In assessing liability in a negligence action, one of the tests the courts will consider is A) The objective threshold test B) The proximity test C) The reasonable person test and whether the defendant acted reasonably D) How the plaintiff conducted themselves Anis slipped and fell in front of Wes' art shop on a snowy morning. Wes had no salted the walkway in front of his shop. Wes may A) Be found liable in negligence if Anis was injured and has damages flowing from her injuries B) Be found liable if Wes owed a duty of care and fell below the standard of care, causing Anis's injuries and subsequent damages that flow directly from her injuries and his conduct C) Wes may argue that Anis was wearing inappropriate footwear which caused her to slip and fall and Wes will not be found liable D) Not be found liable if he had shovelled the walkway. negligence claim, the burden is on the Plaintiff to prove A) Beyond a reasonable doubt that the defendant fell below the standard of care B) Beyond a reasonable doubt that the defendant caused the plaintiff's damages C) On a balance of probabilities that the defendant owed a duty of care, fell below the standard of care, and caused damages and injury to the plaintiff D) On a balance of probabilities that the defendant fell below the standard of care, even if he did not owe a duty of care Contributory Negligence is when A) Where the injuries are minor and do not form part of the negligence analysis B) Where the plaintiff is wholly at fault and their claim must fail if they have contributed to their own injuries C) A plaintiff contributes to their own injuries in addition to the defendants' conduct D) Where the defendant will nonetheless be found liable for the full damages even if the plaintiff contributed to their injuries Voluntary Assumption of Risk is when A) A rock climber assumes the risk injury climbing an unsafe mountain side fc sport B) The defendant waives full responsibility and liability even if the defendants' services are unsafe C) The plaintiff assumes no liability for their decision to partake in risky sport or activity D) A rock climber does not sign a waiver to climb the unsafe mountain side for sport Which of the following statements is correct with respect to tort law? A) An act must be intentional to be classified as a tort B) A wrongful act can be both a crime and a tort C) The main purpose of tort law is to punish a tortfeasor D) The main purpose of tort law is to deter crime Which of the following activities doesnot constitute a criminal activity? A) A business owner seeks insurance compensation for a property he or she lost in a fire B) A business owner forgets to advise the accountant that he or she sold an asset C) A business owner transfers his or her land to a related person before declaring bankruptcy D) A business owner tells a friend about an undisclosed merger that will increase his or her business's value he Simpson brothers have applied to the Liquor License Board of their province btain a wine and beer license for their new restaurant. Which of the following isne rue? A) The Board is an administrative tribunal, not a court of law B) The Simpsons will deal with civil servants rather than elected representatives while applying for their license C) The decisions of the Board become part of the administrative law of the province D) All decisions of the Board are subject to approval by the provincial. A settlement in a civil matter is A) required by the provincial civil rules B) optional C) mandatory D) binding Yuestivil (U.J puimls) A lawsuit can have A) only a third party B) only one plaintiff and one defendant C) always two plaintiffs D) more than one plaintiff and defendant The same set of facts A) should always have a civil and criminal component B) must always only be based on the civil dispute C) must require settlement between the parties D) can result in both a criminal and civil action Mary is suing John for failing to pay for the goods valued at $20,000 and lives in Manitoba; Mary should file A) In Federal Court B) In the Supreme Court of Manitoba C) In the provincial court of Manitoba D) In the Small Claims court of Manitoba 2uestion 26 ( 0.5 points) A decision from the Federal Court A) may be re-heard by a different judge in the same Federal Cour B) must first ask for leave to the Supreme Court of Canada C) may be appealed in the provincial courts D) can be appealed to the Federal Court of Appeal Question 27 (0.5 points) These documents do not need to be disclosed A) documents that are solicitor client privileged B) documents that are more than 7 years old C) documents that are not notarized D) all documents, including privileged documents must be disclosed Question 28 ( 0.5 points) A mediator A) will issue a decision B) will not give an opinion as to the strengths or weaknesses of the parti position C) Will assist in the settlement process D) will issue a final and binding decision for the parties