Question 1

The fact that similar cases are treated alike

Accepted Answer

A) increases the number of disputes that go to court. 
B) reduces the number of disputes that go to court by allowing parties to anticipate the results based on prior outcomes. 
C) does not help parties in a dispute to anticipate how a case will turn out based on prior outcomes. 
D) does nothing to reduce the number of disputes that end up in the courts. 
E) none of the above 
A) increases the number of disputes that go to court. 
B) reduces the number of disputes that go to court by allowing parties to anticipate the results based on prior outcomes. 
C) does not help parties in a dispute to anticipate how a case will turn out based on prior outcomes. 
D) does nothing to reduce the number of disputes that end up in the courts. 
E) none of the above

Question 2

Standing to sue is recognized by a court when a litigant

Accepted Answer

A) pays money into court to the credit of the action he or she has brought. 
B) enters an appearance by filing a notice of intention to contest an action. 
C) files an affidavit containing hearsay evidence. 
D) fails to defend an action. 
E) has a direct interest in a matter and/or whose rights are specifically affected by another. 
A) pays money into court to the credit of the action he or she has brought. 
B) enters an appearance by filing a notice of intention to contest an action. 
C) files an affidavit containing hearsay evidence. 
D) fails to defend an action. 
E) has a direct interest in a matter and/or whose rights are specifically affected by another.

Question 3

Explain how a trial judge might avoid the rule of stare decisis,or precedent,to ensure that justice was done in a particular case that came before her or him so as to change the law.

Accepted Answer

Although the trial judge in such a case

Question 4

Law created by administrative agencies that are authorized by statute to make laws for certain purposes is called

Accepted Answer

A) subordinate legislation. 
B) common law. 
C) law merchant. 
D) administrative law. 
E) domestic law. 
A) subordinate legislation. 
B) common law. 
C) law merchant. 
D) administrative law. 
E) domestic law.

Question 5

Distinguish between mediation and arbitration.

Accepted Answer

A mediation is presided over by a mediat

Question 6

What is an examination for discovery?

Accepted Answer

When an action is commenced,each party t

Question 7

When it comes to interpreting statutes,a precedent is formed when courts

Accepted Answer

A) decide on the meaning of the language of the statute. 
B) decide what the language of the statute means;whether it applies to the facts of a case;and,if it does,its consequences. 
C) determine whether the statute applies to the facts of a case. 
D) decide on the consequences of the statute when applied to a particular case. 
E) use and apply an existing case to the case being dealt with. 
A) decide on the meaning of the language of the statute. 
B) decide what the language of the statute means;whether it applies to the facts of a case;and,if it does,its consequences. 
C) determine whether the statute applies to the facts of a case. 
D) decide on the consequences of the statute when applied to a particular case. 
E) use and apply an existing case to the case being dealt with.

Question 8

The two main sources of law are

Accepted Answer

A) common law and canon law. 
B) subordinate legislation and judge-made law. 
C) judge-made law and statute law. 
D) judge-made law and canon law. 
E) judge-made law and equity. 
A) common law and canon law. 
B) subordinate legislation and judge-made law. 
C) judge-made law and statute law. 
D) judge-made law and canon law. 
E) judge-made law and equity.

Question 9

Administrative agencies derive their authority from regulations passed under statutes.

Accepted Answer

A) True 
 B)False

Question 10

Mary owes Jack $15 000 in unpaid bills.Mary and Jack enter into an agreement.Jack is required to pay Mary $20 000 for the delivery of certain products.Jack is unable to pay and Mary sues Jack.Under the circumstances,Jack may also

Accepted Answer

A) file a statement of questions. 
B) counterclaim for $15 000. 
C) reserve judgment. 
D) provide admissible evidence. 
E) request an examination for discovery. 
A) file a statement of questions. 
B) counterclaim for $15 000. 
C) reserve judgment. 
D) provide admissible evidence. 
E) request an examination for discovery.

Question 11

English common law is based on laws that are codified.

Accepted Answer

A) True 
 B)False

Question 12

Critics of class actions say that the legislation encourages frivolous lawsuits that are expensive to defend.Explain the benefits of class actions.

