Which of the following is not a division of the Provincie OTOTAS Marted out of 100 Flo Boston Select one: a. Criminal Division b. Youth Division a. Family Division d. Surrogate Division Question 26 Identify the one TRUE statement from the following word Marked out of 1.00 F Flag question Select one: a. Within the province of Alberta, the highest appellate court is the Court of Queen's Bench b. It a party loses a civil case, and loses an appeal at the Court of Appeal, the party is automatically entitled to appeal the cane to the Supreme Court of Canada C. An appellate Court does not re-hear the evidence. On an appeal, it reviews the transcript from the trial and the judges reasons; reads written arguments; and, hears oral arguments. Witnesses are not examined before the appetate court d. 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 Question 27 Which one of the following statements about the Limitations Act is CORRECT? Noya Marned out of 1. DO Fing Quebon Select one: a. The ultimate limitation period" is meant to provide some certainty for defendants. Generally claims can not be brought after ten years from the time the claim arose b. Generally, a claimant has three years to bring a legal action from the time of discovering the claim c. Certain exceptions exist to the general rule. For example, if the plaintiff forgot to sue in time, the Imitation period is suspended d. The limitation period depends upon the type of claim. For example, a contract claim must be started within six years, while a Intiim must be started within two years of discovering the claim Question 28 Which of the following statements is FALSE? 1.00 Fag Select one: You may hire a lawyer, or a non-lawyer, to represent you in small claims court, but the small claims court system is designed to enable the parties to represent themselves b. You will not be allowed to commence an action in small claims court unless you have sent a demander to the other party, c. You may sure several individuals and corporations with one Civil Claim form d. It is always best to carry out some sort of analysis (such as a cost benefit analysis when deciding whether or not to toe someone Question 29 Regarding the form used to commence an action in the Provincial Court Cil Court, which of the following statements FALSE? wered Marted out of 100 Flag question Select one: a. The form is called a Civil Claim b. The form is completed by the Crown Prosecutor, being the party who commences the action, by filling in the blanka c. The form is filed with the Clerk of the Court and a fling fee is pald. d. The form must be served upon the Defendant (t.e. the party sued), Question 30 Service of the pleadings must be proven to the court. Which one of the following CORRECTLY describes how this proof is provided? yel wered Marked out of 1.00 lo Select one: a. Falsely swearing an Affidavit of Service only results in a fine b. Evidence proving service of the Civil Claim (such as the signature copy of service was by registered mail) should be attached to the Affidavit of Service as exhibits. c. The Affidavit of Service is to be sworn by the postman who delivered the Civil Claim to the defendant d. The Clerk of the Court must swear an Affidavit of Service, confirming how she served the Civil Claim