Question 1

Stare decisis means

Accepted Answer

Stare decisis is a legal principle that means to stand by the decision of previously decided cases. Courts will often refer to past rulings to guide their decision-making process in current cases, with the goal of promoting consistency and predictability in the law. This is why precedent is important in legal systems based on common law.

Question 2

The primary goals of the common law when it was developed were

Accepted Answer

The primary goals of the common law when it was developed were consistency and predictability. The common law system was developed to provide a consistent and predictable legal framework for resolving disputes. This was achieved by creating a body of legal precedent that was based on previous court decisions and that could be relied upon to guide future decisions. Consistency and predictability were therefore key goals of the common law system.

Question 3

In class action proceedings:

Accepted Answer

In class action proceedings, a plaintiff applies to court to represent a class of plaintiffs with similar claims. This allows multiple claims to be consolidated and litigated together, making the process more efficient and cost-effective for all parties involved.

Question 4

Public law is

Accepted Answer

Public law is the branch of law that governs the relationship between individuals and the government, and regulates the conduct of the government with private individuals. It includes constitutional law, administrative law, and other areas such as criminal law and international law that involve the state as a party. A, C, D, and E are all incorrect because public law is not limited to public persons, public corporations or public bodies, but rather relates to the government's legal powers and duties.

Question 5

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

Jack can counterclaim for $15,000 which means he can request the court to offset the unpaid bills Mary owes him with the amount he owes her for the delivery of products. This will reduce his liability towards Mary to $5,000. The other choices are not relevant to Jack's situation.

Question 6

Substantive law

Accepted Answer

Substantive law defines the rights and duties of individuals and collective bodies, establishing the legal relationship between people and the state.

Question 7

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

Accepted Answer

Subordinate legislation refers to laws made by an authority under powers given to them by an Act of Parliament, which is what administrative agencies do when they create regulations and rules.

Question 8

Which of the following is/are not a Federal Court of Canada?

Accepted Answer

There is no such thing as a Federal Family Court in Canada. The other options are all Federal Courts of Canada.

Question 9

The two main sources of law are

Accepted Answer

The two main sources of law are judge made law (also known as case law or common law) and statute law (also known as legislation or Acts of Parliament).

Question 10

How many tiers of courts are there in Canada?

Accepted Answer

There are three tiers of courts in Canada: the lower or trial courts, the intermediate or appellate courts, and the final court of appeal, the Supreme Court of Canada.

Question 11

When a party wins a legal action, the judge will usually award the successful party

Accepted Answer

Party and party costs refer to the costs that the successful party incurs as part of the litigation process, such as court fees and reasonable legal expenses. This is the most common type of costs awarded by a judge in a successful legal action. Out-of-pocket expenses or total costs may not fully compensate the successful party for their expenses, while legal aid or solicitor-client costs are not available in all cases.

Question 12

Specific performance and contempt of court are examples of

Accepted Answer

Specific performance and contempt of court are examples of equitable remedies, which are remedies granted by courts in equity rather than in law. Equitable remedies aim to provide a fair and just outcome in situations where legal remedies are inadequate. Specific performance is an order requiring a party to perform a specific action, such as fulfilling a contractual obligation, while contempt of court is a punishment for failing to comply with a court order.

Question 13

The two main legal systems that developed in western europe are

Accepted Answer

The two main legal systems that developed in western europe are common law and civil law. Common law originated in England and is characterized by the use of case law and precedents. Civil law is derived from Roman law and is based on written laws and codes.

Question 14

Private law

Accepted Answer

Private law pertains to the legal relationships between individuals and entities, such as businesses or organizations, rather than between individuals and the state. It involves rules that govern private contracts, property ownership, family law, and other matters of a private nature.

Question 15

The pre- trial step in the litigation where one party is permitted to ask the other questions is known as

Accepted Answer

The pre-trial step in litigation where one party is permitted to ask the other questions is known as examination for discovery. This allows each party to learn about the evidence and arguments that the other party intends to present at trial.

Question 16

The two most basic categories of law are

Accepted Answer

Substantive law defines rights and duties, while procedural law outlines the steps to enforce those rights and duties. These are the two fundamental categories of law.

Question 17

When a party wishes to commence legal proceedings against another person he or she

Accepted Answer

To commence legal proceedings, a party must file a writ or statement of claim with the court. This document sets out the facts and legal issues in dispute and identifies the relief sought by the plaintiff. The defendant is then required to file a statement of defence to respond to the allegations made by the plaintiff.

Question 18

When the rules of equity were developed, equity was administered by

Accepted Answer

The courts of chancery developed the rules of equity and were responsible for administering equity in England. They were separate from the common law courts and developed their own set of principles and procedures, which were designed to provide fairness and justice in cases where the common law system could not provide an adequate remedy.

Question 19

When a defendant receives the originating documents, he or she replies by filing

Accepted Answer

When a defendant receives the originating documents, he or she replies by filing a statement of defence. This is a legal document that outlines the defence’s response to the plaintiff’s claims. It identifies the defendant, sets out the defendant's version of the facts and the legal basis for their defence.

Question 20

Which of the following is not one of the tiers of courts in Canada?

Accepted Answer

Circuit Courts are not one of the tiers of courts in Canada. The other options listed are all tiers of courts in Canada.

Quiz 2: The Machinery of Justice