1 Legal system

Which of the following is NOT a recognized goal of class action lawsuits?

• A)    to allow for greater efficiencies in the justice system

• B)    to allow plaintiffs to share  legal costs

• C)    to allow plaintiffs to recover higher awards of damages

• D)    to allow more litigants to have access to justice

• E)    to deter potential wrongdoers.

What term is given to a document sworn to under oath by a person and which can be used as evidence in a judicial proceeding?

• A)    pleading

• B)    statement of defence

• C)    affidavit

• D)    pre-trial conference

• E)    statement of claim

Which of the following statements is TRUE of appeals in the Canadian court system?

• A) an appeal against the decision of a trial court of a province can be filed in the court of appeal of any other province

• B)    appeal court judges seldom have the power to reverse the decision of a lower court

• C)    appeals are based on matters of law

• D)    the parties are often allowed to challenge findings of fact made by a trial court

• E)    most appeals are successful as the lower courts often make errors

The principle of precedent, as used in the common law, means that

• A) judges are limited in what they can consider when making a decision

• B) principles established in earlier cases are applied in later similar cases

• C) judges are always required to rely on statute law in making a decision

• D) higher courts are required to follow precedents established by lower courts

• E) a judicial decision cannot be reversed by appealing to a higher court

To which of the following situations does the principle of stare decisis apply?

• A) Government-made law

• B) A ruling by a school discipline committee.

• C) Judge-made law.   

• D) A) and B

• E) A), B), and C)

If someone is injured as a result of your negligence and sues you for damages, the law that will resolve this dispute between you is

• A)   civil Law

• B)   criminal law

• C)   constitutional law

• D)   administrative law

• E)    Both A and B

Which of the following statements is TRUE?

• A)   Prior to a writ of summons being issued, a plaintiff must file an affidavit of documents with the court.

• B)   Only the defendant must serve an affidavit of documents.

• C)   The pleadings are not complete until there is a transcript of the examination for discovery.

• D)   People do not have disclose their Facebook postings under the discovery of documents

• E)    None of the above.

An injunction is a court order to

• A)   perform a contract

• B)   stop doing something

• C)   pay a debt that is overdue

• D)   show up in court on a specific date

• E)    hand over key documents to the other party in a legal action

Maria was injured when the brakes on her car failed so she sued the automobile manufacturer. After the pleadings the next step would be

• A)   a pretrial conference

• B)   an examination for discovery

• C)   alternative dispute resolution

• D)   discovery of documents

• E)    a debtor’s examination

A major film company discovers a small company is making illegal copies of its movies and selling them for very low prices. Which of the following remedies would the film company NOT seek from the court?

•         A)  an accounting of profits

•     B)  an order of specific performance

•   C)  an Anton Piller order

•   D)  punitive damages

• E)  a deliver up order