Quiz 3

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CDI College of Business, Technology and Health Care *

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Jan 9, 2024

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Session Fourteen Quiz 3 1. If the parties agree on how they want to resolve all the issues related to the separation and/or divorce, they can file a ____ in _____ a. Notice of trial; form F1 b. Notice of Joint Family Claim; Form F1 c. Notice of Family Claim; Form F3 2. Of the following options, choose two circumstances in which an application is started by Form F3 a. If the relief sought relates to land and is for a beneficial interest in land, a declaration that settles the priority between interests or charges, an order that cancels a certificate of title or makes it subject to an interest or charge, or an order for partition or sale b. If the relief you are seeking relates to the maintenance, guardianship or property of infants or other persons not under a legal disability c. If the sole question at issue is one of construction of a statute, will, deed, oral or written contract or other document 3. Form F3 must be ordinarily served a. True b. False 4. A respondent who wants to advance a claim of his/her own may file a Counterclaim in _______ within ____ days after being served with Notice of Family Claim a. Form F4; 45 b. Form F5; 30 c. Form F6; 60 5. At any time before a Notice of Trial is filed in a family law case, a claimant may discontinue it in whole or in part against a respondent by filing a _______ in _____ and serving a filed copy of it on all parties a. Notice of Withdrawal; form F7 b. Notice of Discontinuance; Form F39 c. Notice of Withdrawal; Form F2 6. How many days does a Respondent have to file and serve their Form F8 if they live outside North America? a. 90 days b. 60 days c. 30 days

Session Fourteen 7. In relation to the Form F8, of the following options, choose two examples of spcial or extraordinary expenses a. The portion of medical and dental insurance premiums that provides coverage for the child b. Children’s allowance or pocket money c. Expenses for activities in which the child excels and is shown to be particularly gifted (e.g. expenses for a child who is a gifted figure skater, but not expenses for general skating lessons) 8. Courts have said that “undue” means _____ a. Expensive, exceptional, or disproportionate b. Excessive, exceptional, or disproportionate c. Exceeding, exceptional, or disproportionate 9. Of the following options, choose two examples of undue hardship a. Having to make other support paynents to children of another family b. Having an unusual or excessive amount of assets c. Having to spend a lot of money to visit the child (e.g. airfare to another city) 10. In relation to the Form F8, of the following options, choose two enforcement mechanisms available when a party fails to comply with a requirement a. Attributing income in an amount the opposing counsel considers appropriate b. Punishing for contempt of court c. Drawing an adverse inference against party 11. In relation to the Form F8, once particulars have been demanded from a party, they aev 14 days to provide the particulars a. True b. False 12. A party who has served an F8 which is more than _______ days before the start of the trial or hearing of an application, an updated F8 must be served at least _________ days before but not more than ________ days before the start of the trial or hearing a. 92; 63; 28 b. 91; 28; 63 c. 95; 30; 65 13. A person who files a Notice of Family Claim, a Response to Family Claim, and Response to Counterclaim must serve his/her Form F20 on a party within 35 days after being served that party’s Response to Family Claim and Response to Counterclaim a. True b. False 14. In Supreme Court, what is a desk order divorce?

Session Fourteen a. One spouse starts a court case that the other spouse can ignore b. One spouse starts a court case that the other spouse does not dispute c. One spouse starts a court case that the other spouse does dispute 15. In Supreme Court, when asking for a desk order divorce, the court will need evidence that reasonable arrangements have been made for the financial support of the children. a. True b. False 16. In provincial court, both the Form F1 and Form F4 have to be served by email on the other party. a. True b. False 17. In provincial court, a ______ in ____ must be filed by the person personally serving stating that they personally served or attempted to serve the party. a. Affidavit of personal service; form 5 b. Affidavit of service; form 1 c. Record of service; form 4 18. Parties to a contested proceeding must meet with a family justice counsellor before a first appearance date can be set and then either party may then request an appearance before a judge by filing a Referral Request in _________ a. Form 8 b. Form 5 c. Form 6 19. In provincial court, parties to a contested proceeding involving care of children or child support must attend _______ program a. Parenting during separation b. Parenting before separation c. Parenting after separation 20. The priority of the Legal Services Society is to serve the interests of people with high incomes a. True b. False 21. In Supreme Court, an application may only be made before trial to seek an order to disclose information a. True b. False 22. A party to a family law case cannot apply for a non-financial order without first attending a _______

