Business Law-Chapter 3- Resolution To Disputes-Courts And Alternatives To Litigation

Front 1

Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1 000. Ewen agreed to lend him this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce had recently completed some plumbing work for Martinson for which he was owed $2 000. If Bruce failed to pay Ewen on June 14, which of the following is true?

Back 1

Ewen could serve Martinson with a garnishing order after obtaining judgement commanding him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce.

Front 2

Which of the following statements regarding administrative law is true?

Back 2

Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards.

Front 3

Mildred and Sam's marriage breaks up, and Mildred wants possession of the house to raise the kids. Which court would deal with this action in your province?

Back 3

The family court.

Front 4

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?

Back 4

Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction.

Front 5

Which of the following is true with regard to our court system?

Back 5

There is no maximum monetary limit on a matter before the superior trial court of the province.

Front 6

Which of the following statements is true?

Back 6

ADR methods are less costly than adjudication.

Front 7

Which of the following is correct with respect to the litigation process?

Back 7

Even though a judgment is obtained, payment is not assured.

Front 8

Hank sold three properties for Mr. W and had been paid his commission for the first, but not for the last two. Hank had done everything according to the contract and according to the relevant statutes, but Mr. W wouldn't pay. Hank knows that Mr. W has a bank account with the Bank of Montreal and has money owed to him from a Mr. Gregory. If Hank successfully sued Mr. W., which of the following would be false?

Back 8

Hank could personally seize the property of Mr. Gregory to satisfy the debt.

Front 9

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?

Back 9

If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do.

Front 10

Which of the following is true with respect to recent litigation reforms?

Back 10

Several provinces have started mandatory case management, which involves judicial supervision of the litigation process.

Front 11

Which of the following is not a rule of natural justice?

Back 11

A person must be allowed to retain a lawyer.

Front 12

Which of the following will contribute to the success of a negotiation?

Back 12

All relevant information is brought forward by both sides.

Front 13

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?

Back 13

Did the tribunal make the same decision that a court would have made?

Front 14

With regard to the process of a civil law suit in a superior court, which of the following is true?

Back 14

The plaintiff must prove his case on the balance of probabilities.

Front 15

Which one of the following statements with regard to the characteristics of civil and criminal actions is true?

Back 15

A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.

Front 16

When a government administrator refuses to make a decision that she is required to make by statute, which of the following remedies is the appropriate one to obtain from the courts?

Back 16

Mandamus.

Front 17

Sandamali had been running a business in a small municipality for a number of years. She wasn't always up to dat e 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?

Back 17

The legislation was intra vires.

Front 18

Which of the following is false with regard to administrative law?

Back 18

A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal.

Front 19

In the Ontario Court of Appeal decision in Joseph v. Paramount Canada's Wonderland, the Court held that:

Back 19

If a claim filed after the expiration of the limitation period, and the special circumstances doctrine no longer applies, the action would be prohibited.

Front 20

Mr. Holden, a program developer, had a successful business helping small firms and shops computerize their businesses. In his spare time, he developed software for inventory control that was superior to others on the market. He launched an ad campaign and all went well for several months until a competitor came out with a cheaper program. In time, he could not pay his debts when they became due and owing. A supplier sued for damages and was awarded $21,000. Holden did not pay. With regard to the supplier's position at this time, which of the following is false?

Back 20

The supplier could obtain a writ of execution that directs a court official to seize Holden and detain him in court until he arranges payment.

Front 21

A person has the right to appeal a decision in a civil court.

Back 21

True.

Front 22

When a person is acquitted in a criminal matter, he or she can no longer be sued civilly.

Back 22

False.

Front 23

Mediation is a concept developed in the past decade.

Back 23

False.

Front 24

A jury is not available in civil disputes.

Back 24

False.

Front 25

A significant disadvantage of the court system is that there is no way to enforce the judgment.

Back 25

False.