chaper 3

2) Which of the following statements with regard to the characteristics of civil and criminal actions is true? A) The person who begins a civil action is usually called the prosecutor. B) 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. C) If a person is convicted of a criminal offence, he or she cannot also be sued in a civil action by the victim. D) In a criminal case, an individual person is taking the action against the accused. E) The prosecutor must prove his or her case based "upon a balance of probabilities."

B)

Which of the following is an advantage of using ADR? A)ensures full disclosure B)speedy resoluation C)lengthy process D)sets a binding precedent E)more expensive than litigation

B)

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

C)

Consider the following statements with respect to the exercise of governmental powers. Identify the false statement. 1. A) Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action. 2. B) The exercise of governmental power is subject to a number of constitutional limitations. 3. C) The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms. 4. D) The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation. 5. E) Statutes often restrict the power of government officials

D)

Name all 3 types of ADR: A)Negotiation, B)Mediation C)Arbitration D)ALL OF THEM

D)

17. Which of the following is an advantage of using ADR A)Sets a binding precedent B)More expensive than litigation C)Lengthy process D)Ensures full disclosure E)Speedy resolution

E)

A privative clause is which of the following? A) A privative clause term is an attempt tuo restrict the right of judicial review B) Privative clauses restrict certain people from participating in administrative tribunals C) 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 D) A privative clause creates an actionable tort in various privacy statutes E)A privative clause is a clause in a statute that attemps

E)

Is violating a provincial environment regulation a criminal matter? Yes. A person is subject to imprisonment for environmental regulation violations so it is a criminal matter. No. Normally any violation that results in potential imprisonment would be criminal but since a province cannot enact criminal legislation, it is not. No. Although an environmental offense can result in fines or imprisonment, it is a quasi-criminal matter, based on an enactment other than the Criminal Code and related legislation. Yes. The violation of any regulation is a matter for the criminal courts. No. The province does not have the right to regulate the environment so such a regulation would be unenforceable.

No. Although an environmental offense can result in fines or imprisonment, it is a quasi-criminal matter, based on an enactment other than the Criminal Code and related legislation.

WHEN A NEW LAWSUIT IS PASSED BY OUR ELECTED LAWMAKERS, AND THE COURTS HEAR CASES THAT REQUIRE THE COURTS TO INTERPRET how the new law is to be applied, which court's ruling will set the most binding precedent? a)The federal court of appeal b)the bc court of appeal c)the supreme court of canada d)the bc provincial court e)the supreme court of BC

c)

Class action refers to a) a legal action undertaken by one or more plaintiffs on behalf of themselves and all other persons harmed in the alleged wrong. b) case that has already been decided by a court and cannot be brought before a court again. c) the out-of-court procedure by which one of the parties agrees to pay a sum of money in return for a waiver by the other party of all rights arising from a grievance. d) a group of people that is not recognized by the courts and that may not sue or be sued. e) the party that commences a private legal action against another party.

a

A regulatory body gets authority for its decisions from a) the underlying statute or regulations created according to it. customary exercise of power. b)common law principles of fairness. c)the reputations of the members of the regulatory body. d)no specific source; the fact that the body is authorized gives it e )authority to make any decision it deems reasonable.

a)

An offer to settle a)is designed to encourage the parties to settle. b)can only be made by the defendant. c)can only be made by the plaintiff. d)notifies the court that the parties are acting in good faith. e)has no effect on the awarding of costs.

a)

In a negotiation, which one of the following characteristics would not lead to success? a)Bullying b)Communication skills c)Understanding the other side's interests d)A conciliatory attitude e)Knowledge

a)

The party who begins action against another party is known as a)a plaintiff. b)a respondent. c)a defendant. d)counsel. e)an appellant.

a)

What is a disadvantage of mediation? a)There is no way to compel the parties to produce evidence. b)The parties cannot have a continued relationship. c)There is no way to create solutions the law does not provide. d)Mediation cannot involve a third party. e)Mediation can force parties to accommodate each other.

a)

Which of the following cases would be most likely to appear before a provincial superior court? a)A criminal murder trial b)Two people disagreeing about the proper way to water flowers c)Two parents disagree about what they should name their child d)A contract dispute where the contract is worth less than five dollars e)Someone contesting a speeding ticket

a)

Which of the following is not part of an appeal? a)live testimony by witnesses before the appellate court

a)

Judicial review of a regulatory decision is not allowed when a)the decision maker gave no opportunity for the disappointed party to be heard. b)a disappointed party disagrees with the error-free decision. c)the regulation on which the decision was based is unconstitutional. d)the decision maker made an error of law. e)the decision maker based his decision on his personal hatred of the disappointed party.

b)

Which of the follow statements about Small claims court has limited monetary jurisdiction.small claims court is true? a) Small claims court can handle any case the plaintiff feels he can address without a lawyer. b) Small claims court has limited monetary jurisdiction. c)Court costs cannot be recovered if the party wins in small claims court. d) Small claims court requires a lawyer to present the case. e) Small claims court uses the same formal legal procedures as superior court.

b)

Which of the following questions is a matter of fact that would be left to the jury (if one is present)? a)Does the fact the landlord was unaware of his obligation change that obligation? b)Was the defendant at the home in question? c)Is the witness's statement admissible as evidence? d)Should strict liability be applied in this situation? e)Was the landlord obligated to keep the building in good repair?

b)

Which one of the following descriptions would not indicate an effective mediator? a)Ethical b)Decision maker c)Understanding d)Communicative e)Even-handed

b)

A court can sometimes review a regulatory body's decision. If the court finds the decision was invalid it cannot a)order the body to hold a hearing as required by law. b)void the decision. c)order the body to reconsider its decision, without a new hearing. d)order the body to stop performing illegal actions. e)state the meaning of the law.

c)

A fair regulatory hearing does not require a)people affected be allowed to present evidence and arguments. b)notice of the existence and timing of the hearing be provided. c)the strict rules of evidence to be followed. d)people affected be allowed to refute written declarations. e)disclosure of the evidence that will affect the decision.

c)

An error of law by an administrative tribunal means a)the tribunal did not understand a detail of the facts of the case although the misunderstanding was a minor part of the case. b)the tribunal made a decision based on a misinterpretation of the facts. c)the official record of the tribunal shows the tribunal made a serious misapprehension of the law in making its decision. d)a member of the media reported in a newspaper an incorrect legal position said by one of the participants in the hearing. e)the lawyer misread a case when preparing for the hearing.

c)

The court that has almost unlimited jurisdiction in civil and criminal actions is known as a)Probate Court. b)the Federal Court of Appeal. c)Superior Court. d)the Supreme Court of Canada. e)the Federal Court of Canada.

c)

The discoverability rule for limitation periods means that: a)plaintiffs need not take any steps to discover their rights to sue. b)defendants are always liable to pay for losses after the plaintiff discovers the right to sue, even if that occurs far in the future. c)the limitation period starts from the time the claim is discovered, even if that is later than the time when the claim arose, subject in some jurisdictions to a later, ultimate (final) limitation period. d)the defendant must discover the claim before an action can be commenced by the plaintiff. e)a limitation period may be extended by a judge provided any prejudice (harm) to the defendant can be compensated with an order for court costs or granting the defendant an adjournment.

c)

The job of an arbitrator is to a)negotiate a deal between the parties. b)help the parties come to a settlement. c)resolve the issues between the parties. d)help the parties compromise to avoid litigation. e)decide when discussion is no longer useful and a court hearing is required.

c)

A court will assume jurisdiction to hear a civil action when a)the defendant has a strong connection to the jurisdiction and the plaintiff provides no reason to decline it. b)the plaintiff proves he has a strong connection to it. c)either party has any connection to the jurisdiction, and neither party provides any reason to decline it. d)the plaintiff has a strong connection to the jurisdiction and the defence provides no reason to decline it. e)the plaintiff has any connection to the jurisdiction and the defence provides no reason to decline it.

d)

Becky steals a bicycle from the local bike shop. The shop owner pressed charges and the government prosecutes her. After hearing the evidence, what standard will the judge use to determine if she is convicted? a)Beyond a reasonable doubt because Becky committed a crime b)On the balance of probabilities because the bike-shop owner sued Becky in tort c)The judge will first determine if a crime was committed beyond a reasonable doubt and if not whether a tort was committed on the balance of probabilities d)Beyond a reasonable doubt because the bike-shop owner sued Becky in tort e)On the balance of probabilities because Becky's actions were criminal

d)

Is challenging an administrative decision always productive? a)Yes, because there is no other way to get the body to change its decision b)No, because the plaintiff always loses such challenges c)Yes, because a principle can be vindicated d)No, because the body can often remake the same decision using a proper procedure after the suit e)Yes, because the outcome will always be better if the plaintiff wins

d)

