Question 1

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 2

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 under the rules of jurisdiction in Canada. The plaintiff can choose to sue in the province where the defendant resides or in the province where the cause of action arose. There may be some exceptions and specific circumstances that could affect this general rule.

Question 3

The Tax Court of Canada is considered a superior court.

Accepted Answer

The Tax Court of Canada is considered a superior court according to the Courts Administration Service. This means that its decisions can only be appealed to the Federal Court of Appeal or the Supreme Court of Canada.

Question 4

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

Accepted Answer

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

Question 5

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 simplified and less formal than that used in the superior trial level court of the province. There are also different rules and limitations on the amount of money that can be claimed in small claims court compared to the superior court.

Question 6

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

Accepted Answer

Garnishment is a legal process that allows creditors to intercept or seize funds owed to the judgment debtor, such as wages, bank accounts, or rental income.

Question 7

Juries are limited to criminal matters.

Accepted Answer

Juries can also be used in civil cases.

Question 8

When, in an assault 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 fact.

Accepted Answer

This is an example of a question of law, as it concerns whether James's actions were legally justified, rather than an issue of whether a certain event (e.g. the name-calling) actually occurred.

Question 9

The emphasis of mental health courts is punishment.

Accepted Answer

Mental health courts focus on providing treatment and support for individuals with mental health issues, rather than emphasizing punishment.

Question 10

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 the jurisdiction where it was obtained, unless there is a treaty or agreement between the jurisdictions allowing for enforcement of foreign judgments.

Question 11

When a court has to decide in an assault case whether Joe really did hit James, this is an example of a question of fact.

Accepted Answer

A question of fact is one that deals with objective, tangible evidence and is therefore determined by a judge or jury. In this case, the fact of whether or not Joe hit James can be determined by examining the evidence presented in court.

Question 12

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 define what evidence is admissible in court and what is not, including the type of testimony that witnesses can provide. These rules are established to ensure a fair trial and to help the judge or jury make informed decisions based on reliable evidence.

Question 13

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

Accepted Answer

Jurisdiction in Internet transactions can sometimes depend on various factors including the location of servers, the type of website, and the actions of the defendant. It is not always the case that an action can only be brought where the defendant company is physically located.

Question 14

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 cases where the plaintiff and defendant reside in different provinces, the plaintiff may have the option to sue in either the province where the cause of action arose or the province where the defendant resides. This is known as the "real and substantial connection" test, which considers factors such as the nature of the dispute and the location of witnesses and evidence.

Question 15

The federal government appoints all judges in Canada.

Accepted Answer

While the federal government plays a significant role in appointing judges to federal courts, such as the Supreme Court of Canada, the appointment of judges in Canada is also influenced by provincial governments and judicial advisory committees. Provincial governments appoint judges to provincial courts and may have their own selection processes in place. Judicial advisory committees are independent bodies that evaluate potential judges and provide recommendations to the government.

Question 16

When, in an assault 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 an assault case, the court...

Question 17

When a court has to decide in an assault action whether Joe really did hit James, this is a question of law.

Accepted Answer

This is a question of fact, not a question of law. The court must determine what actually happened in the incident, which is a matter of fact. The law comes into play when determining whether Joe's actions meet the legal definition of assault and what the legal consequences should be.

Question 18

Being charged with speeding is an example of a civil dispute.

Accepted Answer

Being charged with speeding is a violation of a criminal law, not a civil dispute.

Question 19

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 20

The emphasis of drug treatment courts is incarceration.

Accepted Answer

The emphasis of drug treatment courts is on rehabilitation and addressing the root causes of addiction, rather than solely on incarceration.

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