exam pt 3 trial process and CRT (civic resolution tribunal)

Question 1

what is “crt” civil resolution tribunal

Answer 1

you are able to do court trials/appeals ONLINE for private matters for $200

Question 2

what are the 3 phases of CRT (civil resolution tribunal) in order?

Answer 2

phase 1= negotiation
phase 2= facilitation(mediation where CRT staff will assist in helping parties reach a settlement
phase 3= adjudication (adjudicator will make a decision that is enforceable by the courts)

Question 3

the first place of settling a dispute through the civil resolution tribunal CRT is typically

1. facilitation, where CRT staff assist the parties in attempting to reach a settlement
2. negotiation where parties communicate online in an effort to settle the dispute
3. adjudication, where an adjudicator makes a decision that is enforceable by the courts
4. arbitration, where an independent arbitrator makes a decision that is binding the parties

Answer 3

2. negotiation where parties communicate online in an effort to settle the dispute

Question 4

how do you start your process of trial

Answer 4

“pleading” is the first step

Question 5

which of the following occurs during the pleading process?

1. response of a civil claim
2. trail
3. judgment
4. enforcement of judgement

Answer 5

1. response of a civil claim

Question 6

the 3 phases of the civil resolution tribunal online system are negotiation, facilitation and adjudication. in which phase does the adjudicator make the decision enforced by the courts

1. phase 1 (negotiation)
2. phase 2 (facilitation)
3. phase 3 (adjudication)
4. phase 4 (online)

Answer 6

3. phase 3 (adjudication)

Question 7

is bc supreme court for trials, appeals or both?

Answer 7

both

Question 8

is bc court of apeals for trials, apeals or both?

Answer 8

appeals only

Question 9

what is a major difference between
bc court of appeal
supreme court

vs
small claims
supreme court of bc

Answer 9

bc court of appeal and supreme
are only for appeals!

initial trials only go to small claims or supreme court first, never to the higher two levels

Question 10

what is the difference between bc court of appeal and supreme court of canada

Answer 10

for bc court of appeal, the appeal is always allowed to any party

for supreme court of canada, the judges from bc decide if it can be apealed at the supreme court of canada level (highest)

Question 11

differnce between judgement debtor and judgement creditor

Answer 11

judgement creditor is person who wins the trial and recieves money

judgement debtor is person who loses, and has to pay money

Question 12

judgement creditor is person who wins the trial and recieves money

judgement debtor is person who loses, and has to pay money

Answer 12

where something goes wrong, like guy steals someones dog etc

Question 13

what does “discovery” mean in the trial process

Answer 13

it is before the actual “ trial” takes place

both parties examine each other documents etc

Question 14

who goes first in a trial?

Answer 14

plaintiff goes first, followed by defendant

important-this can be on the exam!

Question 15

what is garnishing wages? can you enforce to garnish all of the wages?

Answer 15

garnish is to take a fraction of a persons wages, you can not take ALL of their wages

Question 16

which of the following is NOT an availabe course action to a successful plaintiff seeking to enforce a judgement
1, execution
2. notice of civil claim
3. a garnishing order
4. a lien

Answer 16

2. notice of civil claim

this one is tricky!! notice of civil claim is a STEP in the pleading process, not an execution (has nothing to do with enforcement) it is way before that

Question 17

what is the person that loses a case called

Answer 17

judgment debtor

Question 18

examination of judgment debtor means?

Answer 18

judge looks at guilty person to determine how they can pay their damages(money, property, garish wages, land (lien)

Question 19

what is write of execution?

Answer 19

assets cab be seized and sold to satisfy the claim by sherriff

Question 20

what is remedies againt land?

Answer 20

“lein”

you cant sell your property (asset) until you pay the person back that you owe

Question 21

what is specific performance?

Answer 21

ordered by judge, the contract must be fullfilled by the guilty person

Question 22

which of the following statements is true?

1. small claims court is the smallest trial court in bc
2. an appeal from small claims court is heard by the supreme court of canada
3. equitable remedy is available in court as a right regardless of all persons conduct
4. all cases have absolute right to be heard in the highest court appellate supreme court of canada

Answer 22

1. small claims court is the smallest trial court in bc

Question 23

which of the following would be available as a course of action to the judgement creditor in enforcing the judgment?

1. execution and charge on the property
2. garnishing order
3. examination under oath
4. all the above

Answer 23

4. all the above

Question 24

the steps involved in the trial process are

1. pleading, discovery, judgement, trial
2. trial, pleading, discovery, judgement
3. discovery, trial, pleading, and judgment
4. pleading, discovery, trial, judgement

Answer 24

4. pleading, discovery, trial, judgement