Exam 1: The Canadian Legal System

Common law judges in Canada often look to decisions from other,similar judicial systems,including Great Britain,the United States,Australia,and New Zealand; these decisions are not binding,although they can be persuasive on Canadian courts.

A case in which one person sues another for breach of contract would be conducted in a criminal court.

What kind of legal rights are protected under the Charter?

In the procedure leading to trial of a civil matter,the step in which one party can be required to answer under oath questions that are put to him by the other party's lawyer is known as which of the following?

Distinguish between mediation and arbitration.

(Note: B.C.is used as an example here.)Fred sold Carole his old Macintosh computer and his printer in addition to eight programs for $2900.After she paid $1000,Carole quit paying.When she had no complaint about the computer,printer,or programs but simply wouldn't pay,Fred decided to sue.He would most likely begin his action in:

How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?

Who are the parties in a civil action?

Which of the following was not one of the factors that led to the creation of the law of equity?

Which of the following is correct with respect to the law of equity?

Which of the following is incorrect in relation to the trial and judgment?

A criminal matter is usually offensive conduct considered serious enough for the government to get involved and punish the wrongdoer.

The common law courts as developed by the king of England were used to impose the will of the sovereign on the people.

Judges in a common law system base their decisions on other judges' decisions.

Many characteristics associated with the use of the court process may be considered advantages or disadvantages when compared to alternate dispute resolution.Which of the following is a favourable characteristic one would associate with the litigation process?

"The term equity refers to fairness in our legal system." Discuss the accuracy of this statement.

A jury is not available in civil disputes.

Which of the following is incorrect with respect to the Charter and the Constitution?

Negotiation works only when both parties are willing to make concessions.

"A plaintiff must be very certain of some return before risking litigation." Discuss the wisdom of this statement as well as options that may increase the likelihood of collection after a judgment.