Yates ch03 - test bank PDF

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Business Law in Canada, 11e (Yates) Chapter 3 The Resolution of Disputes: The Courts and Alternatives to Litigation1) Taisa is a massage therapist who runs a successful business from her home. One of her long- time clients, Greg, owes her a considerable sum of money relating to unpaid massage therap...

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Business Law in Canada, 11e (Yates) Chapter 3 The Resolution of Disputes: The Courts and Alternatives to Litigation 1) Taisa is a massage therapist who runs a successful business from her home. One of her longtime clients, Greg, owes her a considerable sum of money relating to unpaid massage therapy sessions. Greg is reluctant to pay because he is unhappy with the services he has received. Which of the following is true? A) If her primary concern is to preserve her relationship with Greg, Taisa should consider an alternative form of dispute resolution. B) If her primary concern is to keep costs low, Taisa should commence a civil action against Greg as soon as possible. C) If her primary concern is to ensure the dispute is kept private, Taisa should commence a civil action against Greg. D) If her primary concern is the ability to appeal the decision made, Taisa should consider an alternative form of dispute resolution. E) Taisa needs to commence a civil action, as alternative forms of dispute resolution are not available in commercial disputes. Answer: A Diff: 2 Type: MC Page Ref: 62 Topic: Ch. 3 - Alternatives to Court Action Skill: Applied Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 2) Which of the following cases would be a good one to mediate? A) A case where the parties want to ensure the right to appeal B) A case where the parties want a high degree of public visibility C) A case where the parties want to maintain goodwill D) A case where the parties are not concerned about costs and delays E) A case where the parties do not trust each other Answer: C Diff: 2 Type: MC Page Ref: 65 Topic: Ch. 3 - Mediation Skill: Applied Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge

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3) Which of the following is an advantage of using ADR? A) Lengthy process B) Sets a binding precedent C) More expensive than litigation D) Ensures full disclosure E) Speedy resolution Answer: E Diff: 2 Type: MC Page Ref: 63 Topic: Ch. 3 - Advantages of ADR Versus Litigation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 4) Which of the following statements is correct? A) The parties to a dispute lose control in negotiations. B) Privacy is maintained in a court adjudication. C) There is a great deal of flexibility in negotiation/mediation. D) Goodwill is most likely maintained in litigation. E) ADR agreements are enforceable or appealable. Answer: C Diff: 2 Type: MC Page Ref: 65 Topic: Ch. 3 - Mediation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 5) Which of the following is an advantage of the mediation process? A) Full disclosure B) Less expensive than litigation C) Overcomes power imbalances D) Redress for injury E) Consistent outcomes Answer: B Diff: 2 Type: MC Page Ref: 65 Topic: Ch. 3 - Mediation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge

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6) There are many characteristics associated with the use of the court process that may be considered advantages and disadvantages when compared to alternate dispute resolution. Which of the following is a favourable characteristic one would associate with the litigation process? A) A speedier method of obtaining resolution of a dispute B) A less costly method of obtaining a resolution to a dispute C) A method of dispute resolution where both parties are more likely to be satisfied with the outcome D) Enforcement of the decision has direct mechanisms E) Confidentiality is protected Answer: D Diff: 2 Type: MC Page Ref: 63 Topic: Ch. 3 - Advantages of ADR Versus Litigation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 7) Which of the following statements is true? A) Use of ADR precludes parties from litigating. B) The rules of precedent apply to arbitration hearings. C) Mediators have the power to enforce decisions. D) ADR methods are less costly than adjudication. E) The public is entitled to know the result of mediated cases. Answer: D Diff: 2 Type: MC Page Ref: 63 Topic: Ch. 3 - Advantages of ADR Versus Litigation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 8) A negotiation will most likely lead to agreement when the parties are A) aggressive. B) uncommunicative. C) coercive. D) vulnerable. E) equal in power. Answer: E Diff: 2 Type: MC Page Ref: 65 Topic: Ch. 3 - Negotiation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge

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9) Which of the following will contribute to the success of a negotiation? A) One party is more powerful than the other. B) The parties rely on outsiders to put forward their cases. C) All relevant information is brought forward by both sides. D) One of the parties uses coercion to get an agreement. E) One party dominates or controls discussions. Answer: C Diff: 2 Type: MC Page Ref: 65 Topic: Ch. 3 - Negotiation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 10) Which of the following best describes the process of mediation? A) Rigid B) Structured C) Cooperative/flexible D) Time-consuming E) Controversial Answer: C Diff: 1 Type: MC Page Ref: 65 Topic: Ch. 3 - Mediation Skill: Recall Objective: Chapter 3: 1. Examine the alternative dispute resolution (ADR) methods: negotiation, mediation, arbitration. Bloom's Taxonomy: Knowledge 11) (Modify this question for your province.) Fred sold Carole some computer equipment and software for $900. After she paid $300, Carole quit paying. When she had no complaint about the items but just wouldn't pay, Fred decided to sue. He would most likely begin his action in A) Small Claims Division, Provincial Court. B) Criminal Division, Provincial Court. C) B.C. Supreme Court. D) B.C. Court of Appeal. E) Federal Court. Answer: A Diff: 1 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge

