Question 1

Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to Patricia. It is up to the judge who heard the case to decide to what extent Mabel is required to compensate Patricia through the payment of damages.

Accepted Answer

In a civil lawsuit where negligence is proven, it is typically the role of the judge (or jury, depending on the jurisdiction and specifics of the case) to determine the extent of damages that the defendant (in this case, Mabel) is required to pay the plaintiff (Patricia) as compensation for the injuries sustained.

Question 2

American cases cannot be used in Canada because the legal systems in each country grew out of very different roots.

Accepted Answer

Both Canada and the United States share a common legal heritage from British law, and Canadian courts may consider American cases for persuasive authority, especially when Canadian case law is sparse on a particular issue.

Question 3

Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989), R.P.R. (2d) 189; affirmed, (1990), 14 R.P.R. (2d) 1; varied, (1993), 6 Alta. L.R. (3d) 337. Which of the following statements is correct?
A) This case was first reported in the Regina Public Reports.
B) The cite tells us that the last court that heard and decided this case was in the province of Alberta.
C) The case was last reported in 1993.
D) The initial 1989 decision was overturned by the 1993 decision.
E) The decision of the first judge was upheld by another judge who decided the case in 1990.

Accepted Answer

E

Question 4

If you were a judge in a court system in Canada, which of the following would not be a role that you might be called upon to perform?
A) Deciding whether or not federal legislation interfered with provincial legislative jurisdiction.
B) Deciding whether or not a plumber has the proper qualifications to be granted a licence.
C) Deciding whether or not an individual has breached the terms of a contract with another individual.
D) Deciding whether a government agency has interfered with the constitutional rights of a citizen.
E) Deciding whether or not a company is licensed to print copyrighted material.

Accepted Answer

Judges in Canada typically do not decide on professional qualifications for tradespeople like plumbers. This is usually the role of professional regulatory bodies or licensing authorities.

Question 5

The historical development of the court system in England shows a trend away from decisions being made by the community as a whole and towards decisions being made by one authoritative person.

Accepted Answer

Historically, the English court system evolved from early forms of community-based justice, such as the moots and folkmoots, towards a more centralized system where decisions were made by appointed judges or monarchs, reflecting a shift from communal decision-making to authoritative, individual judgments.

Question 6

Easy Money Credit Ltd. is owed $8,000 by Irina for a debt to buy a television and home theatre system. Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14-year-olds. Which is most likely the court of original jurisdiction?
A) Youth Court
B) Criminal Court
C) Family Court
D) Small Claims Court
E) Provincial Supreme Court

Accepted Answer

The court of original jurisdiction for a case involving a debt dispute, such as the one between Easy Money Credit Ltd. and Irina, is typically the Small Claims Court. This court handles minor civil disputes and claims for small amounts of money.

Question 7

The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French Civil Code.

Accepted Answer

Louisiana's legal system is based on the French Civil Code due to its historical ties to France, and Quebec's civil law system is also based on the French Civil Code, reflecting its French heritage.

Question 8

Which statement does not apply to arbitration of a contractual dispute?
A) Arbitration clauses are contained in a contract.
B) Arbitration is mandated by provincial statute.
C) Agreements often specifically provide that the arbitration proceedings are confidential.
D) Arbitration is a quicker way of resolving disputes.
E) Arbitration decisions do not form part of the Common Law.

Accepted Answer

Arbitration is typically chosen by the parties involved and included as a clause in their contract; it is not mandated by provincial statute, which would imply a legal requirement for arbitration in all contractual disputes regardless of the parties' agreement.

Question 9

As the representative of a major newspaper chain you are opposed to the recent tendency of judges to grant publication bans during the court proceedings of controversial and high-profile trials. Together with several of your colleagues from other media organizations you decide to challenge the most recent ban. Which of the following statements is correct?
A) Your challenge would be brought as a proceeding in a court of original jurisdiction.
B) If you are not successful you would be granted an appeal of your case to the Supreme Court of Canada.
C) The proper forum for your challenge is the Canadian Judicial Council since it involves the actions of a judge.
D) You would bring your challenge to an administrative tribunal.
E) The process of bringing your challenge would begin with the Court of Appeal.

