Question
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
- 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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