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12) With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true? A) Common law overrides case law on the same point. B) The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal parliament. C) The courts have no power to declare a provincial statute to be void, only federal statutes can be struck down by the courts. D) The courts cannot affect the meaning of the statute through subsequent interpretation. E) A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms. Answer: E Diff: 2 Type: MC Page Ref: 69 Topic: Ch. 3 - The Courts Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 13) When we eventually get some cases that interpret a new section of the Criminal Code of Canada, from which of the following courts will we get the most authoritative precedent (i.e., the most binding ruling)? A) The Manitoba Court of Queen's Bench B) The Ontario Court of Appeal C) The Federal Court of Appeal D) The Supreme Court of B.C. E) The Supreme Court of Canada Answer: E Diff: 1 Type: MC Page Ref: 74 Topic: Ch. 3 - Courts at the Federal Level Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 14) (Modify this question for your province.) James sued XYZ Company for $500,000 for negligence in the construction of an airplane. James alleged that because of this negligence the plane crashed and he sustained a serious back injury. In which of the following courts should he bring this action? A) Small Claims Court B) County Court C) B.C. Supreme Court D) B.C. Court of Appeal E) Federal Corporation Court Answer: C Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 5 Copyright © 2017 Pearson Canada, Inc.

15) Which of the following is false with regard to our legal system? A) An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal. B) Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures. C) Our constitution can be amended but not by the federal parliament acting alone. D) If a case were heard before a provincial trial level court, the judge could apply both legal and equitable principles and award both legal and equitable remedies. E) Although a statute overrides the case law on the same point, subsequent cases may affect the statute by interpreting its meaning. Answer: A Diff: 2 Type: MC Page Ref: 75 Topic: Ch. 3 - Courts at the Federal Level Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 16) (Modify this question for your province.) Which of the following is false with respect to our court system? A) A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division. B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it. C) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on a case with similar facts. D) There is no monetary limitation on the B.C. Supreme Court. E) The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies. Answer: C Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge

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17) With regard to the process of a civil law suit in a superior court, which of the following is true? A) The writ is a document issued by the defendant to indicate that he or she will defend against the action. B) The plaintiff must prove his case on the balance of probabilities. C) Regardless of whether or not a defendant responds to the plaintiff's claims by filing the required documents, a matter must proceed to trial before a judgment can be awarded. D) An action is usually commenced by issuing a chambers application. E) Once a statement of claim is served, the next step is the trial. Answer: B Diff: 2 Type: MC Page Ref: 69 Topic: Ch. 3 - The Courts Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 18) Which of the following is true with regard to our court system? A) There is no maximum monetary limit on a matter before the superior trial court of a province. B) The theory of precedent (stare decisis) dictates that a judge on a Court of Appeal in one province is bound to follow the decision of the Court of Appeal of another province on the same legal point. C) Only the plaintiff could appeal a decision of a judge of the provincial court. D) If a case were heard before the superior court of the province, the judge could no longer apply both legal and equitable principles, just principles from the courts of equity. E) At the court of appeal level, judges are only bound by statute law. Answer: A Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 19) In which of the following situations would the court likely be closed to the public or the media and others barred from publishing the proceedings? A) When children are involved B) When the matter involves sexual misconduct and is embarrassing to the accused C) When the matter involves drunk driving D) When the government is one of the parties E) When large corporations are involved and the testimony involves economically sensitive material Answer: A Diff: 2 Type: MC Page Ref: 69 Topic: Ch. 3 - The Courts Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 7 Copyright © 2017 Pearson Canada, Inc.

