Chapter 2ResolvingLegalDisputes and Navigating The Court System
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Feb 20, 2024
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Chapter 2: Resolving Disputes and Navigating Canada’s Court System
Exercises
True or False?
1.
In the Superior Court, you are entitled to disclosure of the other party's documents and evidence prior to trial. True
2.
If you win a case in court, you can enforce your judgment by using garnishment to seize and sell the defendant's car. False
3.
A decision made in the trial division of the Superior Court is binding on the Court of Appeal. False
4.
The Small Claims Court has the power to grant injunctions. False
5.
If you believe a decision of an administrative board was unfair and not based on evidence, you have the right to have the decision reviewed in the courts. True
6.
If you think someone has breached your legal rights, you can sue at any time. False
7.
While the judgment of a court is enforceable, a mediated settlement cannot be enforced. False
8.
The procedures used at arbitration are similar to those used in the court system, but an arbitration is less formal, quicker, and less expensive. True
Multiple Choice
1.
Arbitration as a process is
a.
more formal than negotiation.
b.
more formal than litigation.
c.
controlled by the parties.
d.
none of the above.
2.
If the parties have a history of conflict, and one is stronger than the other, which of the following is probably the best alternative dispute resolution process?
a.
Negotiation
b.
Mediation
c.
Arbitration
d.
Either mediation or arbitration would work equally well
3.
In talking about alternative dispute resolution, we often discuss rights and interests. In this context, "rights" refers to
a.
short-term goals.
b.
long-term goals.
c.
business concerns, aspirations, and priorities.
d.
entitlements.
4.
In positional negotiation, you
a.
determine what outcome you want before you start, and stick to it as best you can.
b.
explore with the other parties what the source of the conflict is.
c.
accept the other side’s position as legitimate and valid.
d.
ask open-ended questions.
5.
In the mediation process,
a.
the mediator guides discussions and imposes a settlement after hearing both sides.
b.
the mediator guides discussions.
c.
the mediator always keeps the parties apart during discussions.
d.
the parties must not be in an adversarial position.
6.
You should use mediation if
a.
both parties are prepared to make serious efforts to resolve the issues.
b.
both parties are prepared to explore mutual interests and wish to maintain an ongoing relationship.
c.
in settling a rights issue, the parties are more interested in making their own rules than in having rules imposed on them by a neutral individual.
d.
all of the above.
7.
You should use arbitration if
a.
the other party is stronger than you are.
b.
you know the other party will comply with the arbitrator's decision.
c.
you have a good working relationship with the other party and have successfully resolved interest disputes in the past.
d.
all of the above.
8.
"Solicitor–client privilege" means
a.
anything your lawyer tells you cannot be repeated by you to anyone else.
b.
anything you write to your lawyer cannot be revealed by either of you.
c.
your lawyer has a right, ahead of other creditors, to payment of their bill for services.
d.
your lawyer cannot reveal any information you give to them about the case without your permission.
9.
Small Claims Court cases differ from those in the trial division of the Superior Court in which of the following way(s)?
a.
There is a limit on the amount of money one can sue for in the Small Claims Court.
b.
Proceedings in the trial division of the Superior Court are quicker and cheaper than those in the Small Claims Court.
c.
There is no discovery process in the Small Claims Court.
d.
The rules of evidence are more relaxed in the Small Claims Court than in the trial division of the Superior Court.
e.
Both a and d are correct.
10. If you sued a defendant and managed to prove that they damaged your equipment so that you had to purchase a replacement for a specific price, and the defendant also said things in your community that caused some harm to your business reputation, what is the court is likely to award you?
a.
Special damages
b.
General damages
c.
Injunctive relief
d.
Special and aggravated damages
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