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What is the main difference between mediation and negotiation? Mediation is only allowed in criminal cases while negotiation can be used in any case. Mediation

  1. What is the main difference between mediation and negotiation?
  • Mediation is only allowed in criminal cases while negotiation can be used in any case.
  • Mediation involves just the parties while negotiation involves a neutral third party.
  • Mediation involves a neutral third party while negotiation just involves the parties.
  • Mediation involves a neutral third party decision maker while negotiation involves a neutral third party facilitator.
  • Mediation involves a mandatory settlement clause while negotiation allows the case to proceed to trial.

2.When is mediation not appropriate?

  • When the parties wish to remain in business together
  • When the parties do not trust each other at all
  • When the parties need a quick resolution
  • When the parties want to settle

3.What is a disadvantage of mediation?

  • There is no way to create solutions the law does not provide.
  • The parties cannot have a continued relationship.
  • Mediation can force parties to accommodate each other.
  • Mediation cannot involve a third party.
  • There is no way to compel the parties to produce evidence.

4.Which of the following is not a reason to use alternative dispute resolution (ADR) in online disputes?

  • ADR allows parties to keep information about issues with their sites private.
  • ADR is quicker than a court case.
  • ADR does not require the parties to be in the same room.
  • ADR allows the decision to be precedential in all jurisdictions a company operates in.
  • ADR is less expensive.

5.Which of the following cases would be most likely to appear before a provincial superior court?

  • Two people disagreeing about the proper way to water flowers
  • Someone contesting a speeding ticket
  • A criminal murder trial
  • A contract dispute where the contract is worth less than five dollars
  • Two parents disagree about what they should name their child

6.Which of the following questions is a matter of fact that would be left to the jury (if one is present)?

  • Was the defendant at the home in question?
  • Does the fact the landlord was unaware of his obligation change that obligation?
  • Should strict liability be applied in this situation?
  • Was the landlord obligated to keep the building in good repair?

7.Which of the following situations is not suitable for a unified family court?

  • the adoption of a orphaned child
  • a divorce between two lawyers
  • a dispute between divorced parents over which school the child should attend
  • a single mother charged with speeding
  • the custody arrangement between divorced parents

8.A court will assume jurisdiction to hear a civil action when

  • the defendant has a strong connection to the jurisdiction and the plaintiff provides no reason to decline it.
  • the plaintiff has a strong connection to the jurisdiction and the defence provides no reason to decline it.
  • either party has any connection to the jurisdiction, and neither party provides any reason to decline it.
  • the plaintiff proves he has a strong connection to it.
  • the plaintiff has any connection to the jurisdiction and the defence provides no reason to decline it.

9.What is the correct process to begin a civil suit?

  • The plaintiff files a statement of claim with the court. The defendant files a statement of defence with the court.
  • The defendant files a statement of claim with the court and serves the plaintiff. The plaintiff files a statement of defence with the court.
  • The plaintiff serves the defendant with a statement of claim. The defendant files a statement of defence with the court.
  • The plaintiff files a statement of claim with the court and serves the defendant. A court hearing is scheduled.
  • The plaintiff files a statement of claim with the court and serves the defendant. The defendant files a statement of defence with the court.

10.An offer to settle

  • has no effect on the awarding of costs.
  • is designed to encourage the parties to settle.
  • notifies the court that the parties are acting in good faith.
  • can only be made by the defendant.
  • can only be made by the plaintiff.

11.A fair regulatory hearing does not require

  • disclosure of the evidence that will affect the decision.
  • people affected be allowed to refute written declarations.
  • the strict rules of evidence to be followed.
  • people affected be allowed to present evidence and arguments.
  • notice of the existence and timing of the hearing be provided.

12.Judicial review of a regulatory decision is not allowed when

  • the regulation on which the decision was based is unconstitutional.
  • the decision maker gave no opportunity for the disappointed party to be heard.
  • the decision maker based his decision on his personal hatred of the disappointed party.
  • a disappointed party disagrees with the error-free decision.
  • the decision maker made an error of law.

13.A court can sometimes review a regulatory body's decision. If the court finds the decision was invalid it cannot

  • state the meaning of the law.
  • order the body to hold a hearing as required by law.
  • order the body to reconsider its decision, without a new hearing.
  • void the decision.
  • order the body to stop performing illegal actions.

14.Is challenging an administrative decision always productive?

  • No, because the plaintiff always loses such challenges
  • Yes, because the outcome will always be better if the plaintiff wins
  • Yes, because a principle can be vindicated
  • Yes, because there is no other way to get the body to change its decision
  • No, because the body can often remake the same decision using a proper procedure after the suit

15.A regulatory body gets authority for its decisions from

  • no specific source; the fact that the body is authorized gives it authority to make any decision it deems reasonable.
  • common law principles of fairness.
  • the underlying statute or regulations created according to it.
  • the reputations of the members of the regulatory body.
  • customary exercise of power.

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