Question 1

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

Accepted Answer

Garnishment is a legal process where a creditor collects a debt by intercepting funds owed to the debtor. This can include wage garnishment, bank account garnishment, and other types of asset seizure.

Question 2

The federal government appoints all judges in Canada.

Accepted Answer

Judges in Canada are appointed by the federal government, but through a process that involves input and recommendation from various independent bodies, such as judicial advisory committees, provincial attorneys general, and the Parliament. The goal of this process is to ensure that judges are impartial and independent.

Question 3

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

Accepted Answer

A judgment can only be enforced in jurisdictions that recognize and have reciprocal enforcement agreements with the jurisdiction where the judgment was obtained. There are limitations and procedures for enforcing foreign judgments, and not all countries or states have the same laws and requirements.

Question 4

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 the small claims court is simpler and more informal than the procedure in superior trial level court. There are also some differences in the types of cases that can be heard and the amounts of damages that can be claimed.

Question 5

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 6

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 called "forum shopping" and it is allowed in Canada. The plaintiff can choose to sue either in the province where the defendant resides or in the province where the cause of action arose.

Question 7

The Tax Court of Canada is considered a superior court.

Accepted Answer

The Tax Court of Canada is considered a superior court and has the same powers as a federal court.

Question 8

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

Accepted Answer

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

Question 9

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 10

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

Accepted Answer

Depending on the nature of the business and the industry it operates in, businesses may be subject to regulations from both the federal and provincial levels of government. For example, a business that operates in the banking industry will likely be subject to federal regulations from the Office of the Superintendent of Financial Institutions Canada (OSFI), as well as provincial regulations from the provincial securities regulator.

Question 11

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 has to...

Question 12

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 13

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

Accepted Answer

The executive branch of government, which includes the President and his/her administration, is responsible for the regulation of various industries and areas of public life through regulatory bodies. These bodies are often created by legislation passed by Congress, but their day-to-day operations and enforcement of regulations are under the responsibility of the executive branch.

Question 14

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

Accepted Answer

This statement is false. With the rise of e-commerce, jurisdictional issues in online transactions have become more complex. Courts may have jurisdiction over a company based on factors such as where the company conducts business or where the customer resides. Additionally, in some cases, parties may agree to the jurisdiction in a contract.

Question 15

The emphasis of mental health courts is punishment.

Accepted Answer

The emphasis of mental health courts is on treatment and rehabilitation, rather than punishment. These courts aim to address the underlying mental health issues that may have contributed to a person's involvement in the criminal justice system and work towards reducing their likelihood of reoffending.

Question 16

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 can be presented at trial and how that evidence can be presented. This helps ensure fairness and reliability in the legal process.

Question 17

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

Accepted Answer

Both the federal and provincial governments have established administrative tribunals that have powers and duties assigned to them by specific legislation. These tribunals have the authority to make decisions and resolve disputes in various areas such as employment, human rights, immigration, and environmental matters.

Question 18

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

When a cause of action arises in one province and the plaintiff and defendant live in other provinces, the person suing can generally sue in the province where the cause of action arose, where the contract was signed, or where the defendant can be served with legal documents. This principle is known as "forum non conveniens".

Question 19

The emphasis of drug treatment courts is incarceration.

Accepted Answer

The emphasis of drug treatment courts is on rehabilitation and treatment, rather than incarceration. The goal is to address the underlying addiction issues that led to criminal behavior, and provide support to help individuals overcome addiction and reintegrate into society. Incarceration may be used as a last resort for those who do not comply with treatment or continue to commit crimes.

Question 20

Juries are limited to criminal matters.

Accepted Answer

Juries can be used in both criminal and civil cases.

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