Question 1

A number of commentators have referred to litigation as a "lottery." By using that word,they are suggesting that

Accepted Answer

Referring to litigation as a "lottery" suggests that the results can be unpredictable and the outcome is only as predictable as a matter of chance, just like in a lottery where the chances of winning are uncertain. It does not necessarily imply that jurors are selected randomly, that there are more losers than winners, that trials are heavily regulated, or that cases involve gambling debts.

Question 2

Which of the following statements is TRUE with respect to remedies?

Accepted Answer

If a judgment debtor is bankrupt, a claimant may be able to fully enforce a judgment against assets held in trust for them. Other creditors may receive a dividend from the remaining estate, but it may be less than the debts owed to them. Option A is incorrect because nominal damages are damages awarded when the plaintiff's harm is minimal or non-existent, regardless of whether the defendant is an individual or a corporation. Option B is incorrect because punitive damages can be awarded in civil proceedings. Option D is incorrect because not every law society has an assurance fund to compensate claimants. Option E is incorrect because nominal damages are awarded when there is a technical violation of the plaintiff's rights, regardless of the number of plaintiffs involved in a case.

Question 3

Kaelen works as a sales representative for a large book publisher.She was recently held liable in tort and ordered to pay $35 000 to Antony.Which of the following statements is TRUE?

Accepted Answer

The garnishee process allows Antony to directly receive some of Kaelen's wages from her employer to satisfy the judgment.

Question 4

Marisa successfully sued Ivan,a stockbroker who works for Blue Sky Investments,for breach of contract.The court held that Ivan's breach caused Marisa to suffer a financial loss of $50 000.The court also held that Ivan is personally liable to pay that amount to Marisa.Which of the following statements is TRUE?

Accepted Answer

Garnishing the non-exempt portion of Ivan's income is a possible method of collecting the debt owed by Ivan to Marisa. Option A is incorrect because the damages awarded in this case were compensatory damages, not punitive damages. Option B is also incorrect because an award of damages is not the same as an order for specific performance, which would require that Ivan fulfill the terms of the breached contract. Option C is incorrect because Marisa is the judgment creditor, not the judgment debtor. Option D is incorrect because seizing and selling all of Ivan's assets may not be necessary or appropriate to satisfy the debt owed to Marisa.

Question 5

Kyle and Jack live in BC and are being sued by their landlord,Saurabh,for failing to pay their rent.Which of the following is false regarding the lawsuit?

Accepted Answer

Kyle and Jack cannot avoid liability for the lawsuit by simply moving to a different province. The jurisdiction will depend on where the infraction took place, and the court will have formal methods to enforce a claim in another jurisdiction. Moving to a different province does not absolve them of their obligation to pay rent or of their legal responsibilities.

Question 6

Arvid Dunston was severely injured when a large rock tumbled off a steep cliff and crashed through his windshield as he drove.Arvid sued the company that manufactured his vehicle on the basis that it had tortiously failed to use a type of glass that might have prevented the rock from entering the vehicle.He also sued the provincial government on the basis that the government had tortiously failed to inspect the area for rocks that might fall onto the road and hurt motorists.Which of the following statements is TRUE?

Accepted Answer

In civil cases, including those against private companies and the government, the standard of proof is the balance of probabilities.

Question 7

Rejean is a world class athlete,who was recently suspended by the Canadian Athletics Association.If that suspension remains in place,Rejean will not be allowed to compete in the upcoming world championships.Rejean therefore hopes to quickly and conclusively have the suspension overturned.The contract that Rejean had signed with the Canadian Athletics Association gives him the right to choose any form of dispute resolution.Which of the following alternatives is likely his best option?

Accepted Answer

Arbitration allows for a quick and conclusive resolution to a dispute, which is exactly what Rejean is looking for. It also allows him to choose a neutral third party to make a binding decision, rather than having to rely on the judgment of a court. Additionally, arbitration is often less expensive than litigation and can be conducted in a private and confidential setting.

