the statement of claim.
E)  The purpose of a counterclaim is to counter,or contradict,a statement of claim by alleging facts that have the effect of denying liability. D

Question 2

Kabesa Inc sued Mahuja Ltd.The court held completely in favour of the defendant and the claim of Kahesa was dismissed in its entirety.The court probably also ordered Kabesa Inc to pay Mahuja Ltd's costs.

Accepted Answer

A) True 
 B)False  True

Question 3

As a result of recent events,Marshall requires legal representation.Because he has limited knowledge of the law,he has ruled out the possibility of self-representation.He realizes that he therefore must hire someone to act on his behalf.In choosing between hiring a lawyer and hiring a paralegal,what factors should he take into consideration?

Accepted Answer

There is no bright line rule,for determining whether legal representation should come in the form of a lawyer or a paralegal.The decision depends upon the circumstances and these factors in particular.
Cost As a general rule,paralegals charge fees that are considerably less than lawyers,even when providing the same service.Consequently,if,for instance,Marshall requires someone to process a simple land transfer,he might consider hiring a paralegal.
Expertise Because paralegals tend to be confined to certain tasks,they naturally have no expertise in some areas of law.Often,however,lawyers and paralegals deal with precisely the same types of files.And in those areas,paralegals frequently have similar expertise and experience as some lawyers.
Accessibility Accessibility in this case will depend upon the nature of Marshall's needs.Some types of cases (eg murder trials)are handled only by lawyers.Other types of cases (eg house transfers)are handled by lawyers and paralegals.
Training Although most paralegals are well-trained and thoroughly-experienced,they are not,in contrast to lawyers,subject to the same mandatory educational requirements in every jurisdiction.(There is,however,a growing movement by Law Societies to impose standardized educational requirements on paralegals. )
Regulated Profession Lawyers are members of a regulated profession.Paralegals can only practice law to the extent that the legislature in a province or territory has permitted them to practice law;and they must confine their practice to those areas of law and procedures which they are allowed to practise and perform.
Mandatory Codes of Conduct Although every practising lawyer is subject to their law society's code of conduct,paralegals are not currently subject to any parallel regime although a paralegal may lose certification as a paralegal for unprofessional conduct or incompetence.
Privilege Whether he spoke with a lawyer or a paralegal,Marshall's conversations would be confidential.Consequently,neither a lawyer or a paralegal would generally be entitled to disclose the content of those communications to some third party.In contrast,communications with a lawyer would be privileged,but those with a paralegal would not be privileged.A privilege would ensure that,unless Marshall agreed,his lawyer could not be judicially compelled to disclose the content of those communications in court,nor could the lawyer ever disclose the contents of those communications in any manner,including after the death of the client.

Question 4

Briefly explain the rules that determine the circumstances under which the following types of parties can sue or be sued: (i)children,(ii)adults suffering from a mental incapacity,(iii)corporations,and (iv)unincorporated associations.

Accepted Answer

The answer of Briefly explain the rules that determine the...

Question 5

Marisa successfully sued Ivan,a stockbroker who works for Blue Sky Investments,for breach of contract.The court held that Ivan's breach caused Marisa to suffer a financial loss of $50 000.The court also held that Ivan is personally liable to pay that amount to Marisa.Which of the following statements is TRUE?

Accepted Answer

A)  Because Ivan acted wrongfully,the damages are properly classified as punitive damages.
B)  An award of damages for breach of contract is the same as an order for specific performance.
C)  Once judgment has been decided in her favour,Marisa became a judgment debtor.
D)  If necessary,Marisa is entitled to have all of Ivan's assets seized and sold in order to pay for the judgment.
E)  Marisa may garnish the non-exempt portion of Ivan's income if he does not otherwise pay his debt.

Question 6

Herbert & Hart Inc,an accounting firm,was legally represented in a recent dispute by Alan Munt,who is a lawyer.Herbert & Hart have now learned that Munt professionally misconducted himself by passing confidential information to the other side in the dispute.Herbert & Hart consequently lost approximately $12 million.Which of the following statements is TRUE?

Accepted Answer

A)  Munt probably does not have liability insurance that will help to pay for his liabilities.
B)  Munt may be investigated by the law society only if he is an articling student.
C)  Munt may be sued,but his behaviour cannot be investigated by the law society.
D)  Herbert & Hart very likely violated the law society's code of conduct.
E)  If Herbert & Hart sue Munt they will likely recover their loss if Munt has sufficient insurance coverage,or personal assets in excess of his insurance coverage sufficient to pay for the loss.

Question 7

Kirndeep Khan wants to sue her employer for sexual harassment.She has therefore hired Rory McAngus to represent her.Which of the following statements is TRUE?

Accepted Answer

A)  If Kirndeep loses her case against her employer because of Rory's negligence,and if Rory is bankrupt,Kirndeep will likely still receive compensation if Rory had insurance that had adequate policy limits to cover Kirndeep's losses.
B)  If Rory is a lawyer,then Kirndeep's conversations with him will be privileged,meaning that Rory cannot reveal what Kirndeep said to him unless a judge orders him to do so.
C)  Rory is probably the employer's in-house counsel.
D)  If Kirndeep hired Rory on a contingency fee basis,and if she wins her case,then the judge will increase the measure of damages to ensure that Kirndeep receives full compensation even after Rory has received payment of his fee.
E)  Whether he is a lawyer or a paralegal,Rory cannot act for Kirndeep unless he has completed a period of articles.

Question 8

Longhorn Inc has served a statement of claim on Trojan Ltd for breach of contract.Given the current trends in Canadian litigation,there is approximately a one in four chance that the case will eventually be resolved by a judge at a trial.

Accepted Answer

A) True 
 B)False

Question 9

Heidi is drafting a contract with Sheldon to export her Canadian-made goods to the UK.Sheldon and Heidi have been having disagreements over the price Sheldon will pay.Heidi is convinced that even if an agreement is made,Sheldon won't pay the agreed amount.In order to mitigate her risk,Heidi should

Accepted Answer

A)  hope that Sheldon doesn't pay so she can sue him in court.
B)  continue negotiating until a deal is made,no matter how long it takes.
C)  immediately scrap the contract.
D)  try to negotiate a fair price,but include an arbitration clause in order to cheaply resolve any issues that arise.
E)  allow Sheldon to bring in his lawyer as a mediator.

Question 10

Lin believes that the new soft drink,Kaff Kola,has stolen her patented method for carbonating pop.She decides to sue.Which of the following is true about her lawsuit?

Accepted Answer

A)  She can't sue because of the traditional rule that "the King can do no wrong."
B)  She can sue because,although not a legal person,a corporation is liable for their products.
C)  She can sue because she is a mentally competent adult and the corporation is a legal person.
D)  She can't sue because Kaff Kola would be considered a club,which is an unincorporated entity.
E)  She can sue,but only in a class-action lawsuit.

Question 11

Class actions have become more common in Canada in recent years.This increase in popularity can be explained,at least in part,by the fact that

Accepted Answer

A)  lawyers are able to aggregate many small claims of similar factual circumstances and undertake the aggregated class claims on an economical contingency fee basis as the single claims,because they are so small would be uneconomic to litigate separately on a contingency fee basis.
B)  the rules governing class actions are now contained in statutes in every province.
C)  lawyers conducting class actions must work on a contingency fee basis,with the result that their clients are liable for their expenses only if the case is won.
D)  the Supreme Court of Canada recently said that,in contrast to the past,class actions can now be certified even if success for one claimant does not necessarily mean that all of the other claimants will also enjoy success.
E)  liability in a class action can never be appealed.