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Session Fourteen a. Trial management conference b. Settlement conference c. Judicial case conference 23. In Supreme Court, interim applications are only brought after the ______ has had a chance to file their ______ and a _______ has been held. a. Parties; notice of joint family claim; trial management conference b. Applicant; notice of family claim; settlement conference c. Respondent; response to family claim; judicial case conference 24. Of the following options, choose two exceptions where a Judicial Case Conference will not take place. a. When the order will be made with the agreement of both parties b. When the application is being made with notice being given to the other side c. When an application is being made for an order restraining either or both parties from disposing of family assets 25. In Supreme Court, a Trial Management Conference must be held at least _______ days before the scheduled trial date a. 7 days b. 28 days c. 63 days 26. In Supreme Court, each party must prepare a Form F30 and file and serve it within seven days of the Trial Management Conference a. True b. False 27. In Supreme Court, during a ________ the judge will attempt to resolve dispute through a process of evaluative mediation, and may provide parties with his/her perspective of appropriate outcome for case a. Judicial case conference b. Settlement conference c. Trial management conference 28. In Supreme Court, settlement conferences can be arranged through trial registry by filing a Requisition in ______ a. Form f19 b. Form 17 c. Form f18 29. In Supreme Court, if proceeding is contested, a party may obtain a final order following trial or may apply for order in chambers by summary trial. a. True

Session Fourteen b. False 30. Decisions during a summary trial are usually based only on interrogatory evidence a. True b. False 31. ________ is a meeting where one party asks an opposing party a series of questions under oath a. Interrogatories b. Depositions c. Examinations for discovery 32. Offers to settle allow the court to award costs to a party ________ trial, regardless of result at trial a. After b. Before c. During 33. Director of Maintenance Enforcement may enforce the DA, the FRA, and the FLA support orders in the Supreme Court, but not the Provincial Court a. True b. False 34. In Supreme Court, an application to vary an order is brought by _______, in _____ a. Notice of Variation Order; Form F30 b. Notice of Application; Form F31 c. Notice of Motion; Form F32 35. In Provincial Court, interim applications are brought by a ______ in _______. a. Requisition; Form 17 b. Notice of Motion; Form 16 c. Notice of Request; Form 18 36. In Provincial Court, if affidavit evidence is to be relied on during an interim application, the applicant need not serve a filed copy of their affidavit on the other party a. True b. False 37. The parties can apply for a consent order at any point in process by filing a _______ in ________, signed by both parties or their counsel, together with a ________ in ________ signed by one of parties or party’s counsel, and a ________ in _________ with witnessed signatures of both parties a. Order; form 20; request; form 19; consent; form 18 b. Draft of order; form 20; request; form 18; consent; form 19 c. Draft of order; form 18; requisition; form 20; consent; form 19

Session Fourteen 38. In Provincial Court, for urgent orders without notice, the party must tell he registry staff when they go to file their documents that they believe it would put them (and/or their children or other family members whom they live with) in danger to let their partner know about their application a. True b. False 39. In Provincial Court, an application to vary a Provincial Court order is brought in case of interim orders by filing a Notice of Motion in _______ a. Form 15 b. Form 14 c. Form 16 40. In Provincial Court, in the case of final orders by filing an Application Respecting Exiting Orders or Agreements in ________ a. Form 3 b. Form 2 c. Form 1

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Quiz 3

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