Question 1

Joe owns a house and wants to make an addition that would double its size.He applies to the city hall for a building permit but is amazed by a new policy instituted by the engineering department that restricts the size of all buildings to 50% of the lot size.This is considerably less than what he wants,and his request for a building permit is refused.Angry,he decides to proceed anyway.Later,Joe finds out from a friend that on the agenda for the next closed session of council (to be held in two days)there is a request for an order to set an example of Joe and to demolish his addition.What should Joe do with respect to his legal position?
A)Joe should go to the court asking for a writ of mandamus.
B)Joe should go to the court asking for a writ of certiorari.
C)Even if Joe finds out that the city council is planning to take action against him,there is nothing he can do as he did fail to get a permit.
D)If Joe found out that the council had met and decided to demolish his addition,there is nothing he could do now,as the decision has been made.
E)Joe should apply to the court for certiorari and an injunction.

Accepted Answer

Joe should apply to the court for certiorari and an injunction. Certiorari is a legal action in which a court is asked to review the decision of a government agency, in this case, the decision to refuse Joe's building permit. An injunction is a court order that would prevent the city council from demolishing Joe's addition until the court has made a ruling on the legality of the council's actions. This is the best option for Joe to protect his legal position and prevent the demolition of his addition.

Question 2

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

Accepted Answer

Alternative dispute resolution (ADR) is a way for parties to resolve their disputes outside of court, through methods such as mediation or arbitration. By using ADR, parties can often reach a resolution that satisfies all parties without the need for court intervention, which can result in costly and time-consuming penalties. Therefore, ADR can help parties avoid court-imposed penalties.

Question 3

Sandamali had been running a business in a small municipality for a number of years.She wasn't always up to date on the relevant legal issues facing her business,but she always acted ethically and treated her customers well.After a number of notices from the municipality went unanswered,Sandamali had her business licence withdrawn.Which of the following would not be grounds upon which she might challenge the decision?
A)The legislation was intra vires.
B)The regulations relied on were not authorized by statute.
C)The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power.
D)The legislation was invalid under the Charter of Rights and Freedoms.
E)The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act,1867.

Accepted Answer

The term "intra vires" means within the powers of the body that enacted the legislation, implying that the legislation was properly enacted within the legal authority of the municipality or relevant government body. Therefore, arguing that the legislation was intra vires would not be a ground to challenge the decision, as it suggests the legislation was valid and within legal authority.

Question 4

You can always count on a mediated process to be fair.

Accepted Answer

While the goal of mediation is to facilitate a fair and balanced outcome for all parties involved, the mediator's role is not to make decisions or rulings. It is ultimately up to the parties themselves to come to a mutually agreeable solution, which may not always be entirely fair in the eyes of each party. Additionally, factors such as power imbalances between parties, lack of full disclosure of information, and other complications can affect the fairness of the process.

Question 5

Jones operated a local movie theatre in a small town that had fallen on hard times.As a last ditch effort to attract customers,he decided to show pornographic movies.From the week the change was made,the theatre had to turn away customers on a regular basis.The local town council was quite upset,however,especially since a number of them represented a conservative and religious constituency.They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that.They then decided to increase the licence fee from the regular $50 per year to $15,000 per year.Jones was notified of the fact that this course of action was being considered,and he was given a chance to appear before the council to state his case.He did so,but the council decided to go ahead with the decision in any case.This,of course,would force Jones out of business,and so Jones,after exhausting any local remedies and appeals,took the matter to court.Which of the following accurately indicates the legal position of the parties?
A)Jones will be successful and will seek an order of mandamus.
B)Jones will be successful since this is an attempt by a municipal council to indirectly pass criminal law,which is under federal jurisdiction.
C)The municipal council's decision will stand since this is a proper use of their licensing power.
D)Jones will be successful and will seek an order of prohibition.
E)Jones will not be successful since the decision has been made and he has exhausted his remedies.

Accepted Answer

The municipal council's attempt to increase the license fee from $50 to $15,000 per year, specifically because they disapproved of the content being shown, can be seen as an indirect attempt to regulate the content of the movies, which falls under the jurisdiction of criminal law, a matter typically reserved for federal or national government, not local councils. This action could be viewed as an attempt to circumvent the limitations on their power by using licensing fees to achieve what they cannot directly legislate on, thus making Jones' position legally stronger.