20) Which of the following is correct with respect to the function of our court system? A) The court must be satisfied that it was more probable that the accused committed the crime than not. B) The court must be satisfied that the plaintiff's position is correct on the balance of probabilities. C) A jury can only be used in a criminal matter. D) A victim is the plaintiff in a criminal matter. E) The victim of the crime is the one who prosecutes the action in the court. Answer: B Diff: 1 Type: MC Page Ref: 69 Topic: Ch. 3 - The Courts Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 21) June was driving her car home after an office party and she was in an accident where, in addition to substantial damage to both cars, the other driver was seriously injured. Which of the following is correct with respect to the court experiences she is likely to have? A) If she is charged criminally for drunk driving and found not guilty, that is the end of the matter. She cannot be sued civilly. B) She can opt for a jury trial only if the criminal trial proceeds in the provincial court. C) If she is charged criminally and found not guilty, she can still be sued for negligence by the injured driver. D) If she is sued civilly and found not liable, she cannot be tried criminally for the same accident. E) The principle of double jeopardy means she can only be taken to court once, and so the choice must be made to proceed either civilly or criminally. Answer: C Diff: 3 Type: MC Page Ref: 69 Topic: Ch. 3 - The Courts Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 22) Which of the following is correct with respect to our courts? A) All courts are the same, province to province. B) All criminal matters are dealt with in the Federal Court and Federal Court of Appeal. C) All judges are appointed by the provincial cabinet. D) All judges are appointed by the federal government. E) The appointment of a Court of Appeal judge is a matter for the federal government. Answer: E Diff: 1 Type: MC Page Ref: 74 Topic: Ch. 3 - Provincial Courts of Appeal Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 8 Copyright © 2017 Pearson Canada, Inc.

23) Which of the following is correct with respect to the jurisdiction of the various courts mentioned? A) Divorce is a matter for a superior court. B) Young offenders are now tried in the adult criminal court. C) The procedure used in small claims courts is identical to that used in superior level courts. D) At the provincial superior court trial level, at least 3 judges sit and adjudicate the matter. E) At the court of appeal level, 3 or 5 judges normally sit unless there is a jury involved, and then there is only one judge. Answer: A Diff: 2 Type: MC Page Ref: 74 Topic: Ch. 3 - Courts at the Federal Level Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 24) Mildred and Sam's marriage breaks up and she wants a divorce. Which court would deal with this action? A) The small claims court B) The family court C) The superior trial court D) The surrogate court E) The provincial youth court Answer: C Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 25) (Modify this question for your province.) Mildred and Sam are having marriage difficulties. Their 14-year-old son, George, in reaction, steals a car and smashes it up. He is charged under the Youth Criminal Justice Act. Which court would deal with this action in your province? A) The small claims court B) The family court C) The superior trial court D) The surrogate court E) The youth court Answer: E Diff: 2 Type: MC Page Ref: 74 Topic: Ch. 3 - Courts at the Federal Level Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge

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26) Mildred and Sam's marriage breaks up and a creditor is suing Mildred for $5000 because she co-signed for the loan for the purchase of the car. Which court would deal with this action in your province? A) The small claims court B) The family court C) The superior trial court D) The surrogate court E) The provincial youth court Answer: A Diff: 1 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 27) Mildred and Sam's marriage breaks up and Mildred wants possession of the house to raise the children. Which court would deal with this action in your province? A) The small claims court B) The family court C) The appellate court D) The surrogate court E) The provincial youth court Answer: B Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 28) Which of the following involves a question of law rather than a question of fact? A) James was accused of fighting and causing injury to Joe, but James claims that Joe was the aggressor. B) James and Joe were in an automobile accident and Joe claims that James was speeding. C) James and Joe were in a fight where Joe claims he was justified in hitting James because James yelled at him and called him nasty names. D) James owed Joe money and Joe claimed he had paid it back two years ago. E) James claimed that Joe called him nasty names and sued for slander. Joe says that he did make some negative statements but that they were all true. Answer: C Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Applied Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge

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29) Which of the following is correct with respect to the use of a jury in your province? A) Juries may be available in both criminal and civil matters at the superior court trial level. B) A jury can be used at the provincial court level in criminal matters only. C) A jury can be used at the superior court trial level, but only for criminal matters. D) A jury can be used only at the court of appeal level. E) Juries are no longer used in Canadian courts. Answer: A Diff: 2 Type: MC Page Ref: 71 Topic: Ch. 3 - Trial Courts of the Provinces Skill: Recall Objective: Chapter 3: 2. Describe the court system in Canada. Bloom's Taxonomy: Knowledge 30) Which of the following accurately reflects a recent change to the court system? A) Domestic violence courts have been ruled unconstitutional and are currently in the process of being disbanded. B) Unified family courts have made the court process significantly more complicated because of added court procedure and complex rules. C) Drug treatment courts have been established in certain jurisdictions. These courts emphasize lengthy jail time and other severe penalties. D) The Nunavut Court of Justice is Canada's first single-level court. E) Sentencing circles are "circuit courts" that travel throughout rural areas to hear cases. Answer: D Diff: 3 Type: MC Page Ref: 72 Top...