Accepted Answer

EA challenge against a publication ban would typically be brought in a court of original jurisdiction, as it involves contesting a decision made by a lower court. If the initial challenge is unsuccessful, the next step would often involve appealing to a higher court, which could include the Court of Appeal as the starting point for appellate procedures, depending on the jurisdiction and specific legal system in place. The Canadian Judicial Council deals with judicial conduct, not the review of specific judicial decisions, and administrative tribunals generally do not have jurisdiction over court procedural matters. Appeals to the Supreme Court of Canada are not automatically granted; they require leave and are typically reserved for cases of national importance or to resolve significant legal issues.

Question 10

Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to Kelly and granted a $3,000 loan to finance the purchase. Two days after purchasing the computer it fell off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the loan. Which is most likely the court of original jurisdiction?
A) Youth Court
B) Criminal Court
C) Family Court
D) Small Claims Court
E) Provincial Supreme Court

Accepted Answer

Small Claims Court is most likely the court of original jurisdiction for disputes involving relatively small financial amounts, such as the repayment of a loan for a consumer purchase like a laptop.

Question 11

You have won the electric shaver suit and the manufacturer has appealed. Which of the following statements is not true?
A) You are the respondent.
B) The manufacturer is the appellant.
C) The manufacturer can bring its appeal on the basis that the judge made an error in interpreting or applying the law.
D) The manufacturer's witnesses will all give their evidence before any of your witnesses are called to give their evidence.

Accepted Answer

In an appeal, the focus is typically on reviewing the legal basis of the initial decision rather than re-examining witness testimony. Therefore, the order in which witnesses are called, as described in option D, does not apply to the appeal process.

Question 12

A customer of the bank for which you work as Chief Systems Analyst is suing your bank. The customer alleges that money apparently withdrawn through an automated teller machine from her account must have been removed through a bank error, since she did not do so, and no one knows her identification number nor has access to her card. You are to testify as to the security processes in the bank's computer system and the accuracy of the computerized automated teller machine's records. In this role you are called upon as an
A) expert witness; you will be giving direct evidence at trial.
B) expert witness; you will be giving opinion evidence at trial.
C) expert witness; you will be giving hearsay evidence at trial.
D) ordinary witness; you will be giving opinion evidence at trial.
E) ordinary witness; you will be giving direct evidence at trial.

Accepted Answer

Expert witnesses are called upon to provide their specialized knowledge or expertise in a particular area to help the court understand the evidence or to determine a fact in issue. In this scenario, as a Chief Systems Analyst testifying about the security processes and accuracy of the bank's computerized systems, you would be providing opinion evidence based on your expertise.

Question 13

Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to Kelly and granted a $3,000 loan to finance the purchase. Two days after purchasing the computer it fell off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the loan. Which pleading(s) will be filed by Kelly?
A) Statement of Claim
B) Statement of Defence
C) Counterclaim
D) Statement of Claim and Statement of Defence
E) Statement of Defence and Counterclaim

Accepted Answer

Kelly would file a Statement of Defence in response to any legal action taken by Orange Shop Ltd. to recover the loan amount. Additionally, Kelly might file a Counterclaim to seek damages or specific performance related to the refusal of Orange Shop Ltd. to repair or replace the laptop.

Question 14

An electric shaver that you bought exploded and injured your hand. You are now suing the manufacturer. The first document which your lawyer will send to the manufacturer is
A) a writ of summons/statement of claim.
B) the pleadings.
C) a notice of trial.
D) a statement of defence.
E) a demand for particulars.

Accepted Answer

A writ of summons/statement of claim is the first document filed by the plaintiff's lawyer to initiate legal proceedings against the defendant, in this case, the manufacturer of the electric shaver. It formally notifies the defendant of the lawsuit and outlines the basis of the claim.

Question 15

Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to Kelly and granted a $3,000 loan to finance the purchase. Two days after purchasing the computer it fell off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the loan. At trial, which party presents their case first?
A) Orange Shop Ltd. The plaintiff opens the trial.
B) Orange Shop Ltd. The defendant opens the trial.
C) Kelly. The plaintiff opens the trial.
D) Kelly. The defendant opens the trial.
E) The judge determines who opens the trial.

Accepted Answer

In a trial, the party who initiates the lawsuit, known as the plaintiff, presents their case first. Since Orange Shop Ltd. would likely initiate legal action to recover the unpaid loan, they would be the plaintiff and thus present their case first.

Question 16

Which of the following statements is false?
A) Contingency fees are paid to the lawyer only if the case is won.
B) Contingency fees only recently came into existence in Canada.
C) One of the concerns raised against contingency fees is that they lead to frivolous lawsuits.
D) One argument in support for contingency fees is that they provide greater access to justice.
E) Not all Canadian jurisdictions permit contingency fees.

