Question 1

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Accepted Answer

A) True 
 B)False

Question 2

Mandamus involves the decision of the decision maker being quashed or of no effect.

Accepted Answer

A) True 
 B)False

Question 3

When a court has to decide in a battery assault action whether Joe really did hit James,this is a question of law.

Accepted Answer

A) True 
 B)False

Question 4

Sam operated a restaurant and George,a health inspector,visited the premises.Finding that one of the waiters had AIDS,George ordered the restaurant closed,using a section of the regulations allowing such closures to prevent the spread of contagious diseases.Sam was very unhappy about the loss of business but didn't want to fire his waiter.He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS,even though AIDS had been specifically included in the regulations.Which of the following is incorrect with respect to Sam's legal position?

Accepted Answer

A)  Sam can reopen the restaurant.
B)  Sam can bring a court action for certiorari to have the decision of the health inspector quashed.
C)  If there is a privative clause in the statute making the decision of the health inspector final,there is nothing Sam can do.
D)  Sam can ask for an order of prohibition to prevent any similar action in the future.
E)  Sam can challenge the action even though the closure was authorized in the regulations.F) D) and E)
G) A) and E)

Question 5

In the Ontario Court of Appeal decision in Joseph v.Paramount Canada's Wonderland,the Court held that

Accepted Answer

A)  if a claim was filed after the expiration of the limitation period,and the special circumstances doctrine no longer applied,the action would be prohibited.
B)  there is no limitation period to civil cases.
C)  when a person sues for negligence,there must also be a breach of contract or the action will fail.
D)  limitation periods do not apply to negligence claims.
E)  limitation periods do not apply to claims for breach of contract.F) C) and E)
G) B) and E)

Question 6

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

Accepted Answer

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

Question 7

Where transactions on the Internet are involved,an action can only be brought where the defendant company is actually physically located.

Accepted Answer

A) True 
 B)False

Question 8

Indicate the differences in the standards of proof between a civil and a criminal trial.

Accepted Answer

More likely to be right than n...

Question 9

How is the procedure in small claims court different from that followed in superior trial court?

Accepted Answer

It is simp...

Question 10

What does arbitration require in order to be effective?

Accepted Answer

The parties must dis...

Question 11

Which of the following is correct with respect to the use of a jury in your province?

Accepted Answer

A)  Juries may be available in both criminal and civil matters at the superior court trial level.
B)  A jury can be used at the provincial court level in criminal matters only.
C)  A jury can be used at the superior court trial level,but only for criminal matters.
D)  A jury can be used only at the court of appeal level.
E)  Juries are no longer used in Canadian courts.F) A) and C)
G) C) and D)

Question 12

Generally,when a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can sue where the defendant resides or where the cause of action arose.

Accepted Answer

A) True 
 B)False

Question 13

Discuss privative clauses,parliamentary supremacy,and the role of the courts in supervising government decision makers.

Accepted Answer

Over the years,as the role of the bureau...

Question 14

A privative clause is which of the following?

Accepted Answer

A)  A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal.
B)  A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area.
C)  Privative clauses restrict certain people from participating in administrative tribunals.
D)  The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters.
E)  Privative clauses are those sections of the Charter with respect to personal freedoms.F) A) and E)
G) B) and E)

Question 15

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 them by the other party's lawyer is known as which of the following?

Accepted Answer

A)  Stare decisis
B)  The appearance
C)  Default judgment
D)  Examination for discovery
E)  The statement of defenceF) A) and D)
G) A) and C)

Question 16

(Modify this question for your province.) Fred sold Carole some computer equipment and software for $900.After she paid $300,Carole quit paying.When she had no complaint about the items but just wouldn't pay,Fred decided to sue.He would most likely begin his action in

Accepted Answer

A)  Small Claims Division,Provincial Court.
B)  Criminal Division,Provincial Court.
C)  B.C.Supreme Court.
D)  B.C.Court of Appeal.
E)  Federal Court.F) A) and E)
G) A) and B)

Question 17

In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings?

Accepted Answer

A)  When children are involved
B)  When the matter involves sexual misconduct and is embarrassing to the accused
C)  When the matter involves drunk driving
D)  When the government is one of the parties
E)  When large corporations are involved and the testimony involves economically sensitive materialF) C) and D)
G) A) and B)

Question 18

What does a successful negotiation require?

Accepted Answer

Negotiation requires...

Question 19

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

Accepted Answer

International business dealings are more...

Question 20

What constitutes fair treatment will vary with the circumstances,but the minimum standards of ________,otherwise known as the rules of natural justice,set a basic standard.

