Question 1

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 2

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

Accepted Answer

A) True 
 B)False

Question 3

Solicitor-client costs are those most commonly awarded.

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A) A negligence action,where the extent of damage is $1500,would most likely begin in the B.C.Provincial Court,small claims division. 
B) The lawyer arguing before the B.C.Supreme Court could cite a British case,but the judge is not bound to follow it. 
C) 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 a case with similar facts. 
D) There is no monetary limitation on the B.C.Supreme Court. 
E) The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies.

Question 5

Being charged with speeding is an example of a civil dispute.

Accepted Answer

A) True 
 B)False

Question 6

Discuss what constitutes a fair hearing.

Accepted Answer

The answer of Discuss what constitutes a fair hearing....

Question 7

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Accepted Answer

A) True 
 B)False

Question 8

Summarize and compare litigation and other methods of dispute resolution.

Accepted Answer

The answer of Summarize and compare litigation and other methods...

Question 9

When a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can only bring an action where that cause of action arose.

Accepted Answer

A) True 
 B)False

Question 10

The principles of fundamental justice include procedural fairness and natural justice rules.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) There is no maximum monetary limit on a matter before the superior trial court of a province. 
B) 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. 
C) Only the plaintiff could appeal a decision of a judge of the provincial court. 
D) 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. 
E) At the court of appeal level,judges are only bound by statute law.

Question 12

What is meant by a writ of certiorari?

Accepted Answer

The answer of What is meant by a writ of...

Question 13

(Modify this question for your province.)Explain what is meant by filing an appearance.

Accepted Answer

The answer of (Modify this question for your province.)Explain what...

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is an advantage of using ADR?

Accepted Answer

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

Question 16

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

Accepted Answer

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

Question 17

Sandamali had been running a business in a small municipality for a number of years.She wasn't always up to date 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?

Accepted Answer

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

Question 18

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

Accepted Answer

The answer of What impact do "without prejudice" statements made...

Question 19

Which of the following statements is correct?

Accepted Answer

A) The parties to a dispute lose control in negotiations. 
B) Privacy is maintained in a court adjudication. 
C) There is a great deal of flexibility in negotiation/mediation. 
D) Goodwill is most likely maintained in litigation. 
E) ADR agreements are enforceable or appealable.

Question 20

What is the major requirement for the rules of natural justice?

Accepted Answer

The answer of What is the major requirement for the...

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

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?

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

Solicitor-client costs are those most commonly awarded.

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

Being charged with speeding is an example of a civil dispute.

Discuss what constitutes a fair hearing.

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Summarize and compare litigation and other methods of dispute resolution.

When a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can only bring an action where that cause of action arose.

The principles of fundamental justice include procedural fairness and natural justice rules.

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

What is meant by a writ of certiorari?

(Modify this question for your province.)Explain what is meant by filing an appearance.

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

Which of the following is an advantage of using ADR?

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

What impact do "without prejudice" statements made during negotiations have if litigation proceeds?

Which of the following statements is correct?

What is the major requirement for the rules of natural justice?