Question 1

The merger of the courts of chancery with the courts of common law has resulted in judges abandoning the philosophy of equity when deciding cases.

Accepted Answer

The merger of the courts of chancery with the courts of common law has not resulted in judges abandoning the philosophy of equity when deciding cases. Equity still plays an important role in modern common law jurisdictions.

Question 2

English common law is based on laws that are codified.

Accepted Answer

English common law is based on judicial decisions and precedents rather than codified laws.

Question 3

An arbitration is presided over by a mediator whose decision is binding on the parties to the arbitration.

Accepted Answer

In arbitration, the process is presided over by an arbitrator (not a mediator), and the arbitrator's decision is binding on the parties. Mediation involves a mediator who helps the parties reach a voluntary agreement, without making a binding decision.

Question 4

The primary goals of the common law when it was developed were

Accepted Answer

The primary goals of the common law were consistency and predictability, which means that the law would be applied uniformly to similar cases and that people could predict the outcome of their legal disputes based on what had happened in similar cases in the past. These goals ensured that the law was seen as fair and just, and that the legal system was reliable and trustworthy.

Question 5

The two models of legal aid that are used in Canada are the

Accepted Answer

Community legal clinics offer legal assistance to people who cannot afford a lawyer, while Judicare connects low-income individuals with private lawyers who provide legal services free of charge. Together, these models cover a range of legal issues and ensure access to justice for those who cannot afford it.

Question 6

Jack decides to sue Mary and consults a lawyer.Because Jack had very little money,the lawyer agrees that his fees will take the form of a percentage of the damages Jake collects if he wins.The lawyer's fee arrangement is a

Accepted Answer

A contingent fee arrangement involves the lawyer's fees being based on a percentage of the amount won by the client in a lawsuit. This arrangement is commonly used when a client cannot afford to pay a lawyer upfront and helps to ensure that the lawyer is motivated to win the case since their fees are directly tied to the outcome.

Question 7

Mary owes Jack $15 000 in unpaid bills.Mary and Jack enter into an agreement.Jack is required to pay Mary $20 000 for the delivery of certain products.Jack is unable to pay and Mary sues Jack.Under the circumstances,Jack may also

Accepted Answer

By counterclaiming for $15 000, Jack is able to offset the amount he owes Mary, which may result in a reduction in the amount he has to pay.

Question 8

In any jurisdiction of Canada,such as Ontario,the rule is that the decision of a higher court is binding on a lower court.

Accepted Answer

This is a fundamental principle of the Canadian legal system known as the doctrine of stare decisis, which means that lower courts must follow the legal precedents established by higher courts.

Question 9

Administrative agencies derive their authority from regulations passed under statutes.

Accepted Answer

Administrative agencies are created by Congress through statutes, and they derive their authority from the regulations passed under those statutes.

Question 10

Specific performance and contempt of court are examples of

Accepted Answer

Specific performance and contempt of court are both equitable remedies, which are remedies issued by a court of equity (as opposed to a court of law) to enforce rights and provide relief for harms. Common law rules (A) refer to legal rules established by court decisions, and rules of the law merchant (B) refer to commercial regulations developed in merchant courts during the Middle Ages. Rules of canon law (C) refer to the body of law developed by the Catholic Church. Subordinate legislation (E) refers to regulations created by administrative agencies or other bodies with delegated lawmaking authority.

Question 11

Law created by administrative agencies that are authorized by statute to make laws for certain purposes is called

Accepted Answer

Subordinate legislation is law created by administrative agencies that are authorized by statute to make laws for certain purposes.

Question 12

In class action proceedings

Accepted Answer

In class action proceedings, a plaintiff applies to court to represent a class of plaintiffs with similar claims. This allows multiple separate claims to be consolidated into one trial, which can be more efficient and cost-effective for all parties involved. Legal aid may be available for those who qualify, but it is not automatically provided, and punitive damages are not always awarded. The court may appoint a lawyer to represent the class, but this is not a guarantee and is typically only done in certain circumstances.

Question 13

Which of the following is NOT/are NOT a Federal Court of Canada?

Accepted Answer

The Federal Family Court is not a Federal Court of Canada. The other options (Federal Court of Canada, Supreme Court of Canada, Tax Court) are all Federal Courts of Canada.

Question 14

Which of the following is NOT one of the tiers of courts in Canada?

Accepted Answer

Circuit courts are not part of the court system in Canada.

Question 15

Standing to sue is recognized by a court when a litigant

Accepted Answer

Standing to sue is recognized when the litigant has a direct interest in a matter and/or whose rights are specifically affected by another. This means that the litigant must have a stake in the outcome of the case and that the court can actually provide relief for their claimed injury. The other options listed do not relate to standing to sue.

Question 16

The privilege between a doctor and his or her patient is recognized by law in the same way as solicitor-client privilege.

Accepted Answer

The answer of The privilege between a doctor and his...

Question 17

Substantive law deals with the rights and duties of each person in society,and procedural law deals with the machinery to enforce those rights.

Accepted Answer

This statement accurately describes the difference between substantive and procedural law.

Question 18

Mary works at a bread-making factory.All the women workers at the plant are paid lower wages than their male counterparts for the same work.The women workers decide to sue.They decide that Mary should represent all of them in a lawsuit.This kind of lawsuit is known as

Accepted Answer

This is a class action lawsuit because Mary is representing all of the women workers who have been paid lower wages for the same work, rather than filing individual lawsuits.

Question 19

The two main sources of law are

Accepted Answer

Judge-made law, also known as common law, and statute law are the two main sources of law in many common law systems such as the United States and the United Kingdom. Subordinate legislation refers to laws made by government agencies or bodies under the authority of an Act of Parliament or another primary source of law. Canon law refers to laws and regulations established by the Catholic Church, and equity refers to a body of legal principles developed by English courts of chancery to provide remedies that were not available under common law. While these sources may be important in specific contexts, they are not generally considered the two main sources of law.

Question 20

One of the main advantages of alternative dispute resolution over courts is the fact that cases are resolved more promptly.

Accepted Answer

Alternative dispute resolution methods like mediation and arbitration often have a more streamlined process than traditional court proceedings, which can lead to quicker resolution of disputes.

Quiz 2: The Machinery of Justice