Question 12

Geetha has been diagnosed with skin cancer.Based on her physician's diagnosis,she believes that her condition was caused by SofSkin,a lotion that she used for many years.She wants to sue the manufacturer of SofSkin,but she realizes that a lawsuit would require a great deal of complicated evidence,and therefore would likely be long and expensive.Which of the following statements regarding class actions is TRUE in this situation?

Accepted Answer

A)  Even if a court allowed a class action to proceed,it would be possible for other people in the same situation as Geetha to sue by themselves.
B)  By participating in a class action,Geetha almost certainly would be able to avoid any expense if the claim failed.
C)  A court would not allow a class action to proceed unless Geetha was joined by a substantial number of other people with virtually identical claims against the manufacturer of SofSkin.
D)  Regardless of which province or territory the class action occurred in,it would be governed by statute.
E)  A class action is possible only if Geetha's lawyer works for a contingency fee.

Question 13

Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence.At one point during the litigation process,an examination-in-chief occurred.This means that

Accepted Answer

A)  one of the parties asked the other party's witness a question during an examination for discovery.
B)  the other side asked the opponent's witness questions under oath.
C)  one of the parties hired an expert witness to conduct a scientific investigation on a piece of physical evidence.
D)  the examination in chief occurred while the case was on Appeal.
E)  questions were answered under oath at a trial by one party of its own witnesses.

Question 14

Justice Veritas is hearing a case in court.Which of the following statements is TRUE?

Accepted Answer

A)  If the case involves a civil matter,rather than a criminal matter,the only party entitled to conduct a cross-examination is the plaintiff.
B)  If the case involves a criminal matter,rather than a civil matter,the prosecutor must prove the elements of the offence on a balance of possibilities.
C)  Justice Veritas will allow an expert witness,but not an ordinary witness,to present hearsay evidence.
D)  If the case involves a minor crime,Justice Veritas will require proof on a balance of probabilities.
E)  The rules regarding hearsay apply to both oral testimony and written evidence.However,there are exceptions which permit or facilitate the introduction of hearsay evidence orally,and the introduction of certain written documents.

Question 15

Natasha is unhappy after the employment equity tribunal determined that she was paid differently than Roman because of ability rather than gender.You agree,feeling that the tribunal made the wrong decision.You tell Natasha that

Accepted Answer

A)  she should appeal to the Supreme Court of Canada.
B)  the only way the decision can be reversed is if a judicial review says the tribunal's decision was invalid.
C)  she's fine as long as a privative clause allows an appeal.
D)  tribunals with privative clauses are usually ultra vires of the Constitution,so they never apply.
E)  a judicial review only considers whether a decision is correct and doesn't consider how reasonable it is.

Question 16

Scalia Inc sued Ginsberg Ltd.in tort.Scalia claimed that it was entitled to receive $15 000 in compensation.Ginsberg denied liability,but in an attempt to resolve the issue quickly and quietly,formally offered to settle the claim for $9000.Scalia rejected the offer and took the case to trial in the federal court.The trial judge has now decided the case in favour of Scalia,but damages were limited to $8000.In the circumstances,the trial judge must award party-and-party costs against Ginsberg for the period up to the day when the settlement offer was made,and double party-and-party costs against Ginsburg for the period between that day and the end of the trial.

Accepted Answer

A) True 
 B)False

Question 17

Examinations for discovery

Accepted Answer

A)  take place before the plaintiff drafts a statement of claim.
B)  take place after a jury has decided a case.
C)  are designed primarily to determine the defendant's financial situation,and therefore to help the plaintiff decide whether or not it makes sense to sue.
D)  are conducted under oath or affirmation,and are used to discover the evidence of the other side to prevent surprise at trial and to encourage settlement by all parties having access to information about the strength and weakness of the case for each side.
E)  usually discourage settlement by demonstrating the weaknesses of each party's arguments.

Question 18

The front window of Polly's Flower Shop was recently broken when someone threw a rock through it.Which of the following statements is TRUE?

