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Time left 0:55:43 Qu 1 Which of the following statements concerning the courts established by the provincial government of Alberta is INCORRECT? 9 16 24 Finis Select one: O a. The Provincial Court is the only trial court in Alberta O b. The Court of Queen's Bench of Alberta has the jurisdiction to hear cases involving unlimited sums of money. It operates as a trial court and sometimes as an appeal court. OC. There are rules which govern the practice and procedure of the Court of Queen's Bench of Alberta, Od. The Court of Appeal of Alberta does not hear trials, It operates strictly as an appellate court Identify the one TRUE statement from the following Select one: etv A 9 MacBook Air Il Od. The Court of Appeal of Albe Time left 0:55:38 hear trials. It operates stricty as an appellate court Identify the one TRUE statement from the following: Select one: O a. If a party lases a civil case, and loses an appeal at the Court of Appeal, the party is automatically entitled to appeal the case to the Supreme Court of Canada. O b. Within the province of Alberta, the highest appellate court is the Court of Queen's Bench OC. An appellate Court does not re-hear the evidence. On an appeal, it reviews the transcript from the trial and the judge's reasons: reads written arguments, and, hears oral arguments. Witnesses are not examined before the appellate court Od stare decisis is a doctrine requiring courts to follow precedents. According to it, the Provincial Court of Alberta judges would be bound by decisions of the Supreme Court of Canada and the appellate courts from other provinces, such as the British Columbia Court of Appeal. Cat A 90 MacBook Air BE Time left 0:55:34 Which one of the following statements about limitation periods is FALSE? Select one: O a. The period of time one has to commence a civil action against someone else is called a "limitation period". Ob. Parties in Alberta can extend a limitation period by agreement if they want to OC. The Statute of Limitations sets out the limitation periods that apply in Alberta. Od. The general rule is that you only have two years to sue someone in an Alberta court. Regarding the form used to commence an action in the Provincial Court (Civil Court), which of the following statements is FALSE? Select one: O a. The form is called a Civil Claim Ob. The form must be served upon the Defendant (ie the party sued) Oc. The form is completed by the Crown Prosecutor, being the party who commences the action by filling in the tv A G MacBook Air years to sue someone in ar Time left 0:55:29 Regarding the form used to commence an action in the Provincial Court (Civil Court), which of the following statements is FALSE? Select one: O a. The form is called a Civil Claim. Ob. The form must be served upon the Defendant (.e. the party sued). OC. The form is completed by the Crown Prosecutor, being the party who commences the action, by filling in the blanks Od. The form is filed with the Clerk of the Court and a filing fee is paid. After the Civil Claim and Dispute Note have been filed, the Court may send a notice or letter to the parties' address for service setting out the next steps. The next steps may include those that are set out below, which one exception. Identify the EXCEPTION Select one A pre-trial conference Bicara S etv 4 o MacBook Air TO MYNAIT - Court and a filing fee is paic Time left 0:55:24 After the Civil Claim and Dispute Note have been filed, the Court may send a notice or letter to the parties' address for service setting out the next steps. The next steps may include those that are set out below, which one exception. Identify the EXCEPTION Select one: O a. A pre-trial conference Ob. Binding arbitration Oc. Mediation Od Trial End of Page 5 age Next page 11 Tom NS etv 4 MacBook Air Q Time left 0:55:18 2 Which of the following statements does not accurately describe "evidence"? Select one: Oa What a party in civil litigation uses to convince the judge that his version of the facts is probably true. Ob. The proof legally presented at a trial by the parties, through witnesses, documents and other exhibits, to induce belief in the mind of the judge. OC The conclusions that the judge makes as to the facts of the case, after the witnesses have testified, and the parties have made their summations. Od. How a party proves the facts needed to establish her case. Fin Which one of the following PROPERLY describes trial procedure in small claims court? Select one: O To show proper respect, you should always stand when speaking to the Judge and you should address the judge as stv A MacBook Air O d. How a party proves the fac Time left 0:55:14 establish her case. Which one of the following PROPERLY describes trial procedure in small claims court? Select one: O a. To show proper respect, you should always stand when speaking to the judge and you should address the Judge as "Your Honour". Ob. Before a witness is examined, the judge will ask a series of questions designed to test the credibility of that witness. This is critical to the proper assessment of questions of fact. Oc. After all of the witnesses have testified, the clerk of the court provides summation of the evidence to the judge Od. Witnesses should listen carefully when the other witnesses are called to testify. This way they can ensure their testimony is as helpful as possible to the party who called them. Which one of the following statements about the awarding of costs in the Court of Queen's Bench N tv 4 MacBook Air Which one of the following statements about the awarding of costs in the Court of Queen's Bench of Alberta is INACCURATE? Select one: O a. Party/party costs typically fall short of the successful party's actual legal expenses. Ob. A successful party is usually awarded solicitor-client costs, which equal the amount the successful party was billed by his or her lawyer OC. Because costs are always within the discretion of the trial judge, a trial judge might not award any costs to the successful party Od. When awarding party/party costs, a judge must consult Schedule to the Alberta Rules of Court Parties involved in civil litigation in the Court of Queen's Bench of Alberta participate in something called the "discovery process. All of the following things happen during that process, except one Identify the EXCEPTION: Select one: 3. Each party swears an oath (or solemnly etv A MacBook Air 696 pageab TO MYNAIT d. When awarding party/party Time left 0:55:05 must consult Schedule C to the Alberta Rules of Court Parties involved in civil litigation in the Court of Queen's Bench of Alberta participate in something called the discovery process". All of the following things happen during that process, except one. Identify the EXCEPTION: Select one: O a. Each party swears an oath (or solemnly declares) to tell the truth and then answers questions posed by the opposing party's lawyer O b. Each party provides all of the relevant records he or she has to his or her lawyer. OC. The parties witnesses are exardined for discovery Od. The parties exchange Affidavits of Records Which of the following statements about selzure is false Solect one The AARAL SS atv A MacBook Air tempt=5488474&cmid=11187789&page=5 MYNAIT - Time left 0:55:00 Which of the following statements about seizure is false? Select one: O a. The Civil Enforcement Agency may sell the seized assets at any time after the seizure. O b. The instructing Creditor must instruct a Civil Enforcement Agency to make a seizure, rather than attempting to seize the debtor's property herself O c. The Bailee's Undertaking is used to have a responsible person keep the seized property and deliver it to the Civil Enforcement Agency when instructed to da so Od. The bailiff, who is hired by the Civil Enforcement Agency, completes the Notice of Seizure of Personal Property as he is seizing the assets of the debtor End of Page 6 [ A 2009 MacBook Air