Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

1. A new law clerk where you work has been asked to arrange for service of a document. The law clerk comes to you for

1. A new law clerk where you work has been asked to arrange for service of a document. The law clerk comes to you for help. She doesn't know if the documentneeds to be served personally. What do you tell her? Please refer to specific Rules in your answer.

2. What is the difference between a motion to strike an entire claim and a motion for summary judgment? Describe when you would use each one. Please refer to the Rules that apply in your answer.

1. Isitsometimesagoodideatousenarrowquestionswheninterviewingaclient because:

(a) The client is able to describe what they think is relevant (b) The client does not feel that they have to tell the entire story

(c) It shortens the length of the interview (d) Specific parts of theclient'sstory can be expanded upon

2. WhichofthefollowingisNOTsetoutinaStatementofClaim?

(a) The parties to the matter and their legal status (b) The material facts on which the plaintiff will rely (c) Information on how the plaintiff will prove the material facts

(d) The statements of law which entitle the plaintiff to succeed

3. ThefollowingisNOTanacceptablealternativetopersonalservice:

(a) Acceptance of service by lawyer

(b) Mailing a copy with an acknowledgment of receipt form

(c) Leaving a copy with an adult person of the same household where the

individual resides

(d) Sending a copy by courier and requiring a signature for proof of receipt

Usingthissearchyoucanfindacorporation'saddressandthenamesofitsdirectors:

(a) Enhanced Business Name Search

(b) Business Name Search (c) Enhanced Corporation Profile Report

(d) Corporation Profile Report

When a motion is made on notice, the notice of motion must be served on the other party at least seven (7) days before the motion is to be heard in court. If you serve the other party on Thursday December 25 (Christmas Day), what is theearliest daythe motion can be heard?

(a) Monday January 5 (b) Tuesday January 6 (c) Wednesday January 7

(d) Thursday January 8

A respondent who has been served with a notice of application must serve and file:

(a) statement of claim (b) statement of defence (c) response to notice of application

(d) notice of appearance

Thisdocumentoutlineshowaparticularcourtoperatesinageographicarea:

(a) guideline memorandum (b) courtroom practices guidebook

(c) practice direction (d) Ontario Reports

If it isimpossibleto serve a party an originating process, you should prepare a motion for an order for:

(a) Substituted service (b) Substandard service (c) Service to theparty'slawyer

(d) Dispensing with service

9. Aconfirmationofmotionmustbeservedby2:00p.m. be heard.

(a) 2 (b) 3 (c) 5 (d) 4

10. The following isnotfound in a notice of motion:

(a) The time the motion is expected to start (b) The place where the motion is to be heard (c) The date of the motion (d) The length of time that the motion is expected to take

11.A registrarcansign default judgment where:

(a) The claim is for liquidated damages

(b) The claim is for general damages

(c) The claim is for pain and suffering

(d) All of the above

12. A judgecangrant summary judgment where:

daysbeforethemotionisto

(a) The judge finds there is no genuine issue requiring trial

(b) The judge finds the claim to be frivolous or vexatious

(c) The parties agree to have all or part of the case decided at summary

judgment and the judge agrees this is appropriate

(d) a and c

13. Which of the following isnota proper reason to prepare a Reply to a Statement of Defence?

(a) The plaintiff disputes thedefendant'sunforeseen version of the facts (b) The plaintiff disputes the conclusions of law set out in the Statement of Defence

(c) The plaintiff disputes new material facts raised in the Statement of Defence

(d) The Statement of Defence raises an unforeseen new defence

14.A third-party claim isnot:

(a) An originating process (b) Against a person who is already a party in the proceeding

(c) Required to be issued by the court (d) Asserting a new claim

15.You have to serve materials on the other party 10 days before a hearing. The hearing date is Monday May 5. What is thelatest daythat you may serve the other party with your materials?

(a) Monday April 21 (b) Tuesday April 22 (c) Thursday April 24 (d) Friday April 25

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Environmental Law Text Cases And Materials

Authors: Elizabeth Fisher, Bettina Lange, Eloise Scotford

2nd Edition

0198811071, 978-0198811077

More Books

Students also viewed these Law questions

Question

The feeling of boredom.

Answered: 1 week ago