Accepted Answer

A)  If the person who threw the rock is 13 years old,there will not be a lawsuit because children under the age of majority cannot be sued.
B)  If the person who threw the rock is insane,Polly's Flowers will not be able to sue unless it receives permission from the Public Trustee.
C)  If the person who threw the rock is a European who is visiting Canada for less than a year,the case will have to be heard in the International Court of Justice.
D)  Because a lawsuit can be brought only by a human,the plaintiff named in the statement of claim cannot be the corporation that owns Polly's Flower Shop.
E)  The person who threw the rock may be sued even if that person worked for the government and threw the rock while that person was on duty as a government employee.

Question 19

Fuller Inc.has sued Perdue Corp.Which of the following statements is TRUE?

Accepted Answer

A)  If Perdue counterclaims,Fuller will use a reply in order to deny Perdue's allegations.
B)  All of the parties' pleadings must be stamped and filed at the registry of the court.
C)  The judge may draft a demand for particulars in order to receive more information regarding Fuller Inc.'s claim.
D)  If the case goes to court,it will likely be heard by a jury.
E)  A counterclaim usually is used if the plaintiff wants to change the details in a statement of claim.

Question 20

Jinyan has been involved in a law suit for several years.She recently sought "leave" from the Supreme Court of Canada.This means that

Accepted Answer

A)  she wants the Supreme Court of Canada to grant her leave to hear her appeal at the Supreme Court of Canada.
B)  she wants the court to release her from jail.
C)  she wants the Supreme Court of Canada to hear a trial of her case with live witnesses.
D)  she wants the Supreme Court of Canada to appoint a new lawyer to work for her.
E)  she wants the Supreme Court of Canada to come to her province where she lives and to have a full new trial in front of the Supreme Court of Canada in her home province.

Exam 2: Litigation and Alternative Dispute Resolution

Which of the following statements is TRUE with respect to pleadings?

Kabesa Inc sued Mahuja Ltd.The court held completely in favour of the defendant and the claim of Kahesa was dismissed in its entirety.The court probably also ordered Kabesa Inc to pay Mahuja Ltd's costs.

Briefly explain the rules that determine the circumstances under which the following types of parties can sue or be sued: (i)children,(ii)adults suffering from a mental incapacity,(iii)corporations,and (iv)unincorporated associations.

Kirndeep Khan wants to sue her employer for sexual harassment.She has therefore hired Rory McAngus to represent her.Which of the following statements is TRUE?

Longhorn Inc has served a statement of claim on Trojan Ltd for breach of contract.Given the current trends in Canadian litigation,there is approximately a one in four chance that the case will eventually be resolved by a judge at a trial.

Heidi is drafting a contract with Sheldon to export her Canadian-made goods to the UK.Sheldon and Heidi have been having disagreements over the price Sheldon will pay.Heidi is convinced that even if an agreement is made,Sheldon won't pay the agreed amount.In order to mitigate her risk,Heidi should

Lin believes that the new soft drink,Kaff Kola,has stolen her patented method for carbonating pop.She decides to sue.Which of the following is true about her lawsuit?

Class actions have become more common in Canada in recent years.This increase in popularity can be explained,at least in part,by the fact that

Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence.At one point during the litigation process,an examination-in-chief occurred.This means that

Justice Veritas is hearing a case in court.Which of the following statements is TRUE?

Natasha is unhappy after the employment equity tribunal determined that she was paid differently than Roman because of ability rather than gender.You agree,feeling that the tribunal made the wrong decision.You tell Natasha that

Examinations for discovery

The front window of Polly's Flower Shop was recently broken when someone threw a rock through it.Which of the following statements is TRUE?

Fuller Inc.has sued Perdue Corp.Which of the following statements is TRUE?

Jinyan has been involved in a law suit for several years.She recently sought "leave" from the Supreme Court of Canada.This means that