Ch 3

Question 1

Civil test vs. Criminal test (burden of proof)

Answer 1

Civil test: balance of probabilities. >50% probability, ie “more likely than not” that the events took place as claimed
Criminal test: beyond a reasonable doubt. A person cannot be guilty if there is any reasonable doubt about their guilt.

Question 2

4 levels of court in Alberta, lowest to highest

Answer 2

Provincial Court
Court of Queen’s Bench of Alberta (called “supreme court” in some other provinces)
Provincial Court of Appeal
Supreme Court of Canada

Question 3

5 Divisions of Provincial Court in Alberta

Answer 3

Civil (aka small claims court)
Criminal
Family
Youth
Traffic

Question 4

Process of civil litigation: 7 preliminary steps

Answer 4

1. Select appropriate JURISDICTION
2. Select appropriate COURT
3. Determine applicable LIMITATION PERIOD - is it too late to sue?
4. Send demand LETTER.
5. Important question: is it really WORTH suing?
6. Is there enough EVIDENCE?
7. If so, select the correct DEFENDANT(s).

Question 5

Vicarious liability

Answer 5

An employer can be held liable for a tortious act an employee commits during the course of employment

Question 6

T or F: One action can have both civil and criminal consequences.

Answer 6

True

Question 7

What is the name of the highest court in Alberta?

Answer 7

Alberta Court of Appeal

Question 8

Which of the following remedies cannot be awarded in a civil court judgement?

(a) punitive damages
(b) injunction
(c) specific performance
(d) community service
(e) general damages

Answer 8

(d) community service

Question 9

T or F: As a general rule, if a party does not commence a lawsuit before the appropriate limitation period exists, he or she is barred from suing forever for the tort of breach of contract in question

Answer 9

True

Question 10

What is the primary purpose of an award of damages?

Answer 10

To compensate the plaintiff for losses suffered

Question 11

Which of the following is NOT an alternative dispute resolution strategy?

(a) communication
(b) negotiation
(c) mediation
(d) arbitration
(e) adjudication

Answer 11

(e) adjudication

Question 12

Which of the following would be a good case for mediation?

(a) a supervisor accused of sexually harassing an employee
(b) a doctor accused of negligence
(c) parents involved in a custody battle
(d) a customer accused of shoplifting
(e) an executive accused of embezzelment

Answer 12

(c) Parents involved in a custody battle

Question 13

T or F: Negotiation only works when both parties are reasonable and willing to make concessions

Answer 13

True

Question 14

T or F: Arbitration is often set out as the method for resolving disputes in labour relations agreements.

Answer 14

True