Accepted Answer

A)  procedural fairness
B)  fair hearing
C)  rights
D)  involvement
E)  judicial reviewF) None of the above
G) C) and E)

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

Which of the following is correct with respect to the use of a jury in your province?

Correct Answer
verified

In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings?

Correct Answer
verified

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

Correct Answer
verified
International business dealings are more...
View Answer

When a court has to decide in a battery assault action whether Joe really did hit James,this is a question of law.

Correct Answer
verified

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Correct Answer
verified

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

Correct Answer
verified

What does arbitration require in order to be effective?

Correct Answer
verified
The parties must dis...
View Answer

How is the procedure in small claims court different from that followed in superior trial court?

Correct Answer
verified
It is simp...
View Answer

Where transactions on the Internet are involved,an action can only be brought where the defendant company is actually physically located.

Correct Answer
verified

Indicate the differences in the standards of proof between a civil and a criminal trial.

Correct Answer
verified
More likely to be right than n...
View Answer

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 them by the other party's lawyer is known as which of the following?

Correct Answer
verified

Correct Answer
verified

In the Ontario Court of Appeal decision in Joseph v.Paramount Canada's Wonderland,the Court held that

Correct Answer
verified

A privative clause is which of the following?

Correct Answer
verified

Discuss privative clauses,parliamentary supremacy,and the role of the courts in supervising government decision makers.

Correct Answer
verified
Over the years,as the role of the bureau...
View Answer

(Modify this question for your province.) Fred sold Carole some computer equipment and software for $900.After she paid $300,Carole quit paying.When she had no complaint about the items but just wouldn't pay,Fred decided to sue.He would most likely begin his action in

Correct Answer
verified

What does a successful negotiation require?

Correct Answer
verified
Negotiation requires...
View Answer

Mandamus involves the decision of the decision maker being quashed or of no effect.

Correct Answer
verified

Generally,when a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can sue where the defendant resides or where the cause of action arose.

Correct Answer
verified

What constitutes fair treatment will vary with the circumstances,but the minimum standards of ________,otherwise known as the rules of natural justice,set a basic standard.

Correct Answer
verified

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

Which of the following is correct with respect to the use of a jury in your province?

Correct AnswerverifiedShow Answer

In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedInternational business dealings are more...View AnswerShow Answer

When a court has to decide in a battery assault action whether Joe really did hit James,this is a question of law.

Correct AnswerverifiedShow Answer

Mandamus involves the decision maker being required to make a decision that she has been avoiding.

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

What does arbitration require in order to be effective?

Correct AnswerverifiedThe parties must dis...View AnswerShow Answer

How is the procedure in small claims court different from that followed in superior trial court?

Correct AnswerverifiedIt is simp...View AnswerShow Answer

Where transactions on the Internet are involved,an action can only be brought where the defendant company is actually physically located.

Correct AnswerverifiedShow Answer

Indicate the differences in the standards of proof between a civil and a criminal trial.

Correct AnswerverifiedMore likely to be right than n...View AnswerShow Answer

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 them by the other party's lawyer is known as which of the following?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

In the Ontario Court of Appeal decision in Joseph v.Paramount Canada's Wonderland,the Court held that

Correct AnswerverifiedShow Answer

A privative clause is which of the following?

Correct AnswerverifiedShow Answer

Discuss privative clauses,parliamentary supremacy,and the role of the courts in supervising government decision makers.

Correct AnswerverifiedOver the years,as the role of the bureau...View AnswerShow Answer

(Modify this question for your province.) Fred sold Carole some computer equipment and software for $900.After she paid $300,Carole quit paying.When she had no complaint about the items but just wouldn't pay,Fred decided to sue.He would most likely begin his action in

Correct AnswerverifiedShow Answer

What does a successful negotiation require?

Correct AnswerverifiedNegotiation requires...View AnswerShow Answer

Mandamus involves the decision of the decision maker being quashed or of no effect.

Correct AnswerverifiedShow Answer

Generally,when a cause of action arises in one province and the plaintiff and defendant live in other provinces,the person suing can sue where the defendant resides or where the cause of action arose.

Correct AnswerverifiedShow Answer

What constitutes fair treatment will vary with the circumstances,but the minimum standards of ________,otherwise known as the rules of natural justice,set a basic standard.

Correct AnswerverifiedShow Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
International business dealings are more...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
The parties must dis...
View Answer

Correct Answer
verified
It is simp...
View Answer

Correct Answer
verified

Correct Answer
verified
More likely to be right than n...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
Over the years,as the role of the bureau...
View Answer

Correct Answer
verified

Correct Answer
verified
Negotiation requires...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified