Question 1

Before a person can commence a suit, he or she must have standing to sue.

Accepted Answer

This is true. Standing refers to the legal right to bring a lawsuit. To have standing, a person must show that they have suffered or are likely to suffer an injury that can be addressed by a court. Without standing, a case cannot proceed.

Question 2

A statement of defence cannot be combined with a counterclaim.

Accepted Answer

A statement of defence can include a counterclaim that the defendant is making against the plaintiff. So, a counterclaim can be combined with a statement of defence.

Question 3

The is/are model(s) of legal aid that are used in Canada.

Accepted Answer

There are two models of legal aid used in Canada: the Judicare model, which involves assigning private lawyers to represent clients; and the Staff model, which involves employing lawyers directly within the legal aid system.

Question 4

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 law suit. This kind of law suit is known as

Accepted Answer

The described law suit is a class action, which is a type of lawsuit where a large group of individuals collectively sue a defendant for similar claims. Mary is serving as the representative for all of the women workers at the plant who are facing wage discrimination.

Question 5

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

Accepted Answer

The two models of legal aid that are used in Canada are the community legal clinic model and the judicare model. The community legal clinic model provides free legal services to low-income individuals and families through community legal clinics. The judicare model provides legal aid services through a voucher system, in which eligible individuals are provided with a voucher that can be used to pay for legal representation from private lawyers. Therefore, the best choice is E.

Question 6

There two models of legal aid that are used in Canada.

Accepted Answer

There are two models of legal aid in Canada: the staff model and the certificate model.

Question 7

If parties to mediation do not reach a settlement, the mediator will render a binding decision.

Accepted Answer

Mediators do not render binding decisions. Their role is to facilitate communication and negotiation between the parties to help them reach a mutually acceptable settlement. If the parties do not reach a settlement, they are free to pursue other options such as arbitration, litigation or simply walk away from the dispute.

Question 8

Equity is currently separate from the common law.

Accepted Answer

Equity is a branch of law that developed alongside the common law to remedy its deficiencies and provide justice in cases where the strict rules of common law would result in an unfair outcome. Equity and common law have been administered concurrently in the same courts for many years.

Question 9

The legal profession is organized on a national basis in Canada.

Accepted Answer

The legal profession in Canada is not organized on a national basis, but rather on a provincial or territorial basis. Each province and territory has its own law society that regulates the legal profession within its jurisdiction.

Question 10

The oldest form of ADR is

Accepted Answer

Arbitration is the oldest form of ADR, dating back to ancient times.

Question 11

In England, the lawyer who is handed a brief is known as

Accepted Answer

In England, a barrister is a type of lawyer who is typically handed a brief to represent clients in court. Solicitors usually prepare the case and may instruct a barrister to appear in court on behalf of the client.

Question 12

In which alternative dispute resolution method does a neutral third party assist the parties to reach a resolution?

Accepted Answer

In mediation, a neutral third party (the mediator) assists the parties in reaching a resolution, but does not make a decision or impose a solution like in arbitration or adjudication. The parties are encouraged to negotiate and come to an agreement on their own, with the guidance of the mediator.

Question 13

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

Substantive law defines the legal relationship between individuals and the state or between individuals, while procedural law provides the methods or processes by which substantive law is enforced.

Question 14

In Canada, like England, the legal profession is divided in Barristers & Solicitors.

Accepted Answer

The answer of In Canada, like England, the legal profession...

Question 15

In Canada, the legal profession is not divided into Barristers & Solicitors.

Accepted Answer

In Canada, lawyers are not divided into barristers and solicitors. Instead, all lawyers are licensed to practice both roles.

Question 16

Jake decides to sue Mary and consults a lawyer. Because Jake 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 is when the lawyer's fee is dependent on the outcome of the case. In this case, the lawyer's fee is a percentage of the damages that Jake collects if he wins.

Question 17

Most provinces in Canada permit contingency fee arrangements.

Accepted Answer

Most provinces in Canada do allow contingency fee arrangements, which means that a lawyer's fee is contingent upon the outcome of a case. This can make legal representation more affordable for clients who may not have the resources to pay for a lawyer up front. However, there are regulations around contingency fees, such as a cap on the percentage of the settlement that the lawyer can collect as their fee.

Question 18

Constitutional and Administrative law are all part of

Accepted Answer

Constitutional and Administrative law are both branches of public law, which deals with the relationship between the government and the people. Municipal law is a subset of public law that relates specifically to local government, whereas contract law and law of procedure are both branches of private law, which deals with the relationships between private individuals and businesses.

Question 19

ADR means

Accepted Answer

ADR stands for Alternative Dispute Resolution, which refers to a variety of methods used to resolve disputes outside of court, such as negotiation, mediation, and arbitration.

Question 20

ADR means, Alternative Decisions Reasoning.

Accepted Answer

The correct abbreviation for Alternative Dispute Resolution is ADR, not Alternative Decisions Reasoning.

Quiz 2: The Machinery of Justice