Chapter 1 trial process

Question 1

Which of the following statements about the trial process in British Columbia are TRUE?

A. Our common law system is based on an adversarial process in which each of the two opposing parties presents its point of view to an impartial trier of fact whose decision is binding on both parties.
B. A plaintiff commences an action by filing a notice of civil claim in the court registry; once served with the notice of civil claim, the defendant can answer by denying some or all of the claims set out in the plaintiff’s notice of civil claim by filing a response to civil claim.
C. One of the major reasons why most claims are settled out of court is that the discovery process allows the parties to see more plainly the strengths and weaknesses of their positions.
D. The plaintiff and defendant alternate in calling their witnesses.

(1) All of the above are true.
(2) Only A and B are true.
(3) Only A, B, and C are true.
(4) Only B, C, and D are true.

Answer 1

3

Question 2

There are several steps taken before a lawsuit actually is brought before a judge. Which of the following procedures DOES NOT take place before a trial begins?

(1) Filing and serving a notice of civil claim
(2) Filing and serving a response to civil claim
(3) Conducting an examination for discovery
(4) Obtaining a garnishing order

Answer 2

4

Question 3

There are several procedural steps involved in the trial process in British Columbia. Some of these procedures are called:

A. conducting discovery proceedings.
B. filing and serving a response to civil claim.
C. filing and serving a notice of civil claim.
D. enforcing a judgment.

Answer 3

4

Question 4

A new furnace that Sally installed in her house exploded 6 months after installation. Sally intends to bring a lawsuit against the manufacturer. The first document that Sally’s lawyer will file is:

(1) a response to civil claim.
(2) a notice of trial.
(3) a notice of civil claim.
(4) a garnishing order.

Answer 4

3

Question 5

Which of the following would NOT be available to a judgment creditor as a means of enforcing a judgment?
(1) examination under oath, of the judgment debtor
(2) obtaining a writ of execution so that the judgment debtor’s personal car can be seized and sold
(3) obtaining and serving a garnishing order on the judgment debtor’s bank
(4) registering a notice of civil claim in the appropriate land title office against the judgment debtor’s property

Answer 5

4

Question 6

Which party to a court proceeding files a response to civil claim?

(1) the plaintiff
(2) the accused
(3) the defendant
(4) the prosecutor

Answer 6

3