Question 8

Retailers Inc.hired Clean Air Services (CAS)to develop and install an air conditioning system in a large office complex.The system that CAS installed turned out to be grossly inadequate,largely because,contrary to the terms of its contract,it used inferior materials.It did so in order to save money and increase its profits.A court has found CAS liable for breach of contract.In terms of a remedy,the judge

Accepted Answer

The answer of Retailers Inc.hired Clean Air Services (CAS)to develop...

Question 9

Which of the following statements regarding the Supreme Court of Canada is TRUE?

Accepted Answer

The Supreme Court of Canada does occasionally hear references for advisory opinions on the constitutionality of laws in addition to appeals. Option A is incorrect as the court consists of the chief justice and eight puisne justices. Option B is incorrect as appointments to the Supreme Court are made by the federal government, not the premiers of the provinces. Option D is partially correct, as members of the court are entitled to hold office until they reach the mandatory retirement age of 75. Option E is incorrect as the court is required to hear appeals in some circumstances, such as in cases involving constitutional questions or criminal appeals.

Question 10

Which of the following statements is TRUE with respect to small claims courts?

Accepted Answer

Small claims courts are designed to provide an accessible and simplified process for resolving disputes between individuals or businesses. The procedure is typically straightforward and does not require legal representation. Lawyer's fees are not usually recoverable as costs in small claims court. Additionally, small claims court judgments may be appealed, although the process for doing so is often more limited than in other courts.

Question 11

Which of the following statements regarding the right to sue and representation in court is TRUE?

Accepted Answer

Trade unions can sue or be sued as a statutory exception to the normal rule that unincorporated associations cannot be sued as they have no legal status. This exception extends to the trade unions because of their importance in labor relations and collective bargaining. The other options are incorrect because:

A) Children and people with mental disabilities can be members of class actions, but they may require a representative to act on their behalf.
C) It is not a requirement that lawyers who act for the plaintiffs in a class action must work on a contingency fee basis.
D) A person who wants to sue the government can hire a lawyer on a contingency fee basis, but there may be limitations on the amount of fees that can be charged.
E) Paralegals can appear in both provincial and superior courts, but their role and scope of practice may be limited depending on the jurisdiction and type of case.

Question 12

Katrina is a judge in the Manitoba Court of Appeal.She is currently deciding a case regarding the rights of mothers to their unborn children.Which of the following is true in regards to Katrina's decision?

Accepted Answer

Katrina, as a judge in the Manitoba Court of Appeal, is bound by the doctrine of precedent to follow decisions from higher courts, specifically the Supreme Court of Canada, not the Supreme Court of the United States or her own court's past decisions.

Question 13

Justice Veritas is hearing a case in court.Which of the following statements is TRUE?

Accepted Answer

Hearsay rules apply to both oral and written evidence, but there are exceptions that allow for the introduction of hearsay evidence in certain circumstances.

Question 14

Lin believes that the new soft drink,Kaff Kola,has stolen her patented method for carbonating pop.She decides to sue.Which of the following is true about her lawsuit?

Accepted Answer

The option C is correct because Lin, as a mentally competent adult, has the legal capacity to sue Kaff Kola, a corporation that is also a legal person. The option A is incorrect because the rule "the King can do no wrong" is outdated and doesn't apply to modern legal systems. The option B is incorrect because a corporation is not liable for their products regardless of being a legal person or not; liability depends on factors such as negligence and intentional wrongdoing. The option D is incorrect because Kaff Kola is not a club, but a corporation, as stated in the question. The option E is incorrect because Lin can sue alone without the need for a class-action lawsuit.

Question 15

Kirndeep Khan wants to sue her employer for sexual harassment.She has therefore hired Rory McAngus to represent her.Which of the following statements is TRUE?

Accepted Answer

If Rory had insurance with adequate policy limits, Kirndeep could still receive compensation for her losses due to Rory's negligence, even if Rory is bankrupt.

Question 16

Joaquim just lost his case against Susan in his province's Supreme Court,Trial Division.He believes the verdict was wrong.Joaquim should

Accepted Answer

Joaquim should bring the case to the Court of Appeal, as it is the next step in the judicial process after a decision in the Trial Division of a provincial Supreme Court.

