Question 1

Which of the following is true with respect to recent litigation reforms?
A)Several provinces have started mandatory case management,which involves judicial supervision of the litigation process.
B)Summary trials in Alberta and British Columbia require all evidence to be presented orally to save time associated with document preparation.
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)The dollar amount of a claim has no bearing on the procedure to be followed in either Ontario or Alberta.
E)Mediation is compulsory in every common law province except for Ontario.

Accepted Answer

Several provinces have introduced mandatory case management, which involves judicial supervision of the litigation process. This is aimed at reducing delays and costs associated with the trial process.

Question 2

Which of the following statements is correct with respect to the functions of government?
A)The executive branch of government consists solely of those senior clerks working for the ministers.
B)The legislative branch of government consists of the federal parliament and the provincial legislative assemblies.
C)The judicial branch of government consists of the police forces and the RCMP.
D)The executive branch of government consists of the federal parliament and the provincial legislative assemblies.
E)The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation.

Accepted Answer

The legislative branch of government consists of the federal parliament and the provincial legislative assemblies. The executive branch consists of the ministers and their staff, while the judicial branch consists of the courts and judges. The police forces and RCMP are part of the law enforcement branch, which is separate from the three main branches of government. Choice A, C, and E are incorrect because they do not accurately describe the functions of the different branches of government.

Question 3

(Modify this question for your province.)Which of the following is the document that initiates a court action in this jurisdiction?
A)Statement of claim
B)Discovery
C)Writ of summons
D)Appearance
E)Statement of defence

Accepted Answer

In the province of Ontario, the document that initiates a court action is called a Statement of Claim. While there are similar documents in other provinces, the specific terminology may differ.

Question 4

Which of the following is false with regard to administrative law?
A)A writ of certiorari renders the decision of an inferior body as having no legal effect.
B)A writ of mandamus can force the administrator to perform his or her duty.
C)If a person's rights have been violated by an administrative tribunal,he can go to the courts for a judicial review,which is not truly an appeal,but merely a request for the court to exercise its supervisory jurisdiction.
D)A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal.
E)A court can exercise its right of judicial review when an error of law on the record has been made.

Accepted Answer

A privative clause does not always successfully prohibit the courts from reviewing a decision made by a tribunal. It depends on the language used in the clause and the context of the decision being made. Courts may still be able to review a decision if there is evidence of a jurisdictional error or a breach of natural justice.

Question 5

The procedure that allows a judgment creditor to ask a judgment debtor about his income,property,and debts is which of the following?
A)Execution
B)Examination in aid of execution
C)Secured transaction
D)Garnishee procedure
E)Seize or sue rule

Accepted Answer

Examination in aid of execution is a procedure that allows a judgment creditor to ask a judgment debtor about his income, property, and debts in order to determine how best to execute the judgment. Execution (A) involves the actual collection of assets in order to satisfy the judgment. Secured transaction (C) is a contractual arrangement between a debtor and a creditor that allows the creditor to take possession of the debtor's property in the event of default. Garnishee procedure (D) involves the attachment and seizure of a third party's property in order to satisfy a judgment against the debtor. Seize or sue rule (E) is a legal doctrine that requires a judgment creditor to seize the debtor's property in satisfaction of the judgment rather than sue the debtor personally.

Question 6

Hank sold three properties for Mr.W and was paid his commission for the first property,but not for the last two.Hank has done everything according to the contract and according to the relevant statutes,but Mr.W will not pay.Hank knows that Mr.W has a bank account with the Bank of Toronto and has money owed to him from a Mr.Gregory.If Hank successfully sues Mr.W.,which of the following would be false?
A)The lawsuit commenced by Hank against Mr.W would be for breach of contract.
B)Hank could force the bank to pay into court an amount of money from Mr.W's account to satisfy the debt.
C)Hank could personally seize the property of Mr.Gregory to satisfy the debt.
D)Hank could have a government-authorized official seize enough of Mr.W's goods to satisfy the judgment debt.
E)Hank could examine Mr.W under oath to determine what assets he has.

Accepted Answer

Hank cannot personally seize the property of Mr.Gregory to satisfy the debt as Mr.Gregory is not a party to the contract or lawsuit. Hank can only seek to collect the debt from Mr.W's assets.

