Practice-Quiz-2 - practical multiple choices questions for quiz 2 PDF

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practical multiple choices questions for quiz 2...

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Practice Quiz #2  Dispute Resolution  Torts Question 1 What is the goal of negotiation? a)

to set priorities for dispute resolution

b)

to prolong the negotiation process

c)

to reach a fair and acceptable outcome

d)

to assess resolutions to legal disputes

Question 2 Which party listed below is characterized as a guide and facilitator and whose professional function is to provide assistance to disputing parties wanting to negotiate a settlement of their dispute? a)

judge

b)

mediator

c)

lawyer

d)

arbitrator

Question 3 Which of the following best describes the basis for choosing ADR as the preferred method of resolving a dispute between two businesses? a)

the wish to avoid rushing a settlement

b)

a mutual desire to retain the relationship

c)

one party will make a large payout of cash

d)

the wish to amicably terminate the relationship

Question 4 The activities of a large multinational corporation violated federal and provincial environmental laws. It polluted a clean water source and caused illness among the people and wildlife inhabiting the affected area. Why would the multinational corporation’s executives want to resolve the legal dispute through ADR? a) their desire to avoid establishing a common law precedent for damages arising from environmental infractions b) a need to sustain the operation based on the amount of capital resources committed to it business activities c) their desire to keep details of the pollution, contamination, various illnesses and the settlement private and confidential d)

the fact that an arbitrator’s decision will be binding and likely be favourable to the corporation

Question 5 What is the meaning of the term "limitation period" a)

the time covered by the retainer paid for the lawyer’s services

b)

a statutorily defined period of time in which a legal action must be commenced

c)

a period of time that must pass before a claim can be filed

d)

a maximum amount recoverable for breach of contract

Question 6 What is the role of the pleadings stage of the litigation process? a)

to allow time for the parties to plead the basis of their case before a judge

b)

to prepare a document containing the allegations supporting the claim

c)

to allow time for the defendant to concede and allow default judgment

d)

to facilitate the exchange of formal documents stating the basis of the lawsuit

Question 7 What is the burden of proof required to be satisfied in a civil lawsuit? a)

proof on the balance of probabilities

b)

proof that is beyond question

c)

proof beyond a reasonable doubt

d)

proof that is beyond any doubt

Question 8 Which of the following is used to determine whether a defendant’s conduct is in breach of the standard of care owed to the plaintiff? a)

an ordinary standard of care

b)

the prima facie test

c)

the reasonable person test

d)

a professional's standard of care

Question 9 An elderly person with brittle bone disease suffered numerous broken bones as a result of a minor car accident. A healthy person without brittle bone disease would not have suffered any broken bones in the same circumstances. What would you reasonably expect a court to determine with respect to a negligence claim by the elderly claimant? a)

The elderly claimant will receive full compensation on the basis of the thin skull principle.

b)

The defendant has a complete defence.

c)

The injury will pass the test of remoteness

d)

The elderly claimant will not be awarded any damages.

Question 10 Which of the following statements regarding an action in negligence means the same as "it is not enough to establish some of the steps or even most of them"? a)

the plaintiff’s requirement to prove each and every step.

b)

the defence of volenti non fit injuria (a.k.a. voluntary assumption of risk).

c)

the plaintiff’s automatic entitlement to damages.

d)

the right to recover a loss of income.

Question 11 A plaintiff's damage award for the tort of negligence will be reduced in proportion to his or her own actions in causing the loss a)

True

b)

False

Question 12 Manufacturers are not held in tort law to owe a duty to consumers of their products. A)

True

B)

False

Question 13 Mike Jones, the store manager of a large grocery chain made a verbal offer to compensate a customer for a serious hand injury that required medical attention. Even though the customer refused Mike Jones’ offer, Jones was seriously reprimanded by the vice president of the legal risk department. What was the vice president’s most significant concern? A)

paying as small a settlement as possible

B)

resolving the situation before entering negotiations

C)

reaching a fair and acceptable outcome

D)

negotiating could jeopardize risk insurance coverage...