Question 1

Describe the process involved when one person sues another in a civil action.

Accepted Answer

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Question 2

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

Accepted Answer

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Question 3

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

Accepted Answer

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 4

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

Accepted Answer

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 5

Explain the function and jurisdiction of the Federal Court.

Accepted Answer

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Question 6

The emphasis of mental health courts is punishment.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

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 8

What is meant by prohibition?

Accepted Answer

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Question 9

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

Accepted Answer

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 10

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

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Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

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 13

The administrative tribunal process is excluded from Charter supervision because of the "notwithstanding clause."

Accepted Answer

A) True 
 B)False

Question 14

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

Question 15

Indicate under what circumstances the public can be excluded from our courtrooms.

Accepted Answer

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Question 16

Which of the following statements regarding administrative law is true?

Accepted Answer

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 17

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

Accepted Answer

A) True 
 B)False

Question 18

What does successful mediation require?

Accepted Answer

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Question 19

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

Accepted Answer

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Question 20

What is the standard of proof used in a civil action?

Accepted Answer

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

Describe the process involved when one person sues another in a civil action.

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

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

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

Explain the function and jurisdiction of the Federal Court.

The emphasis of mental health courts is punishment.

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

What is meant by prohibition?

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

Explain what a lawyer can do on cross-examination that he can't do on direct examination.

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 use of a jury in your province?

The administrative tribunal process is excluded from Charter supervision because of the "notwithstanding clause."

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?

Indicate under what circumstances the public can be excluded from our courtrooms.

Which of the following statements regarding administrative law is true?

Serious disadvantages of alternate dispute resolution are that it is expensive and time consuming.

What does successful mediation require?

Explain under what circumstances a ban on the publication of court proceedings may be imposed.

What is the standard of proof used in a civil action?