Question 1

The federal government appoints all judges in Canada.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A question of fact relates to what happe

Question 3

The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings.

Accepted Answer

A) True 
 B)False

Question 4

Joe owned a house and wanted to make an addition that would double its size. He applied to the city hall for a building permit but was amazed at a new policy instituted by the engineering department, restricting the size of all buildings to 50% of the lot size. This was considerably less than what he wanted, and his request for a building permit was refused. Angry, he decided to proceed anyway. What should Joe do with respect to his legal position?

Accepted Answer

A)  If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made. 
B)  Even if Joe finds out that the city council is planing to take action against him, there is nothing he can do as he did fail to get a permit. 
C)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari. 
D)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus. 
E)  If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction. 
A)  If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made. 
B)  Even if Joe finds out that the city council is planing to take action against him, there is nothing he can do as he did fail to get a permit. 
C)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari. 
D)  Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus. 
E)  If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction.

Question 5

What impact do "without prejudice" statements made during negotiations have if litigation results?

Accepted Answer

Any legal concession, admissio

Question 6

What is the jurisdiction of the highest court in Canada?

Accepted Answer

They have unlimited jurisdicti

Question 7

Juries are no longer used in Canada.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true with regard to our court system?

Accepted Answer

A)  There is no maximum monetary limit on a matter before the superior trial court of the province. 
B)  At the court of appeal level, judges are only bound by statute law. 
C)  If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. 
D)  The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. 
E)  Only the plaintiff could appeal a decision of a judge of the provincial court. 
A)  There is no maximum monetary limit on a matter before the superior trial court of the province. 
B)  At the court of appeal level, judges are only bound by statute law. 
C)  If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. 
D)  The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. 
E)  Only the plaintiff could appeal a decision of a judge of the provincial court.

Question 9

Which of the following is true with respect to recent litigation reforms?

Accepted Answer

A)  The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta. 
B)  Mediation is compulsory in every common law province except for Ontario. 
C)  Small claims court procedures are becoming more complicated in all jurisdictions in order to dissuade parties from availing themselves of the court system. 
D)  Summary trials in Alberta and British Columbia require all evidence to be presented orally, to save the time associated with document preparation. 
E)  Several provinces have started mandatory case management, which involves judicial supervision of the litigation process. 
A)  The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta. 
B)  Mediation is compulsory in every common law province except for Ontario. 
C)  Small claims court procedures are becoming more complicated in all jurisdictions in order to dissuade parties from availing themselves of the court system. 
D)  Summary trials in Alberta and British Columbia require all evidence to be presented orally, to save the time associated with document preparation. 
E)  Several provinces have started mandatory case management, which involves judicial supervision of the litigation process.

Question 10

How is an action usually started?

Accepted Answer

In some jurisdictions, a writ

Question 11

People are generally more willing to comply with court decisions than mediated agreements.

Accepted Answer

A) True 
 B)False

Question 12

A jury is only available in civil disputes.

Accepted Answer

A) True 
 B)False

Question 13

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Accepted Answer

A) True 
 B)False

Question 14

Contrast the position of the victim in a criminal and a civil trial.

Accepted Answer

In a civil trial, the victim i

Question 15

Explain the effect of a limitation period set out in legislation.

Accepted Answer

This sets a time limit, from t

Question 16

Indicate the jurisdiction of the Small Claims Court in your area.

Accepted Answer

This will vary from province t

Question 17

The emphasis of drug treatment courts is incarceration.

Accepted Answer

A) True 
 B)False

Question 18

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

Accepted Answer

A)  A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
B)  The person who begins a civil action is usually called the "prosecutor." 
C)  The prosecutor must prove his case based "upon a balance of probabilities". 
D)  If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. 
E)  In a criminal case, an individual person is taking the action against the accused. 
A)  A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered. 
B)  The person who begins a civil action is usually called the "prosecutor." 
C)  The prosecutor must prove his case based "upon a balance of probabilities". 
D)  If a person is convicted of a criminal offence, he cannot also be sued in a civil action by the victim. 
E)  In a criminal case, an individual person is taking the action against the accused.

Question 19

What is a counterclaim?

Accepted Answer

If the defence feels that they not only

Question 20

Who brings a civil action?

Accepted Answer

The answer of Who brings a civil action?...

The federal government appoints all judges in Canada.

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

The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings.

What impact do "without prejudice" statements made during negotiations have if litigation results?

What is the jurisdiction of the highest court in Canada?

Juries are no longer used in Canada.

Which of the following is true with regard to our court system?

Which of the following is true with respect to recent litigation reforms?

How is an action usually started?

People are generally more willing to comply with court decisions than mediated agreements.

A jury is only available in civil disputes.

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Contrast the position of the victim in a criminal and a civil trial.

Explain the effect of a limitation period set out in legislation.

Indicate the jurisdiction of the Small Claims Court in your area.

The emphasis of drug treatment courts is incarceration.

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

What is a counterclaim?

Who brings a civil action?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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 Disputes the Courts and Alternatives to Litigation

The federal government appoints all judges in Canada.

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

The decision of a decision maker may be challenged on the basis of a legal error made on the record of the proceedings.

What impact do "without prejudice" statements made during negotiations have if litigation results?

What is the jurisdiction of the highest court in Canada?

Juries are no longer used in Canada.

Which of the following is true with regard to our court system?

Which of the following is true with respect to recent litigation reforms?

How is an action usually started?

People are generally more willing to comply with court decisions than mediated agreements.

A jury is only available in civil disputes.

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Contrast the position of the victim in a criminal and a civil trial.

Explain the effect of a limitation period set out in legislation.

Indicate the jurisdiction of the Small Claims Court in your area.

The emphasis of drug treatment courts is incarceration.

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

What is a counterclaim?

Who brings a civil action?

Managing Your Legal Affairs

Introduction to the Legal System

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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