Question 7

A privative clause is which of the following?
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.

Accepted Answer

A privative clause is a provision within a statute that attempts to limit or remove the power of judicial review by the courts over decisions made by administrative tribunals. These clauses attempt to prevent the courts from effectively reviewing the merits of a decision made by an administrative body, making tribunals the final decision-makers in cases within their purview.

Question 8

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?
A)Stare decisis
B)The appearance
C)Default judgment
D)Examination for discovery
E)The statement of defence

Accepted Answer

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 examination for discovery. This is a pre-trial procedure where one party can learn more about the case and gather evidence from the other party. Stare decisis refers to the principle of following past legal decisions, the appearance refers to the court appearance of parties, default judgment refers to a judgment made in favor of one party due to the other party's failure to respond or appear, and the statement of defence is a party's response to a claim made against them in a lawsuit.

Question 9

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?
A)The power of the parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution.
B)The federal parliament is now supreme and can override anything done by the provincial legislatures or the courts.
C)Under the Charter of Rights and Freedoms,the Supreme Court can declare some things done by both levels of government unlawful.
D)Now in Canada there is an effective system of checks and balances where the prime minister on some occasions can overrule decisions made by parliament or the Supreme Court of Canada.
E)With the passage of the Charter of Rights and Freedoms,the Parliament of Canada has become Canada's final court of appeal.

Accepted Answer

The Charter of Rights and Freedoms allows the Supreme Court to declare some things done by both levels of government unlawful, which limits parliamentary supremacy. The other options are incorrect because A and D suggest that parliament or the prime minister have supreme power, B suggests the federal parliament has even more power than before the Charter, and E is incorrect because the Supreme Court is still Canada's final court of appeal.

Question 10

Mr.Holden,a program developer,developed software for inventory control that was superior to others on the market.He launched an ad campaign and all went well for several months-until a competitor came out with a cheaper program.In time,he could not pay his debts when they became due and owing.A supplier sued for damages and was awarded judgment for $21,000.Holden did not pay.With regard to the supplier's position at this time,which of the following is false?
A)Since the decision is in his favour,the supplier would be a judgment creditor,Holden,a judgment debtor.
B)The supplier could have a garnishee order served on Holden's bank,ordering the bank to pay money into court instead of to Holden.
C)The supplier could examine Holden under oath about his assets and sources of income.
D)The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment.
E)The supplier could get a government-authorized official to seize and sell enough of Holden's property to satisfy the debt.

Accepted Answer

The supplier cannot obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment. It is not legal to detain a person until a debt is paid in this manner. The other options are all possible actions that could be taken by the supplier.

Question 11

Which of the following is not a rule of natural justice?
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 his 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 himself.
D)A person must be allowed to retain a lawyer.
E)The decision maker must be impartial.

Accepted Answer

While the right to retain a lawyer may be a desirable feature, it is not considered an essential component of natural justice. The other options listed are all recognized as fundamental principles of natural justice.

Question 12

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?
A)Mandamus
B)Certiorari
C)Declaratory judgment
D)Prohibition
E)Injunction

Accepted Answer

Mandamus is a court order that requires a government official to perform their legal duty, which in this case would be making a decision that they are required to make by statute. The other options (certiorari, declaratory judgment, prohibition, and injunction) are not as applicable to this situation.

Question 13

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

Accepted Answer

Court costs are not always equal to the legal fees and disbursements of the winning party. In some cases, court costs may be a smaller or larger amount depending on the specific circumstances of the case and the decision of the judge.

Question 14

In Baker v.Canada,the Supreme Court of Canada ruled which of the following decisions?
A)The Court set aside the decision and ordered another hearing be held since there was a reasonable apprehension of bias.
B)The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms.
C)The Court confirmed the decision because the immigration officer had acted appropriately.
D)The Court confirmed the decision because the process followed by the hearing was proper in the circumstances.
E)The Court declined to hear the case because Courts have no authority review board decisions.

Accepted Answer

The Supreme Court of Canada in Baker v. Canada set aside the decision and ordered another hearing, emphasizing the importance of procedural fairness in the administrative decision-making process, particularly in immigration matters where the stakes are high for the individuals involved.

