CRIM 235 COMPREHENSIVE EXAM QUESTIONS WITH
SOLUTIONS 2025 GRADED A+
✔✔types of adr (4) - ✔✔- mediation
- arbitration
- med-arb
- collaborative law
✔✔types of adr - mediation - ✔✔- hire a mediator (trained lawyer or mediation
professional) to assist in the resolution of the dispute
- works like negotiation but with a mediator guiding the process
- helps ensure everyone is respectful
✔✔types of adr - arbitration - ✔✔- hire an arbitrator to make a decision to resolve the
dispute
- avoids waiting for court and reduces lawyer costs
- don't know what outcome will be
- common in labour negotiations
✔✔types of adr - med-arb - ✔✔- attempt mediation but it fails, the mediator becomes an
arbitrator and resolves the dispute
- less commonly used
- may be used in labour negotiations
✔✔types of adr - collaborative law - ✔✔- used in family law
- parties jointly hire a lawyer, or hire a lawyer each
- agreement that they will not use those lawyers to go to court
- focus on finding a resolution that benefits the whole family
- used in low conflict seperations
✔✔how to negotiate - interest based negotiation - ✔✔- identify your interests
- identify the other sides interests
- evaluate what your best and worst outcomes are
- have a conversation to see if you can craft an agreement that meets everyone's
interests
- not about coming up with a happy medium when representing a client
✔✔what does family law deal with and include? - ✔✔- law dealing with domestic
partnership separation and divorce
- includes same and opposite sex marriages and common law relationships
✔✔what area of law has changed the most in the past 50 years? - ✔✔- family law
✔✔family law - key changes (7) - ✔✔- recognition of common law
- changes to divorce act
, - same sex marriages
- dual income families
- blended families
- surrogacy
- polyamory
✔✔what falls under family law? (5) - ✔✔- divorce
- parenting schedules
- spousal support
- child support
- property division (often done through court orders or agreements)
✔✔is family law a subset of contract law? - ✔✔-no, since kids are not property, we can't
make a contract for things that aren't possessions
✔✔jurisdiction over family law (3) - ✔✔- 91(2) Marriage and Divorce (federal)
- 92(12) Solemnization of Marriage in the Province [hiring pastor/official]
- 92(13) Property and Civil Rights in the Province [dividing up assets]
✔✔is there an overlap in parenting between federal and provincial governments? -
✔✔yes
✔✔grounds for divorce under the Divorce Act, 1985 - ✔✔- s. 8(1) divorce granted on
establishing that there has been a breakdown in the marriage through:
s. 8(2)(a) living separate and apart for 1 year OR
s. 8(2)(b) proving adultery, physical or mental cruelty (now rare petition)
✔✔what 2 acts does the division of parenting fall under and what terms do they use? -
✔✔- Divorce Act (federal) uses term custody
- Family Law Act (BC) uses terms guardianship and parenting time
✔✔guardianship vs parenting time - ✔✔- guardianship is parenting responsibility and
decision making
- parenting time is time with the kids
✔✔what does s.16 of the Divorce Act set out? - ✔✔- s. 16 of the Divorce Act sets out
the "best interests of the child"
- these are taken into consideration in making a parenting order or a contract order
✔✔what does the FLA deem relevant in determining the "best interests of the child"? (6)
- ✔✔- health and emotional well-being
- nature of relationships
- history of care
- need for stability
- ability of potential guardians
SOLUTIONS 2025 GRADED A+
✔✔types of adr (4) - ✔✔- mediation
- arbitration
- med-arb
- collaborative law
✔✔types of adr - mediation - ✔✔- hire a mediator (trained lawyer or mediation
professional) to assist in the resolution of the dispute
- works like negotiation but with a mediator guiding the process
- helps ensure everyone is respectful
✔✔types of adr - arbitration - ✔✔- hire an arbitrator to make a decision to resolve the
dispute
- avoids waiting for court and reduces lawyer costs
- don't know what outcome will be
- common in labour negotiations
✔✔types of adr - med-arb - ✔✔- attempt mediation but it fails, the mediator becomes an
arbitrator and resolves the dispute
- less commonly used
- may be used in labour negotiations
✔✔types of adr - collaborative law - ✔✔- used in family law
- parties jointly hire a lawyer, or hire a lawyer each
- agreement that they will not use those lawyers to go to court
- focus on finding a resolution that benefits the whole family
- used in low conflict seperations
✔✔how to negotiate - interest based negotiation - ✔✔- identify your interests
- identify the other sides interests
- evaluate what your best and worst outcomes are
- have a conversation to see if you can craft an agreement that meets everyone's
interests
- not about coming up with a happy medium when representing a client
✔✔what does family law deal with and include? - ✔✔- law dealing with domestic
partnership separation and divorce
- includes same and opposite sex marriages and common law relationships
✔✔what area of law has changed the most in the past 50 years? - ✔✔- family law
✔✔family law - key changes (7) - ✔✔- recognition of common law
- changes to divorce act
, - same sex marriages
- dual income families
- blended families
- surrogacy
- polyamory
✔✔what falls under family law? (5) - ✔✔- divorce
- parenting schedules
- spousal support
- child support
- property division (often done through court orders or agreements)
✔✔is family law a subset of contract law? - ✔✔-no, since kids are not property, we can't
make a contract for things that aren't possessions
✔✔jurisdiction over family law (3) - ✔✔- 91(2) Marriage and Divorce (federal)
- 92(12) Solemnization of Marriage in the Province [hiring pastor/official]
- 92(13) Property and Civil Rights in the Province [dividing up assets]
✔✔is there an overlap in parenting between federal and provincial governments? -
✔✔yes
✔✔grounds for divorce under the Divorce Act, 1985 - ✔✔- s. 8(1) divorce granted on
establishing that there has been a breakdown in the marriage through:
s. 8(2)(a) living separate and apart for 1 year OR
s. 8(2)(b) proving adultery, physical or mental cruelty (now rare petition)
✔✔what 2 acts does the division of parenting fall under and what terms do they use? -
✔✔- Divorce Act (federal) uses term custody
- Family Law Act (BC) uses terms guardianship and parenting time
✔✔guardianship vs parenting time - ✔✔- guardianship is parenting responsibility and
decision making
- parenting time is time with the kids
✔✔what does s.16 of the Divorce Act set out? - ✔✔- s. 16 of the Divorce Act sets out
the "best interests of the child"
- these are taken into consideration in making a parenting order or a contract order
✔✔what does the FLA deem relevant in determining the "best interests of the child"? (6)
- ✔✔- health and emotional well-being
- nature of relationships
- history of care
- need for stability
- ability of potential guardians
