Question 1

Which of the following will contribute to the success of a negotiation?

Accepted Answer

A)  One party is more powerful than the other. 
B)  The parties rely on outsiders to put forward their cases. 
C)  All relevant information is brought forward by both sides. 
D)  One of the parties uses coercion to get an agreement. 
E)  One party dominates or controls discussions. 
A)  One party is more powerful than the other. 
B)  The parties rely on outsiders to put forward their cases. 
C)  All relevant information is brought forward by both sides. 
D)  One of the parties uses coercion to get an agreement. 
E)  One party dominates or controls discussions.

Question 2

Juries are limited to criminal matters.

Accepted Answer

A) True 
 B)False

Question 3

Distinguish between the role of the judge and that of the jury in a civil dispute.

Accepted Answer

The judge decides question of

Question 4

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

Accepted Answer

Lead the w

Question 5

In a criminal matter,the judge must be satisfied that the accused probably committed the crime.

Accepted Answer

A) True 
 B)False

Question 6

What is the jurisdiction of the highest court in Canada?

Accepted Answer

It has unlimited jur

Question 7

Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta).

Accepted Answer

The judgment debtor is examined under oa

Question 8

With regard to the process of a civil law suit in a superior court,which of the following is false?

Accepted Answer

A)  The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
B)  A defendant in a civil action might also be charged in a criminal action for the same act,e.g., a battery. 
C)  Court costs are an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. 
D)  Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
E)  If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial; he merely reads the admissions from the transcript of the examinations. 
A)  The plaintiff must prove his case on the balance of probabilities, whereas a prosecutor in a criminal action has to prove his case beyond a reasonable doubt. 
B)  A defendant in a civil action might also be charged in a criminal action for the same act,e.g., a battery. 
C)  Court costs are an amount of money equal to the legal fees and disbursements of the winning party, which the court always orders the losing party to pay to the winner. 
D)  Failure of the defendant to respond to the plaintiff's claims can result in judgment being taken against him without the court having heard his side of the argument. 
E)  If, in the examination for discovery, the defendant admits facts set out in the plaintiff's statement of claim, the plaintiff does not have to prove those facts at trial; he merely reads the admissions from the transcript of the examinations.

Question 9

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

Accepted Answer

That the person being affected

Question 10

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

Accepted Answer

An appearance is the document

Question 11

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

Accepted Answer

balance of

Question 12

Because the federal government has been given power over the courts,the court structure is the same in each province.

Accepted Answer

A) True 
 B)False

Question 13

Describe the types of remedies that can be requested by a plaintiff in a civil action.

Accepted Answer

The most common remedy requested is dama

Question 14

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. 
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 15

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

Accepted Answer

A)  A person affected by a decision must be notified that the decision is to be made. 
B)  A person must be given an opportunity to put her side forward. 
C)  A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend herself. 
D)  A person must be allowed to retain a lawyer. 
E)  The decision maker must be impartial. 
A)  A person affected by a decision must be notified that the decision is to be made. 
B)  A person must be given an opportunity to put her side forward. 
C)  A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend herself. 
D)  A person must be allowed to retain a lawyer. 
E)  The decision maker must be impartial.

Question 16

Summarize and compare litigation and other methods of dispute resolution.

Accepted Answer

Students should identify that,in additio

Question 17

Describe business relationships in which it would be advantageous to use alternative methods of dispute resolution.

Accepted Answer

International business dealings are more

Question 18

Distinguish between a question of fact and a question of law.

Accepted Answer

A question of fact relates to what happe

Question 19

Which of the following is not one of the requirements of natural justice?

Accepted Answer

A)  notice of the hearing 
B)  an opportunity to present your side 
C)  the rules of evidence be adhered to 
D)  the decision be made free from bias 
E)  the evidence be heard by the person making the decision 
A)  notice of the hearing 
B)  an opportunity to present your side 
C)  the rules of evidence be adhered to 
D)  the decision be made free from bias 
E)  the evidence be heard by the person making the decision

Question 20

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

Which of the following will contribute to the success of a negotiation?

Juries are limited to criminal matters.

Distinguish between the role of the judge and that of the jury in a civil dispute.

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

In a criminal matter,the judge must be satisfied that the accused probably committed the crime.

What is the jurisdiction of the highest court in Canada?

Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta).

With regard to the process of a civil law suit in a superior court,which of the following is false?

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

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

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

Because the federal government has been given power over the courts,the court structure is the same in each province.

Describe the types of remedies that can be requested by a plaintiff in a civil action.

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

Summarize and compare litigation and other methods of dispute resolution.

Describe business relationships in which it would be advantageous to use alternative methods of dispute resolution.

Distinguish between a question of fact and a question of law.

Which of the following is not one of the requirements of natural justice?

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.

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

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

Which of the following will contribute to the success of a negotiation?

Juries are limited to criminal matters.

Distinguish between the role of the judge and that of the jury in a civil dispute.

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

In a criminal matter,the judge must be satisfied that the accused probably committed the crime.

What is the jurisdiction of the highest court in Canada?

Explain what happens in an examination in aid of execution (examination in aid of enforcement in Alberta).

With regard to the process of a civil law suit in a superior court,which of the following is false?

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

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

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

Because the federal government has been given power over the courts,the court structure is the same in each province.

Describe the types of remedies that can be requested by a plaintiff in a civil action.

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

Summarize and compare litigation and other methods of dispute resolution.

Describe business relationships in which it would be advantageous to use alternative methods of dispute resolution.

Distinguish between a question of fact and a question of law.

Which of the following is not one of the requirements of natural justice?

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.

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters