QUESTIONS with verified answers
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1. Which of the following statements respecting aspects of the British Columbia civil court
system would
be considered accurate?
A. The next step for a disappointed litigant in a small claims dispute would be to appeal the
small claims court decision to the BC Court of Appeal.
B. A matter brought before the BC Court of Appeal will be settled by a decision delivered by the
majority of the judges after they have listened again to all of the evidence.
C. A BC Supreme Court judge can only hear cases involving amounts over $35,000.
D. A litigant can bring his or her case no further than the BC Court of Appeal, unless leave to
appeal to the Supreme Court of Canada is granted.
(1) A,B,C, and D
(2) B and C only
(3) C and D only
(4) D only - correct answer ✔✔ 4
A litigant can bring his or her case no further than the BC Court of Appeal, unless leave to
appeal to the Supreme Court of Canada is granted.
2. After buying her fourth car, Jessie decides that it is time to build a new garage. Although she
is not a professional, she is handy with tools and decides to design and build the garage herself.
Once the garage is built, Jessie invites her neighbour, Steve, to her house to view her new
garage. Steve thinks that the garage is unsightly and demands that she tear it down. Jessie, of
course, refuses. That night, Steve drives his car through the garage, destroying months of hard
work. Jessie successfully sues Steve and obtains an award of $80,000 for damages. Steve feels
,that the decision of the court is unfair and refuses to pay it. Which of the following steps may
Jessie take?
(1) Jessie can send a writ of execution to Steve and then personally seize and sell enough of his
property to pay the judgment.
(2) Jessie can apply to have a garnishing order served on Steve's employer, ordering the
employer to pay all of his - correct answer ✔✔ 4
3. When commencing a lawsuit in Small Claims Court, the claimant may originate the action in
the jurisdiction where:
(1) either the claimant resides or the defendant resides.
(2) the claimant resides.
(3) either the cause of action arose or the defendant resides.
(4) either the claimant resides or the cause of action arose. - correct answer ✔✔ 3
either the cause of action arose or the defendant resides.
4. Lisa is leasing a commercial property for a 5 year term. After business hours, John trespasses
on the property. Generally, what is the basic limitation period under the Limitation Act within
which Lisa may bring a legal action against John for his trespass?
(1) 1 year, beginning from the date of discovery
(2) 2 years, beginning from the date of discovery
(3) 15 years, beginning from the day on which the act or omission occurred
(4) 30 years, beginning from the day on which the act or omission occurred - correct answer
✔✔ 2
2 years, beginning from the date of discovery
5. Which of the following is NOT a possible meaning of the term "common law"?
,(1) The law created by the courts as opposed to statute law
(2) The principles derived from the common law courts in England as opposed to the principles
derived from the courts of chancery
(3) The laws created by the federal government in accordance with its power under the
Constitution
(4) The system of law that relies upon the principle of stare decisis for its development - correct
answer ✔✔ 3
The laws created by the federal government in accordance with its power under the
Constitution
6. Which of the following statements are TRUE?
A. The provincial government has exclusive responsibility for such areas as the administration of
justice within the province, criminal matters, and education.
B. The federal government has exclusive responsibility over marriage and divorce, postal
services, and civil rights.
C. The residual power to legislate over areas not specifically covered in the constitution is left
with the municipal governments.
D. Where the common law does not provide an answer to a legal question, the courts must then
refer to statute law for guidance.
(1) A,B,andConly
(2) AandBonly
(3) All of the above
(4) None of the above - correct answer ✔✔ 4 - none of them are correct
7. An examination for discovery:
(1) usually takes place before the notice of civil claim is filed so that a person can ascertain
whether a cause of action exists.
(2) may be a major factor in the settlement of a dispute.
(3) takes place before a judge, with all parties giving evidence under oath.
, (4) is the process under which each party is required to provide all relevant documents to the
other
party. - correct answer ✔✔ 2
may be a major factor in the settlement of a dispute.
8. Xavier has successfully sued Yolanda in the Supreme Court of British Columbia. The court has
ordered Yolanda to pay court costs. Which of the following statements is FALSE?
(1) Court costs are always awarded against unsuccessful litigants like Yolanda.
(2) Court costs will cover only some of Xavier's legal fees.
(3) Court costs are not the same as legal fees.
(4) In general, the possibility of being ordered to pay court costs helps to discourage people
from
bringing weak cases before the courts. - correct answer ✔✔ 1
-Court costs are always awarded against unsuccessful litigants like Yolanda - IS FALSE
9. A new zoning bylaw has been enacted that increases the permitted density in Joshua's
neighbourhood. Which body likely passed this bylaw?
(1) The federal government
(2) The provincial government
(3) The municipal government
(4) The land title office - correct answer ✔✔ 3 - The municipal government
10. Larry entered into a contract with Hayley to have her renovate his rental property. Larry
later sues Hayley for a breach of contract. Under which standard of proof must Larry prove the
breach of contract?
(1) Absolute proof
(2) Innocent until proven guilty
(3) Beyond a reasonable doubt