Question 1

Once a judgment has been obtained, it can be enforced in any jurisdiction in the world.

Accepted Answer

A judgment obtained in one jurisdiction may not necessarily be enforceable in another jurisdiction without additional legal proceedings and recognition by the foreign jurisdiction's courts. The enforcement of foreign judgments is often governed by international treaties, reciprocal agreements, and local laws. However, even with recognition, enforcement may still be subject to limitations and challenges in certain jurisdictions.

Question 2

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can only bring an action where that cause of action arose.

Accepted Answer

In Canada, the plaintiff can often choose to bring an action either in the province where the cause of action arose or in a province where the defendant resides or carries on business, depending on the nature of the case and the applicable rules of private international law and jurisdiction.

Question 3

The Tax Court of Canada is considered a superior court.

Accepted Answer

The Tax Court of Canada is considered a superior court, meaning it has powers and jurisdiction that exceed those of lower courts. Its decisions are also considered binding precedents for lower courts.

Question 4

The emphasis of drug treatment courts is incarceration.

Accepted Answer

The emphasis of drug treatment courts is on rehabilitation and treating addiction rather than solely on incarceration. While participants are held accountable for their actions and may face consequences for non-compliance with the program, the ultimate goal is to help them overcome their addiction and break the cycle of drug use and criminal behavior.

Question 5

Juries are limited to criminal matters.

Accepted Answer

Juries are not limited to criminal matters. They can also serve in civil trials.

Question 6

Some businesses may be subject to both federal and provincial regulations.

Accepted Answer

This is true as businesses operating in Canada may be subject to both federal and provincial regulations, depending on the industry and location of the business.

Question 7

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

This is generally true, as the plaintiff can typically choose to sue in either the province where the defendant resides or where the cause of action arose. However, there may be certain exceptions or limitations depending on the specific laws and circumstances involved.

Question 8

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

Accepted Answer

In Canada, a plaintiff can sue a defendant in any province where the cause of action arose, where the defendant resides, or where the defendant carries on business. This is outlined in the Court Jurisdiction and Proceedings Transfer Act.

Question 9

When, in a battery case, the court has to decide whether the nasty names Joe called James justified James hitting Joe, this is an example of a question of law.

Accepted Answer

The answer of When, in a battery case, the court...

Question 10

The emphasis of mental health courts is punishment.

Accepted Answer

The emphasis of mental health courts is not punishment, but rather treatment and rehabilitation for individuals with mental illnesses who have committed crimes. The goal is to address the underlying mental health issues that may have contributed to their criminal behavior and reduce the likelihood of future offenses.

Question 11

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

Accepted Answer

With the rise of e-commerce and online transactions, courts have recognized the concept of "virtual presence" and have expanded the jurisdiction to include companies that conduct business online, even if they do not have physical presence in the jurisdiction where the plaintiff is located. The specific rules and requirements vary by jurisdiction, but generally, courts will look at factors such as the volume of transactions, the nature of the business, and the level of interactivity with customers in determining whether they have personal jurisdiction over the defendant company.

Question 12

Solicitor-client costs are those most commonly awarded.

Accepted Answer

Solicitor-client costs are not the most commonly awarded; rather, party-and-party costs are more frequently awarded in litigation. Solicitor-client costs are awarded in less common circumstances and are intended to cover a higher percentage of the actual legal costs incurred by the winning party.

Question 13

Both the federal and provincial governments have administrative tribunals that can affect us.

Accepted Answer

Both the federal and provincial governments in Canada have administrative tribunals that have the power to make decisions and rulings that can affect individuals, businesses, and organizations. These tribunals are designed to provide an alternative to traditional court proceedings and generally have expertise in specialized areas such as labour relations, human rights, or environmental issues. Examples of federal administrative tribunals include the Immigration and Refugee Board and the Canadian Radio-television and Telecommunications Commission, while provincial examples include the Ontario Municipal Board and the Alberta Labour Relations Board.

Question 14

The procedure in the small claims court is the same as that used in the superior trial level court of the province.

Accepted Answer

The procedure in small claims court is simplified and less formal than that used in superior trial level court.

Question 15

All methods of execution or enforcement require that a judgment first be obtained.

Accepted Answer

Some methods of enforcement, such as administrative or regulatory actions, do not require a judicial judgment to be obtained first. For example, tax liens or regulatory fines can be imposed directly by the relevant authority without going through the court.

Question 16

The federal government appoints all judges in Canada.

Accepted Answer

While the federal government does appoint judges to federal courts, in most provinces and territories the appointment of judges to provincial courts is the responsibility of the provincial governments.

Question 17

The Supreme Court of Canada only hears appeals from other courts.

Accepted Answer

The answer of The Supreme Court of Canada only hears...

Question 18

The executive branch of government is responsible for regulatory bodies created by legislation.

Accepted Answer

The executive branch of government is responsible for implementing and enforcing laws, which includes regulatory bodies created by legislation.

Question 19

Garnishment involves the interception of funds owed to the judgment debtor.

Accepted Answer

Garnishment is the legal process by which a creditor obtains a court order to take money or property from a debtor to pay off a debt. It involves intercepting funds owed to the judgment debtor, such as wages, bank account balances, or rent payments. Therefore, the statement is true.

Question 20

The rules of evidence govern the type of testimony that can be obtained from witnesses and all other types of evidence to be submitted at trial.

Accepted Answer

The statement is true. The rules of evidence dictate what types of evidence and testimony can be presented at trial.

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