Question 1

One of the main advantages of alternative dispute resolution over courts is the fact that cases are resolved more promptly.

Accepted Answer

A) True 
 B)False

Question 2

A valid argument as to why the rule stare decisis should not be an absolute rule is that

Accepted Answer

A) no two sets of facts are identical in every respect. 
B) fairness in law often requires that judges exercise some flexibility in their approaches to some cases. 
C) precedents only bind the same set of circumstances. 
D) judges are only bound to follow decisions of higher courts. 
E) all of the above 
A) no two sets of facts are identical in every respect. 
B) fairness in law often requires that judges exercise some flexibility in their approaches to some cases. 
C) precedents only bind the same set of circumstances. 
D) judges are only bound to follow decisions of higher courts. 
E) all of the above

Question 3

What is an examination for discovery?

Accepted Answer

When an action is commenced,each party t

Question 4

In class action proceedings

Accepted Answer

A) legal aid is available to injured plaintiffs. 
B) the court appoints a lawyer to help injured parties. 
C) a court usually awards punitive damages against negligent manufacturers. 
D) separate claims are consolidated for trial. 
E) a plaintiff applies to court to represent a class of plaintiffs with similar claims. 
A) legal aid is available to injured plaintiffs. 
B) the court appoints a lawyer to help injured parties. 
C) a court usually awards punitive damages against negligent manufacturers. 
D) separate claims are consolidated for trial. 
E) a plaintiff applies to court to represent a class of plaintiffs with similar claims.

Question 5

Most legal cases do not go to trial because the plaintiffs simply abandon their rights.

Accepted Answer

A) True 
 B)False

Question 6

Explain the legal system commonly referred to as civil law.

Accepted Answer

This system of law is one that was deriv

Question 7

What is res judicata?

Accepted Answer

The term res judicata means that a matte

Question 8

Jack decides to sue Mary and consults a lawyer.Because Jack had very little money,the lawyer agrees that his fees will take the form of a percentage of the damages Jake collects if he wins.The lawyer's fee arrangement is a

Accepted Answer

A) contingent fee arrangement. 
B) flat fee arrangement. 
C) solicitor-client fee arrangement. 
D) sliding scale fee arrangement. 
E) party and party costs. 
A) contingent fee arrangement. 
B) flat fee arrangement. 
C) solicitor-client fee arrangement. 
D) sliding scale fee arrangement. 
E) party and party costs.

Question 9

The provincial court system has been established to deal with most matters of private and public law.Trial courts often deal with matters at first instance.The busiest of these civil courts as far as number of cases is

Accepted Answer

A) Superior Court. 
B) Provincial Court (Civil Division). 
C) Supreme Court. 
D) Small Claims Court. 
E) Surrogate Court (Probate Court). 
A) Superior Court. 
B) Provincial Court (Civil Division). 
C) Supreme Court. 
D) Small Claims Court. 
E) Surrogate Court (Probate Court).

Question 10

The great majority of civil lawsuits do not proceed to trial because the parties ultimately settle.

Accepted Answer

A) True 
 B)False

Question 11

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 12

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 13

Before a person can commence a suit,he or she must have standing to sue.

Accepted Answer

A) True 
 B)False

Question 14

Substantive law deals with the rights and duties of each person in society,and procedural law deals with the machinery to enforce those rights.

Accepted Answer

A) True 
 B)False

Question 15

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 16

The privilege between a doctor and his or her patient is recognized by law in the same way as solicitor-client privilege.

Accepted Answer

A) True 
 B)False

Question 17

When considering whether or not it is worthwhile to commence an action or lawsuit,a prudent business manager must consider

Accepted Answer

A) the staggering costs of the litigation,even if winning appears to be a certainty. 
B) that even if winning appears to be a certainty,it may be impossible to collect any money from the defendant. 
C) that there is always a risk of losing and having to pay the legal costs of the other party. 
D) that even if winning appears to be a certainty,the litigation may take up a huge amount of the business manager's time,which would be better spent concentrating on the business. 
E) all of the above 
A) the staggering costs of the litigation,even if winning appears to be a certainty. 
B) that even if winning appears to be a certainty,it may be impossible to collect any money from the defendant. 
C) that there is always a risk of losing and having to pay the legal costs of the other party. 
D) that even if winning appears to be a certainty,the litigation may take up a huge amount of the business manager's time,which would be better spent concentrating on the business. 
E) all of the above

Question 18

The only court in Canada that is not bound by its own decisions is the Supreme Court of Canada.

Accepted Answer

A) True 
 B)False

Question 19

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 20

Mary works at a bread-making factory.All the women workers at the plant are paid lower wages than their male counterparts for the same work.The women workers decide to sue.They decide that Mary should represent all of them in a lawsuit.This kind of lawsuit is known as

Accepted Answer

A) a class action. 
B) a labour dispute. 
C) res judicata action. 
D) a plaintiff claim. 
E) a representative action. 
A) a class action. 
B) a labour dispute. 
C) res judicata action. 
D) a plaintiff claim. 
E) a representative action.

Exam 2: The Machinery of Justice

One of the main advantages of alternative dispute resolution over courts is the fact that cases are resolved more promptly.

A valid argument as to why the rule stare decisis should not be an absolute rule is that

What is an examination for discovery?

In class action proceedings

Most legal cases do not go to trial because the plaintiffs simply abandon their rights.

Explain the legal system commonly referred to as civil law.

What is res judicata?

Jack decides to sue Mary and consults a lawyer.Because Jack had very little money,the lawyer agrees that his fees will take the form of a percentage of the damages Jake collects if he wins.The lawyer's fee arrangement is a

The provincial court system has been established to deal with most matters of private and public law.Trial courts often deal with matters at first instance.The busiest of these civil courts as far as number of cases is

The great majority of civil lawsuits do not proceed to trial because the parties ultimately settle.

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

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

Before a person can commence a suit,he or she must have standing to sue.

Substantive law deals with the rights and duties of each person in society,and procedural law deals with the machinery to enforce those rights.

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

The privilege between a doctor and his or her patient is recognized by law in the same way as solicitor-client privilege.

When considering whether or not it is worthwhile to commence an action or lawsuit,a prudent business manager must consider

The only court in Canada that is not bound by its own decisions is the Supreme Court of Canada.

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

Mary works at a bread-making factory.All the women workers at the plant are paid lower wages than their male counterparts for the same work.The women workers decide to sue.They decide that Mary should represent all of them in a lawsuit.This kind of lawsuit is known as

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

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