Question
1)An elderly woman with osteoporosis (a disease that causes weak bones) suffered numerous broken bones as a result of a minor car accident.A person without
1)An elderly woman with osteoporosis (a disease that causes weak bones) suffered numerous broken bones as a result of a minor car accident.A person without osteoporosis would not have suffered any broken bones in the same circumstances.She sues for negligence. What would you expect a court to decide?
a.The elderly woman will receive full compensation on the basis of the thin skull principle.
b.The elderly woman will not be awarded damages.
c.The elderly woman will receive partial compensation because of contributory negligence,
d.The defendant has a complete defence.
3.Martha's lawyer is not satisfied with the court's decision, so he is urging her not to accept it.What step in the litigation process is Marths's lawyer recommending she take?
a.appeal
b.adjudication
c.litigation
d.ADR
4.Which of the following reflects one of the aims of Canada's new anti-spam legislation known as CASL?
a.sending any unsolicited electronic messages will be prohibited, even when there is implied consent
b.all electronic messages will be prohibited unless they are being sent to a commercial business
c.internet advertising will be illegal
d.sending commercial electronic messages will be prohibited, unless the receipt has consented to receiving them
5.Which of the following is a required step to pass federal legislation?
a.a majority vote by Commons committee and approved by Senate
b.a majority vote of the members of the House of Commons
c.approved by the Supreme Court of Canada
d.a majority vote of the members in the House of Commons and the Senate
6.As she exited her bank's building, Terry's foot became entangled in a thick rope left on the sidewalk by a building maintenance worker.Terry lost her balance and broke her arm as she awkwardly hit the ground.Under which of the following torts will Terry's lawyer most likely commence an action to recover damages?
a.false imprisonment
b.trespass
c.occupier's liability
d.battery
Question 7
The Ultimate Caterer Inc. lost its lawsuit and was ordered to pay damages and costs to the young couple whose wedding dinner left them and many of their guests very ill.Which of the following correctly describes the meaning of costs in these circumstances?
a.the plaintiff's legal costs
b.the amount of court fees charged for litigating the lawsuit
c.the amount the loser must pay toward the winner's expenses
d.the defendant's legal fees
Question 8
What is the legal term given to a clause that allows the contracting parties to terminate a contract if specified events occur?
a.an exemption clause
b.an entire contract clause
c.a condition subsequent
d.an implied term
Question 9
Sian has been named in a lawsuit which claims that she owes a lot of money on an automobile lease.Sian believes the contract was voided when the vehicle's motor stopped operating the day after signing the lease agreement.She also has not been paid the money the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down.If Sian wants to avoid a default judgment and recover her losses, what should she do next?
a.immediately file a statement of defence and counterclaim
b.request discovery of documents
c.file a statement of claim based on her losses
d.ask for questioning to take place
Question 17
Which of the following occurs when a defamatory statement is sent by email?
a.privilege
b.libel
c.slander
d.fair comment
Question 18
Which of the following clauses means that in a lawsuit, the court can only consider the written terms of the contract?
a.an entire contract clause
b.a limitation of liability clause
c.an exemption clause
d.a limitation of contract clause
Question 19
SolarCell Corp.is suing a customer who did not pay for a shipment of $8,000 worth of batteries.The customer is unreliable and unreasonable.SolarCell is no longer interest in maintaining the business relationship.Where will SolarCell start its lawsuit?
a.the Court of Queen's Bench
b.the Federal Court
c.the Supreme Court
d.the Provincial Court
Question 20
Robin loves her dog Karl, so when Karl goes missing for 2 days, Robin offers to pay a $1,000 reward to anyone who return Karl to her.What type of contract has Robin offered to enter into
a.a unilingual contract
b.a bilateral contract
c.a multilateral contract
d.a unilateral contract
Question 21 Which of the following is a common characteristic of special damages awards?
a.They are awarded to compensate for personal injuries.
b.They relate to out-of-pocket expenses.
c.They are based on reduced earning capacity.
d.They are another form of non-pecuniary damages.
Question 22
Rudy signed a waiver with BJ Watersports and then went waterskiing with them.He was seriously injured in a boar that was driven too fast.If a court decided that Rudy's injuries occurred because Rudy encouraged the boat driver to speed, which of the following will apply?
a.contributory negligence
b.the neighbour principle
c.federal legislation
d.voluntary assumption of risk
Question 23
Which of the following best describes public law?
a.It provides rules concerning rights and obligations of businesses.
b.It regulates relationships between governments and individuals.
c.It contains the rules of law in the Civil Code of Quebec
d.It focuses on fairness according to the rules of common law.
Question 24
Alberta legislation has changed the common law that allowed a creditor to sue a debtor after agreeing to accept less money in full satisfaction of a debt.What is the reason for the legislation?
a.to reduce consumer debt
b.to encourage a final settlement of debts
c.to allow creditors to collect more money
d.to allow debtors to pay b instalments over time
Question 25
The decisions of Supreme Court of Canada are best described as
a.binding on all other courts in all Canadian jurisdictions.
b.always appeals from the Federal Court of Canada.
c.limited to constitutional matters.
d.binding only on the government.
Question 26
Which of the following would immediately let you know that a promise is gratuitous?
a.the absence of writing
b.the lack of sufficient consideration
c.the absence of consideration
d.the lack of consensus
Question 27
Which of the following is the best situation to refer to alternative dispute resolution?
a.The parties disagree about the nature of the disputed issues.
b.The parties both desire a quick resolution of minor problems.
c.The parties don't care about privacy or confidentiality.
d.One or more of the parties does not respond to a settlement offer.
Question 28
Thomas gave Jerron his final sales pitch, offering him 10% off the list price, 60 days for payment, a delivery date, and delivery terms.What has happened so far at this point in the negotiation process?
a.A complete offer has been made.
b.There has been an invitation to treat.
c.Consensus has been reached.
d.Undue influence has occurred.
29.Why is an insured entitled to collect only the amount of the actual loss incurred from its insurance coverage?
Question 29 options:
Subrogation has occurred.
A bank is entitled to an indemnity.
Insurance coverage typically covers a minimum portion of the value of property.
Insurance is a contract of indemnity, so the insured cannot profit from his loss.
Question 30
Which legislature in Canada is composed of the House of Commons and the Senate?
the Supreme Court of Canada
the Parliament of Canada
the Legislative Assembly
the House of Assembly
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started