Question 6

Mediation is a concept developed in the past decade.

Accepted Answer

Mediation is not a concept developed in the past decade. It has been practiced for centuries and has its roots in various cultures and belief systems. However, mediation as a formal process with trained mediators and established procedures has gained popularity in recent times.

Question 7

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?
A)Joe,a landlord,applied to the appropriate board for relief from certain restrictions under the residential tenancy act.His request was refused.To his surprise,at the beginning of the session,one of the board members declared that he was the father of one of his tenants.He did this so that the all parties would be aware of any bias he might have and not be affected by it.
B)Joe,a student,was refused a graduate research grant to study the Muslim religion by a government funding body because it was inappropriate,Joe being Jewish.
C)Joe was applying for a government student loan and was refused because he was not registered in a recognized program.The regulations set out what constituted a recognized program,but the statute creating the loans program was silent with respect to this restriction.Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.
D)Joe operated an art gallery and had a showing of very controversial nude photos of children.He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality.
E)Joe applied for a liquor licence for his night club.His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee.

Accepted Answer

The answer of In which one of the following situations...

Question 8

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ________."
A)fair hearing
B)procedural fairness
C)fundamental justice
D)natural justice
E)the Supreme Court

Accepted Answer

The correct answer is C, as Section 7 of the Charter requires that all decisions depriving a person of life, liberty, and security of person must be made in accordance with the principles of fundamental justice. This means that such decisions must be fair, just, and equitable, and they must conform to the basic principles of Canadian law. Options A, B, D, and E are incorrect, as they do not accurately reflect the language or intent of Section 7 of the Charter.

Question 9

Negotiation only works when both parties are willing to make concessions.

Accepted Answer

In a negotiation, both parties need to work towards a mutually beneficial agreement. This often involves compromises and concessions from both sides. If only one party is willing to make concessions, the negotiation will likely fail as the other party will feel they are not being heard or valued. Therefore, it is important for both parties to be open to making concessions in order for a negotiation to be successful.

Question 10

Sam operated a restaurant and George,a health inspector,visited the premises.Finding that one of the waiters had AIDS,George ordered the restaurant closed,using a section of the regulations allowing such closures to prevent the spread of contagious diseases.Sam was very unhappy about the loss of business but didn't want to fire his waiter.He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS,even though AIDS had been specifically included in the regulations.Which of the following is incorrect with respect to Sam's legal position?
A)Sam can reopen the restaurant.
B)Sam can bring a court action for certiorari to have the decision of the health inspector quashed.
C)If there is a privative clause in the statute making the decision of the health inspector final,there is nothing Sam can do.
D)Sam can ask for an order of prohibition to prevent any similar action in the future.
E)Sam can challenge the action even though the closure was authorized in the regulations.

Accepted Answer

EOption C is incorrect because even if there is a privative clause, courts can still review decisions for jurisdictional errors or if they are made in bad faith. Option E is correct because regulations that contradict the statute they are derived from can be challenged in court, as statutes take precedence over regulations.

Question 11

Contracts requiring arbitration are becoming more common.

Accepted Answer

Contracts requiring arbitration have been increasing in popularity over the years.

Question 12

What constitutes fair treatment will vary with the circumstances,but the minimum standards of ________,otherwise known as the rules of natural justice,set a basic standard.
A)procedural fairness
B)fair hearing
C)rights
D)involvement
E)judicial review

Accepted Answer

The minimum standards of fair treatment are known as the rules of natural justice, and they require procedural fairness, which includes the right to a fair hearing and involvement in the process. Rights and judicial review may be part of procedural fairness, but the best answer that encompasses all aspects is A, procedural fairness.

Question 13

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.
A)Before a government agency can take action that interferes with someone's rights,legislation must have been passed to permit that action.
B)The exercise of governmental power is subject to a number of constitutional limitations.
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.
D)The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation.
E)Statutes often restrict the power of government officials.

