Question 1

Which of the following is generally used to resolve an international dispute?

Accepted Answer

A) mediation 
B) litigation 
C) settlement 
D) arbitration 
E) alternative dispute resolution 
A) mediation 
B) litigation 
C) settlement 
D) arbitration 
E) alternative dispute resolution

Question 2

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 3

Equitable remedies such as specific performance originated in the early common law courts.

Accepted Answer

A) True 
 B)False

Question 4

What are the key qualities a mediator ought to possess in order to have the respect and confidence of the parties?

Accepted Answer

The key qualities are impartiality,sensi

Question 5

The rule stare decisis

Accepted Answer

A) is a hard and fast rule that has qualifications attached to it that allow judges to depart from it. 
B) is merely a principle that applies in those countries where the law is codified. 
C) is not a hard and fast rule and is not always followed. 
D) is a hard and fast rule that is always followed. 
E) has no place in a system based on common law. 
A) is a hard and fast rule that has qualifications attached to it that allow judges to depart from it. 
B) is merely a principle that applies in those countries where the law is codified. 
C) is not a hard and fast rule and is not always followed. 
D) is a hard and fast rule that is always followed. 
E) has no place in a system based on common law.

Question 6

A statement of defence cannot be combined with a counterclaim.

Accepted Answer

A) True 
 B)False

Question 7

The contingency fee was developed in part to improve access to justice for poor litigants.

Accepted Answer

A) True 
 B)False

Question 8

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 9

When a party wins a legal action,the judge will usually award the successful party

Accepted Answer

A) legal aid. 
B) total costs of the litigation. 
C) solicitor-client costs. 
D) party and party costs. 
E) out-of-pocket expenses only. 
A) legal aid. 
B) total costs of the litigation. 
C) solicitor-client costs. 
D) party and party costs. 
E) out-of-pocket expenses only.

Question 10

When we talk about predictability being a major element of law,we mean that

Accepted Answer

A) although the law is predictable,the outcome of a given dispute between people is not. 
B) people should be more likely to be able to predict when they can circumvent a law. 
C) the law itself is not predictable,only the cases that are decided. 
D) by using common sense,the decision of any court can be determined in advance. 
E) people should be able to find out where they stand and how to act with reasonable certainty. 
A) although the law is predictable,the outcome of a given dispute between people is not. 
B) people should be more likely to be able to predict when they can circumvent a law. 
C) the law itself is not predictable,only the cases that are decided. 
D) by using common sense,the decision of any court can be determined in advance. 
E) people should be able to find out where they stand and how to act with reasonable certainty.

Question 11

After negotiation,alternative dispute resolution is the cheapest form of resolving disputes.

Accepted Answer

A) True 
 B)False

Question 12

Substantive law

Accepted Answer

A) means the civil law. 
B) comprises law that applies to rulings of judges. 
C) means the common law. 
D) comprises the rights and duties that each person has in society. 
E) comprises laws that are applied to issues or substantive matters that are identified by lawyers in court. 
A) means the civil law. 
B) comprises law that applies to rulings of judges. 
C) means the common law. 
D) comprises the rights and duties that each person has in society. 
E) comprises laws that are applied to issues or substantive matters that are identified by lawyers in court.

Question 13

An arbitration is presided over by a mediator whose decision is binding on the parties to the arbitration.

Accepted Answer

A) True 
 B)False

Question 14

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 15

Explain whether judges are required to follow the principle of stare decisis.

Accepted Answer

Although traditionally judges strictly f

Question 16

Which of the following is NOT one of the tiers of courts in Canada?

Accepted Answer

A) intermediate provincial appeal courts 
B) Supreme Court of Canada 
C) circuit courts 
D) court of first instance 
E) none of the above 
A) intermediate provincial appeal courts 
B) Supreme Court of Canada 
C) circuit courts 
D) court of first instance 
E) none of the above

Question 17

English common law is based on laws that are codified.

Accepted Answer

A) True 
 B)False

Question 18

In addition to the two basic categories of public and private law,law is divided further into two more categories,which are

Accepted Answer

A) criminal and contract law. 
B) domestic and international law. 
C) criminal and tort law. 
D) public and private law. 
E) substantive and procedural law. 
A) criminal and contract law. 
B) domestic and international law. 
C) criminal and tort law. 
D) public and private law. 
E) substantive and procedural law.

Question 19

Trial judges hear evidence and appeal judges review evidence.Explain.

Accepted Answer

A trial is the culmination of an action.

Question 20

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

Accepted Answer

A liberal approach involves consideratio

Exam 2: The Machinery of Justice

Which of the following is generally used to resolve an international dispute?

The two main sources of law are

Equitable remedies such as specific performance originated in the early common law courts.

What are the key qualities a mediator ought to possess in order to have the respect and confidence of the parties?

The rule stare decisis

A statement of defence cannot be combined with a counterclaim.

The contingency fee was developed in part to improve access to justice for poor litigants.

Standing to sue is recognized by a court when a litigant

When a party wins a legal action,the judge will usually award the successful party

When we talk about predictability being a major element of law,we mean that

After negotiation,alternative dispute resolution is the cheapest form of resolving disputes.

Substantive law

An arbitration is presided over by a mediator whose decision is binding on the parties to the arbitration.

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

Explain whether judges are required to follow the principle of stare decisis.

Which of the following is NOT one of the tiers of courts in Canada?

English common law is based on laws that are codified.

In addition to the two basic categories of public and private law,law is divided further into two more categories,which are

Trial judges hear evidence and appeal judges review evidence.Explain.

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

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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