What is the burden of proof required in a civil lawsuit?

Question 13 options:

proof that is beyond question

proof on the balance of probabilities

proof that is beyond any doubt

proof beyond a reasonable doubt

Question 16(1 point)

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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?

Question 16 options:

a bilateral contract

a multilateral contract

a unilateral contract

a unilingual contract

Question 18(1 point)

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Which of the following is the best situation to refer to alternative dispute resolution?

Question 18 options:

The parties don't care about privacy or confidentiality.

One or more of the parties does not respond to a settlement offer.

The parties both desire a quick resolution of minor problems.

The parties disagree about the nature of the disputed issues.

Question 20(1 point)

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Which of the following is the definition of the tort of assault?

Question 20 options:

the intentional threat of immediate physical harm

the intentional misrepresentation of facts

non-consensual physical contact

coming onto another person's property without consent

Question 21(1 point)

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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?

Question 21 options:

A complete offer has been made.

Consensus has been reached.

Undue influence has occurred.

There has been an invitation to treat.

Question 22(1 point)

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Rudy signed a waiver with BJ Watersports and then went waterskiing with them.He was seriously injured in a boat 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?

Question 22 options:

voluntary assumption of risk

the neighbour principle

federal legislation

contributory negligence

Question 23(1 point)

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Why is an insured entitled to collect only the amount of the actual loss incurred from its insurance coverage?

Question 23 options:

A bank is entitled to an indemnity.

Subrogation has occurred.

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 24(1 point)

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What is the legal term given to a clause that allows the contracting parties to terminate a contract if specified events occur?

Question 24 options:

an exemption clause

a condition subsequent

an entire contract clause

an implied term

Question 25(1 point)

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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?

Question 25 options:

the amount of court fees charged for litigating the lawsuit

the plaintiff's legal costs

the defendant's legal fees

the amount the loser must pay toward the winner's expenses

Question 26(1 point)

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Which of the following occurs when a defamatory statement is sent by email?

Question 26 options:

libel

privilege

slander

fair comment

Question 27(1 point)

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A person doing business with a bank must accept the standard of terms expressed in the loan agreement, even though those terms are non-negotiable and typically favour the bank.Why would a modern-day court most likely continue to uphold these contractual "take it or leave it" arrangements?

Question 27 options:

the agreement does not require further elaboration or clarification

the law expects people to take care of themselves

consumers have more information about contract law than banks

the law expects a bank to show goodwill toward its customers

Question 28(1 point)

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Which of the following reflects one of the aims of Canada's new anti-spam legislation known as CASL?

Question 28 options:

all electronic messages will be prohibited unless they are being sent to a commercial business

sending commercial electronic messages will be prohibited, unless the receipt has consented to receiving them

sending any unsolicited electronic messages will be prohibited, even when there is implied consent

internet advertising will be illegal

Question 29(1 point)

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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?

Question 29 options:

appeal

adjudication

litigation

ADR

Question 30(1 point)

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Which of the following would immediately let you know that a promise is gratuitous?

Question 30 options:

the absence of consideration

the lack of sufficient consideration

the lack of consensus

the absence of writing

Question 31(1 point)

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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?

Question 31 options:

battery

trespass

occupier's liability

false imprisonment

Question 32(1 point)

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The decisions of Supreme Court of Canada are best described as

Question 32 options:

binding only on the government.

limited to constitutional matters.

always appeals from the Federal Court of Canada.

binding on all other courts in all Canadian jurisdictions.

Question 33(1 point)

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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?

Question 33 options:

file a statement of claim based on her losses

ask for questioning to take place

request discovery of documents

immediately file a statement of defence and counterclaim

Question 34(1 point)

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Which of the following are exclusively areas of federal jurisdiction under the Canadian Constitution?

Question 34 options:

currency, trade, national defence

interprovincial trade and commerce, highway regulation, licensing

administration of justice, trade, education

criminal law, administration of justice, hospitals

Question 35(1 point)

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Davey Jones Law Office acts as legal counsel to a large commercial client.The client has instructed Mr. Jones to make and file a statement of claim naming a competitor as the opposing party in the lawsuit.What title is given to Davey Jones's client in the statement of claim?

Question 35 options:

petitioner

respondent

defendant

plaintiff

Question 36(1 point)

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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?

Question 36 options:

The elderly woman will not be awarded damages.

The defendant has a complete defence.

The elderly woman will receive full compensation on the basis of the thin skull principle.

The elderly woman will receive partial compensation because of contributory negligence,

Question 37(1 point)

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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?

Question 37 options:

to allow debtors to pay by instalments over time

to encourage a final settlement of debts

to reduce consumer debt

to allow creditors to collect more money

Question 38(1 point)

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Which of the following best describes public law?

Question 38 options:

It regulates relationships between governments and individuals.

It contains the rules of law in the Civil Code of Quebec

It provides rules concerning rights and obligations of businesses.

It focuses on fairness according to the rules of common law.

Question 39(1 point)

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Which of the following is a common characteristic of special damages awards?

Question 39 options:

They relate to out-of-pocket expenses.

They are awarded to compensate for personal injuries.

They are another form of non-pecuniary damages.

They are based on reduced earning capacity.