Accepted Answer

The answer of Which of the following statements is false?
A)...

Question 17

Your company, a manufacturer of household cleaning products, successfully defended a product liability suit brought by a customer for a serious skin irritation she suffered after using an oven cleaning solution made by your company. Your defence was based on the fact that adequate warnings were placed on the container that users should wear gloves. The plaintiff has appealed the court's decision on the basis that the judge failed to apply the legal principle of strict liability to this case, which would automatically find the manufacturer liable if the product itself were, in fact, found to be inherently dangerous. Select the most appropriate statement from the following:
A) The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and order a new trial to assess this point.
B) The Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision.
C) The Court of Appeal may find that the trial judge did not properly apply the principle of strict liability and admit the appeal and reverse the decision.
D) The Court of Appeal may find that the trial judge properly considered the principle of strict liability and dismiss the appeal and affirm the decision.
E) All of the findings are possible except that the Court of Appeal may not find that the trial judge did not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the decision.

Accepted Answer

The answer of Your company, a manufacturer of household cleaning...

Question 18

Each province has a Court of Appeal to review the convictions of accused persons by the following courts:
A) Youth Court
B) Supreme Court
C) Magistrate's (or Provincial) Court
D) Small Claims Court
E) All of the above except D

Accepted Answer

Courts of Appeal in provinces review convictions from Youth Court, Supreme Court, and Magistrate's (or Provincial) Court. Small Claims Court deals with civil matters of lesser value and does not handle criminal convictions.

Question 19

At the discretion of the court, judges award costs that are frequently referred to as "costs on a party-and-party basis." These involve:
A) the judge awarding incurred costs of the litigation to the unsuccessful party, plus a counsel fee.
B) the judge awarding incurred costs of the litigation to the successful party, minus a counsel fee.
C) the judge awarding incurred costs of the litigation to the unsuccessful party, minus a counsel fee.
D) the judge awarding incurred costs of the litigation to the successful party, plus a counsel fee.
E) the judge awarding all costs of the litigation split between both parties with no counsel fee.

Accepted Answer

Costs on a party-and-party basis typically involve the judge awarding the incurred costs of the litigation to the successful party, plus a counsel fee. This is meant to compensate the winning party for the expenses incurred in pursuing or defending the case.

Question 20

Raymond, who lives in Manitoba, appeals a trial court's decision in a case in which he sued a former business partner and lost. The highest court to which Raymond's case can possibly eventually be appealed is
A) the Court of Appeal for Manitoba.
B) the Federal Court of Appeal.
C) the Supreme Court of Canada.
D) the Privy Council of the House of Lords.
E) the Court of Queen's Bench for Manitoba.

Accepted Answer

The Supreme Court of Canada is the highest court in the country, and it has the final say in legal disputes, including those appealed from provincial courts.

Quiz 2: The Judicial System and Alternative Dispute Resolution

Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to Patricia. It is up to the judge who heard the case to decide to what extent Mabel is required to compensate Patricia through the payment of damages.

American cases cannot be used in Canada because the legal systems in each country grew out of very different roots.

Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989) , R.P.R. (2d) 189; affirmed, (1990) , 14 R.P.R. (2d) 1; varied, (1993) , 6 Alta. L.R. (3d) 337. Which of the following statements is correct?

If you were a judge in a court system in Canada, which of the following would not be a role that you might be called upon to perform?

The historical development of the court system in England shows a trend away from decisions being made by the community as a whole and towards decisions being made by one authoritative person.

Easy Money Credit Ltd. is owed $8,000 by Irina for a debt to buy a television and home theatre system. Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14-year-olds. Which is most likely the court of original jurisdiction?

The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French Civil Code.

Which statement does not apply to arbitration of a contractual dispute?

You have won the electric shaver suit and the manufacturer has appealed. Which of the following statements is not true?

An electric shaver that you bought exploded and injured your hand. You are now suing the manufacturer. The first document which your lawyer will send to the manufacturer is

Which of the following statements is false?

Each province has a Court of Appeal to review the convictions of accused persons by the following courts:

At the discretion of the court, judges award costs that are frequently referred to as "costs on a party-and-party basis." These involve:

Raymond, who lives in Manitoba, appeals a trial court's decision in a case in which he sued a former business partner and lost. The highest court to which Raymond's case can possibly eventually be appealed is