Accepted Answer

The statement in option D is false. The power of government officials to interfere with individuals' rights does NOT operate independently of any legislation. It is the legislation that grants and limits the power of government officials.

Question 14

A successful negotiation has the potential of enhancing a business relationship.

Accepted Answer

A successful negotiation often leads to a win-win outcome for both parties, which can strengthen trust and collaboration in the business relationship.

Question 15

Max operated a movie theatre in a small community and,because of financial problems,decided to show pornographic movies.The citizens were outraged when they learned about the change and demanded that the police close down the store.The police refused,saying there was no law against it.The citizens then persuaded the town council to pass a bylaw making such immoral activities a crime.This was done,and Max was ordered by the police to close down the theatre.Which of the following accurately describes Max's legal position?
A)He must close down the theatre because the town council has the power to require him to conform to such a provision.
B)He must close down whether or not the town council has the power because,once it is clear that the standards of the community designate a particular business as offensive,that business cannot be allowed to continue.
C)He can obtain a court order to stay open because the town council had no power to make such activities a crime.
D)He can stay open but cannot advertise in any way to promote this activity.
E)Because this is a moral matter,no level of government can interfere with his right to operate such a business anywhere he wants.

Accepted Answer

The town council may not have the authority to criminalize activities that are not already defined as illegal under higher levels of government law, such as state or federal law. Max could argue that the bylaw infringes on his rights or exceeds the council's powers.

Question 16

A court will invariably disregard a mediated settlement.

Accepted Answer

A court will usually uphold a mediated settlement as long as it meets certain legal requirements and is not contrary to public policy.

Question 17

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?
A)Did the tribunal make the same decision that a court would have made?
B)Is the statute that created the tribunal ultra vires under the Constitution Act,1867?
C)Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms?
D)Is the tribunal acting within the power given to it by statute?
E)Did the tribunal follow the rules of natural justice?

Accepted Answer

The question of whether a tribunal made the same decision that a court would have made is not relevant to determining if its decision is subject to judicial review. Judicial review focuses on legality, jurisdiction, and adherence to principles of natural justice, not on mirroring court decisions.

Question 18

People are generally more willing to comply with court decisions than mediated agreements.

Accepted Answer

People are generally more willing to comply with mediated agreements because they have played an active role in crafting the agreement and therefore have a sense of ownership over it. Court decisions, on the other hand, are imposed on parties and may not necessarily reflect their individual preferences or interests.

Question 19

The job of the mediator is to help the parties come to an agreement,not to make a decision for them.

Accepted Answer

The mediator's role is to facilitate communication and negotiation between the parties, and to guide them towards a mutually acceptable resolution. The mediator should not impose or force a decision on the parties.

Question 20

Which of the following statements regarding administrative law is true?
A)Administrative tribunals are part of the legislative branch of government when they make rules,and are part of the judicial branch of government when the hold hearings.
B)A government bureaucrat acting in a regulatory capacity can do anything incidental to the performance of her job.
C)As long as government agents administer government policy,individuals have no right to challenge their authority.
D)Administrative tribunals include labour relations boards,human rights commissions,and workers' compensation boards.
E)Administrative tribunals tend to be less efficient,slower,and more costly than the courts.

Accepted Answer

Administrative tribunals such as labour relations boards, human rights commissions, and workers' compensation boards are examples of administrative bodies that operate independently from the legislative or executive branches of government. They are responsible for applying and interpreting laws within their specific areas of jurisdiction.

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

Alternative dispute resolution is a way to avoid penalties imposed by the courts.

You can always count on a mediated process to be fair.

Mediation is a concept developed in the past decade.

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ________."

Negotiation only works when both parties are willing to make concessions.

Contracts requiring arbitration are becoming more common.

What constitutes fair treatment will vary with the circumstances,but the minimum standards of ________,otherwise known as the rules of natural justice,set a basic standard.

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.

A successful negotiation has the potential of enhancing a business relationship.

A court will invariably disregard a mediated settlement.

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?

People are generally more willing to comply with court decisions than mediated agreements.

The job of the mediator is to help the parties come to an agreement,not to make a decision for them.

Which of the following statements regarding administrative law is true?