Question 17

Jeff is considering filing a lawsuit as a plaintiff in the province of Alberta,but he honestly doesn't think he should win.Jeff has no money and,in order to make sure he doesn't have to pay anything if he loses,he wants to self-represent.Jeff should

Accepted Answer

Even if Jeff self-represents, the judge may still award costs against him. Party and party costs can still be awarded, which provide partial indemnity for the defendant's legal fees. Therefore, it would be risky for Jeff to continue with the lawsuit if he cannot afford to pay these costs.

Question 18

Which of the following statements is TRUE with respect to small claims courts?

Accepted Answer

Small claims courts typically hear cases involving small disputes, such as contractual cases or minor personal injury claims, that fall below a certain monetary limit set by the jurisdiction.

Answer: B 
 Tax disputes are typically handled by administrative agencies and not small claims courts.

Answer: C 
 Small claims courts have limited jurisdiction and are not empowered to grant all remedies that a superior court can. They typically deal with smaller disputes and their judgments are often limited to monetary damages.

Answer: D 
 If a claim exceeds the monetary limit of a small claims court, the case must be brought in a higher court that has jurisdiction over the amount in dispute.

Answer: E 
 Small claims courts do not have the authority to order specific performance in contractual disputes. They can only award monetary damages.

Question 19

Josie lost a breach of contract case against Charles.She has now launched an appeal of the trial judge's decision.Which of the following statements is TRUE with respect to that appeal?

Accepted Answer

In Canada, most appeals are heard by a panel of three judges of the appellate court. Option A is incorrect because the appellate court can overrule the trial judge's findings of facts if they think the trial judge made an error. Option B is incorrect because the appellate court may vary the terms of the trial judge's final order. Option C is incorrect because the threshold for appealing to the Supreme Court of Canada is not based on the value of the claim, but on whether the appeal involves a question of law of public importance or one that has been decided differently by two or more courts of appeal. Option E is incorrect because an appellate court can order specific performance of a contract in some cases.

Question 20

Which of the following statements is TRUE with respect to alternative dispute resolution?

Accepted Answer

Arbitration is a process in which a third party, the arbitrator, makes a binding decision on the dispute. It is often preferred to mediation when the parties want a decision that is legally binding and enforceable.

Quiz 2: Litigation and Alternative Dispute Resolution

A number of commentators have referred to litigation as a "lottery." By using that word,they are suggesting that

Which of the following statements is TRUE with respect to remedies?

Kaelen works as a sales representative for a large book publisher.She was recently held liable in tort and ordered to pay $35 000 to Antony.Which of the following statements is TRUE?

Kyle and Jack live in BC and are being sued by their landlord,Saurabh,for failing to pay their rent.Which of the following is false regarding the lawsuit?

Which of the following statements regarding the Supreme Court of Canada is TRUE?

Which of the following statements is TRUE with respect to small claims courts?

Which of the following statements regarding the right to sue and representation in court is TRUE?

Katrina is a judge in the Manitoba Court of Appeal.She is currently deciding a case regarding the rights of mothers to their unborn children.Which of the following is true in regards to Katrina's decision?

Justice Veritas is hearing a case in court.Which of the following statements is TRUE?

Lin believes that the new soft drink,Kaff Kola,has stolen her patented method for carbonating pop.She decides to sue.Which of the following is true about her lawsuit?

Kirndeep Khan wants to sue her employer for sexual harassment.She has therefore hired Rory McAngus to represent her.Which of the following statements is TRUE?

Joaquim just lost his case against Susan in his province's Supreme Court,Trial Division.He believes the verdict was wrong.Joaquim should

Jeff is considering filing a lawsuit as a plaintiff in the province of Alberta,but he honestly doesn't think he should win.Jeff has no money and,in order to make sure he doesn't have to pay anything if he loses,he wants to self-represent.Jeff should

Which of the following statements is TRUE with respect to small claims courts?

Josie lost a breach of contract case against Charles.She has now launched an appeal of the trial judge's decision.Which of the following statements is TRUE with respect to that appeal?

Which of the following statements is TRUE with respect to alternative dispute resolution?