What is the correct process to begin a civil suit? a)The defendant files a statement of claim with the court and serves the plaintiff. The plaintiff files a statement of defence with the court. b)The plaintiff serves the defendant with a statement of claim. The defendant files a statement of defence with the court. c)The plaintiff files a statement of claim with the court and serves the defendant. A court hearing is scheduled. d)The plaintiff files a statement of claim with the court and serves the defendant. The defendant files a statement of defence with the court. e)The plaintiff files a statement of claim with the court. The defendant files a statement of defence with the court.

d)

What is the main difference between mediation and negotiation? a)Mediation involves a mandatory settlement clause while negotiation allows the case to proceed to trial. b)Mediation involves a neutral third party decision maker while negotiation involves a neutral third party facilitator. c)Mediation is only allowed in criminal cases while negotiation can be used in any case. d)Mediation involves a neutral third party while negotiation just involves the parties. e)Mediation involves just the parties while negotiation involves a neutral third party.

d)

Which of the following situations is not suitable for a unified family court? a)a divorce between two lawyers b)the custody arrangement between divorced parents c)a dispute between divorced parents over which school the child should attend d)a single mother charged with speeding e)the adoption of a orphaned child

d)

Which of the following situations would be most likely to be granted leave to appeal to the Supreme Court of Canada? a)A landowner wants to appeal his fine for violating a local littering regulation. b)Two Quebec superior court judges disagree about the interpretation of a unique provincial law. c)A person appeals his speeding ticket because the officer was not following proper procedure. d)A judge from Nova Scotia held a federal law unconstitutional while a judge from British Columbia held the same law was constitutional. e)Two companies want to contest their settlement because they changed their minds.

d)

An administrative tribunal is a)a court designed to handle minor regulatory infractions. b)a panel created to prevent judicial review of executive decisions. c)a legislative subcommittee that creates new laws in a specific area. d)an administrative agency that supports the declarations of the judicial branch. e)a regulatory body set up to implement and enforce designatied government laws and regulations.

e)

In a civil lawsuit, which of the following statement is true? a) the "Notice of Civil Claim" is a document registered by the plaintiff which contains a summary of the allegations that support the cause of action b) The plaintiff must prove his case on the "balance of probabilities", not "beyond a reasonable doubt" c)A "counterclaim" is a claim made by the defendant back against the plaintiff d)any admission by the defendant at the examination for discovery can be used against him by the plaintiff at trial e) All of the above

e)

Specific performance refers to a)a case sent back by the appeal court for retrial by the lower court. b)a case in which the court supervises the estates of deceased persons. c)an order by the Supreme Court of Canada to carry out a binding obligation. d)an order by a court to apply the provisions of a statute. e)an order in the law of Equity to actually carry out a binding obligation.

e)

What are some disadvantages to alternative dispute resolution (ADR) over litigation? a)Some disadvantages are: no time and cost savings, no unique settlement possible, and no appeal process. b)Some disadvantages are: decisions are not binding, no way to collect a settlement, and no continued relationship between the parties. c)Some disadvantages are: discovery is required, no court enforcement of the judgment, and no precedential value of the decision. d)Some disadvantages are: no cost or time savings, no official record of the proceeding, and no continued relationship between the parties. e)Some disadvantages are: no right to discovery or appeal, and no precedential value to the decision.

e)

When is mediation not appropriate? a)When the parties want to settle b)When the parties need a quick resolution c)When the parties do not want sensitive information made public d)When the parties wish to remain in business together e)When the parties do not trust each other at all

e)

Which of the following is not a reason to use alternative dispute resolution (ADR) in online disputes? a)ADR is quicker than a court case. b)ADR is less expensive. c)ADR allows parties to keep information about issues with their sites private. d)ADR does not require the parties to be in the same room. e)ADR allows the decision to be precedential in all jurisdictions a company operates in.

e)

Which of the following is not normally part of an appellate judge's job? a)Review the trial transcript b)Review the trial judge's reasons for judgment c)Listen to objections to the trial court's decision d)Listen to arguments supporting the trial court's decision e)Hear the full evidence presented at trial

e)

Which of the following reasons is not one that allows the decision of a regulatory body to be set aside? The regulation on which the decision was based infringes on the freedom of the press. The provincial statute creating the body went beyond the powers granted to provincial government. The enacting statute discriminates on the basis of race. The decision of the body violates the participant's freedom of religion. A person thinks the decision of the body was unfair.

e)