Accepted Answer

A class action allows one individual to

Question 13

The form of law that was adopted by the whole of continental Europe was one in which

Accepted Answer

A) the law was not codified. 
B) the law was both codified and based on previous cases. 
C) the law was based on decisions of previous cases. 
D) the law was codified. 
E) the law was partly,but not fully,codified. 
A) the law was not codified. 
B) the law was both codified and based on previous cases. 
C) the law was based on decisions of previous cases. 
D) the law was codified. 
E) the law was partly,but not fully,codified.

Question 14

Explain what is meant by the liberal approach taken by judges in interpreting statutes.

Accepted Answer

A liberal approach involves consideratio

Question 15

Equity is currently separate from the common law.

Accepted Answer

A) True 
 B)False

Question 16

How is an appeal different from a trial?

Accepted Answer

A trial is the culmination of an action.

Question 17

Which of the following is NOT/are NOT a Federal Court of Canada?

Accepted Answer

A) Federal Court of Canada 
B) Federal Family Court 
C) Supreme Court of Canada 
D) Tax Court 
E) all of the above 
A) Federal Court of Canada 
B) Federal Family Court 
C) Supreme Court of Canada 
D) Tax Court 
E) all of the above

Question 18

When we say that in order to institute a lawsuit,a person must first have standing,we mean that

Accepted Answer

A) the person bringing the lawsuit must establish that he or she has the right to bring the lawsuit. 
B) the person bringing the lawsuit might be someone who has been wronged. 
C) the person defending the lawsuit must establish that he or she has a good defence to it. 
D) must be able to stand her or his ground during it. 
E) the person bringing the lawsuit must explain to the court what his or her lawsuit is about. 
A) the person bringing the lawsuit must establish that he or she has the right to bring the lawsuit. 
B) the person bringing the lawsuit might be someone who has been wronged. 
C) the person defending the lawsuit must establish that he or she has a good defence to it. 
D) must be able to stand her or his ground during it. 
E) the person bringing the lawsuit must explain to the court what his or her lawsuit is about.

Question 19

In our legal system,the decision of a court of first instance

Accepted Answer

A) can only be overruled by the Supreme Court of Canada. 
B) can only be overruled by a similar court of first instance. 
C) can only be overruled by a similar court of first instance and an appeal court. 
D) can only be overruled by either an appeal court or the Supreme Court of Canada. 
E) can only be overruled by an appeal court. 
A) can only be overruled by the Supreme Court of Canada. 
B) can only be overruled by a similar court of first instance. 
C) can only be overruled by a similar court of first instance and an appeal court. 
D) can only be overruled by either an appeal court or the Supreme Court of Canada. 
E) can only be overruled by an appeal court.

Question 20

Explain why it is important that the Supreme Court of Canada not be bound by its own decisions.

Accepted Answer

The Supreme Court of Canada is the highe

Exam 2: The Machinery of Justice

The fact that similar cases are treated alike

Standing to sue is recognized by a court when a litigant

Explain how a trial judge might avoid the rule of stare decisis,or precedent,to ensure that justice was done in a particular case that came before her or him so as to change the law.

Law created by administrative agencies that are authorized by statute to make laws for certain purposes is called

Distinguish between mediation and arbitration.

What is an examination for discovery?

When it comes to interpreting statutes,a precedent is formed when courts

The two main sources of law are

Administrative agencies derive their authority from regulations passed under statutes.

Mary owes Jack $15 000 in unpaid bills.Mary and Jack enter into an agreement.Jack is required to pay Mary $20 000 for the delivery of certain products.Jack is unable to pay and Mary sues Jack.Under the circumstances,Jack may also

English common law is based on laws that are codified.

Critics of class actions say that the legislation encourages frivolous lawsuits that are expensive to defend.Explain the benefits of class actions.

The form of law that was adopted by the whole of continental Europe was one in which

Explain what is meant by the liberal approach taken by judges in interpreting statutes.

Equity is currently separate from the common law.

How is an appeal different from a trial?

Which of the following is NOT/are NOT a Federal Court of Canada?

When we say that in order to institute a lawsuit,a person must first have standing,we mean that

In our legal system,the decision of a court of first instance

Explain why it is important that the Supreme Court of Canada not be bound by its own decisions.

Law, society, and Business

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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