General Civil Litigation

(True and False Question)

The individual answering to a civil action in an originating pleading is known as the "Respondent"?

ANSWER: XXX

A respondent in a civil action cannot sue another party in the same action?

ANSWER: XXX

The province's highest court is the Court of Appeal?

ANSWER: XXX

The rationale behind case law is that like cases are tried alike?

ANSWER: XXX

Litigation is the process of bringing disputes to a court to have them resolved by a jury on the basis of evidence presented by those involved in the dispute?

ANSWER: XXX

Practice Management

(Multiple Choice Q)

A conflict of interest can involve all of the following scenarios except:

a. Using a client's trust funds to pay for disbursements for another client.

b. Continue to represent a client when you come to realize that you represent the client's divorced spouse in separate matter.

c. As a paralegal, put your lawyer's interest above the client's (after all, he / she is your boss).

d. As a paralegal, disclose case authority to your lawyer that is against your client's interest (in your research assigned to find cases in support of your client's position for trial).

ANSWER: XXX

Fiduciary duty is compromised by a paralegal in which of the following scenarios?

a. Reporting to your lawyer that you feel depressed at home and dislike your home environment.

b. Reporting to the client that you are actively seeking employment in other law firms.

c. Not reporting to your lawyer that you filed an Affidavit upon its execution, accidently without attaching the Exhibits, and instead proceeding to fix the mistake by dealing with the court registry on your own.

d. Putting the client on notice, upon diligent case law research, that the position the client wishes to take against the opposing party in a court application is inappropriate, unethical and bringing the administration of justice to disrepute.

ANSWER: XXX

A "dry judgement" refers to?

a. When a company is the defendant and has no money to pay for the damages awarded by a judge.

b. When a individual defendant refuses to pay for the damages awarded by a judge by fleeing the country.

c. When the director of the defendant company resigns from the company in the middle of a civil trial to avoid paying for the likely damages awarded by a judge.

d. When the plaintiff awarded damages elects not to register the judgement in court, so that plaintiff can actually proceed to enforce the judgement against the defendant.

ANSWER: XXX

A paralegal should do the following if they suspect a fishy i.e., fraud email?

a. Report the email to the Law Society of B.C. immediately.

b. Delete the email, and ignore it.

c. Report the email to the receptionist, who is your best friend, during an out of office dinner.

d. None of the above.

ANSWER: XXX

An effective BF system involves all of the following except:

a. Bring forward dates in Microsoft Outlook.

b. Bring forward dates in an itemized central excel sheet, which accessible for all staff.

c. Bring forward dates in a lawyer's personal cell phone calendar.

d. Bring forward dates in a manual, cue card filing system.

ANSWER: XXX

Wills and Estates

(Multiple Choice Q)

(2 marks each)

"Per Stirpes" is defined as?

a. A gift or a bequest that is given to more than one persons in a will, and upon one person's death, goes to that person's heirs.

b. A gift or a bequest that is given to more than one persons in a will, and upon one person's death, goes to those other persons.

c. Lineage of a will-maker.

d. The process of finding a will-maker's will.

ANSWER: XXX

All of the following individuals can challenge a will in court except?

a. Children.

b. Spouse.

c. Former employer.

d. Grandchildren.

ANSWER: XXX

The following is a requirement for formally executing a will?

a. A lawyer's signature on the last page of the will.

b. A witness' signature on the last page of the will.

c. Initial's of the lawyer and witness on each page of the will.

d. All of the above.

ANSWER: XXX

The test for undue influence is?

a. Involuntarily giving instructions to a lawyer.

b. Inability to have the mental capacity to understand the will.

c. Voluntarily understanding the contents of the will without pressure or control of another person or persons.

d. Recommending an elder to update their will if there has been a material change in that will-maker's circumstances.

ANSWER: XXX

Which of the following is a potential factor of suspicious circumstances?

a. Where the testator is dependent on the beneficiary for emotional and physical needs.

b. Where the testator has experienced a recent family conflict.

c. Where the testator has made a new will not consistent with prior will or wills.

d. Where another person books the testator's appointment and that same person accompanies the testator to the appointment.

e. All of the above.

ANSWER: XXX