Question 15

Which of the following statements concerning limitation periods is true?
A)Government bodies are exempt from limitation periods.
B)Limitation periods are invalid because they offend the Charter of Rights and Freedoms.
C)Limitation periods are invalid because they are ultra vires.
D)The relevant limitation period applies to even government bodies.
E)Government bodies are always exempt from the law.

Accepted Answer

The relevant limitation period applies to even government bodies. Government bodies cannot operate outside the law and are subject to the same limitations and time frames as any other party.

Question 16

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which of the following would not be a ground upon which the decision of that clerk could be challenged?
A)The clerk,who was the only one to have reviewed the evidence,left the decision up to his secretary to make.
B)The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments.
C)The clerk owned his own large truck that operated in competition with Joe in the same small community.
D)The clerk noticed Joe had not completed continuing driving education,as required by regulation.
E)The clerk decided that not enough women were doing this kind of job,and since Joe was a man,the licence was not renewed to correct the imbalance.

Accepted Answer

The clerk's decision based on Joe not completing the required continuing driving education, as mandated by regulation, is a legitimate ground for refusing a licence renewal. This decision aligns with the enforcement of existing rules and regulations, which clerks are tasked to uphold.

Question 17

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

Accepted Answer

The rules of evidence do not need to be strictly adhered to in natural justice. Depending on the context, some flexibility may be allowed in the admission and consideration of evidence. The other options listed are all requirements of natural justice.

Question 18

If the court finds the defendant liable for the tort of battery,the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff,but for the purpose of punishing the defendant.Such damages are called
A)special damages.
B)general damages.
C)punitive damages.
D)compensatory damages.
E)derogatory damages.

Accepted Answer

Punitive damages are awarded to the plaintiff in order to punish the defendant, rather than compensate the plaintiff for their losses or injuries. These damages are also known as exemplary damages, and are intended to deter the defendant and others from engaging in similar conduct in the future.

Question 19

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.
A)fundamental justice
B)procedural fairness
C)procedural justice
D)natural justice
E)ADR

Accepted Answer

The term "natural justice" is often used interchangeably with "procedural fairness" or "procedural justice." One of the key requirements of natural justice is that the decision-making process is fair and impartial, which includes the decision being made by those who have heard the evidence presented.

Question 20

Which of the following is correct with respect to the enforcement of judgments?
A)The parties to a contract can specify that the laws of another jurisdiction are to apply to the transaction.
B)Parties can avoid the operation of Canadian criminal law by specifying that the law of some other jurisdiction will apply to their activity even though it takes place in Canada.
C)Once a judgment is obtained,that judgment can be enforced anywhere in the world.
D)A judgment can only ever be enforced in the jurisdiction where it is obtained.
E)To enforce a judgment in another jurisdiction,that case must always be heard all over again.

Accepted Answer

EA) Parties to a contract often have the ability to specify which jurisdiction's laws will govern their agreement. This is a common practice in international contracts to provide certainty and predictability for the parties involved.E) While it's not always the case that a judgment must be heard all over again to be enforced in another jurisdiction, there are processes in place to recognize and enforce foreign judgments without a full retrial of the facts. These processes vary by jurisdiction but generally involve proving the validity of the original judgment and ensuring it doesn't contravene public policy in the enforcing jurisdiction.

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

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

Which of the following statements is correct with respect to the functions of government?

(Modify this question for your province.) Which of the following is the document that initiates a court action in this jurisdiction?

Which of the following is false with regard to administrative law?

The procedure that allows a judgment creditor to ask a judgment debtor about his income,property,and debts is which of the following?

A privative clause is which of the following?

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?

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?

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

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?

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

In Baker v.Canada,the Supreme Court of Canada ruled which of the following decisions?

Which of the following statements concerning limitation periods is true?

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which of the following would not be a ground upon which the decision of that clerk could be challenged?

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

If the court finds the defendant liable for the tort of battery,the court could award damages to the plaintiff that were not for the purpose of compensating the plaintiff,but for the purpose of punishing the defendant.Such damages are called

A requirement of the rules of ________ is that the decision be made by the persons hearing the evidence.

Which of the following is correct with respect to the enforcement of judgments?