Practice Questions Flashcards
In Alberta, if one person sues another, who bears the burden of proof? And how much proof is required?
a. the plaintiff must prove guilt beyond reasonable doubt
b. the defendant must establish their innocence on a balance of probabilities (the defendant probably did not cause the loss)
c. the plaintiff must prove liability on a balance of probabilities (the defendant probably caused the loss)
c. the plaintiff must prove liability on a balance of probabilities (the defendant probably caused the loss)
Identify the court that would have jurisdiction over the following matters:
- custody disputes where the parents live apart
- enforcement of Child and Spousal Support Orders
- before and after divorce issues (but not the power to grant divorce)
- children in need of protective services
Alberta Court of Justice (Family)
Identify the court that would have jurisdiction over the following matters:
- driving offences that are criminal (e.g. driving while impaired)
- trials involving summary conviction (lesser) offences
Alberta Court of Justice (Criminal)
Identify the court that would have jurisdiction over the following matters:
- Offences committed by minors
- Matter arising under the Youth Criminal Justice Act
Alberta Court of Justice (Youth)
Identify the court that would have jurisdiction over the following matters:
- Violations of Alberta’s Traffic Safety Act
- Parking tickets issued by municipalities
- Non-criminal traffic violations
Alberta Court of Justice (Traffic)
Identify the court that would have jurisdiction over the following matters:
- malicious prosecution actions
- claims involving title to land
- defamation suits
- wills and estates litigation
- divorce
- debt and damage claims for amounts exceeding $100,000
Court of King’s Bench
Identify the court that would have jurisdiction over the following matters:
- Debt claims where the amount does not exceed $100,000
- Damage claims (injury or loss suffered)
- Breach of contract for amounts up to $100,000
- Tenancy matters
Alberta Court of Justice (Civil, aka Small Claims court)
Identify the court that would have jurisdiction over the following matters:
- challenges to decisions made by Immigration and Refugee Board
- review of decisions made by federal agencies or tribunals
- challenges of tax assessments by the Canada Revenue Agency
Federal Court
In which division of the ABCJ would criminal charges against a 14yr old be heard?
Youth court
In which division of the ABCJ would impaired driving charges be heard?
Criminal court
In which division of the ABCJ would suing a client who did not pay your bill be heard?
Civil court
In which division of the ABCJ would removing an abused child from their family be heard?
Family court
In which division of the ABCJ would alimony (divorce settlements) and maintenance enforcement be heard?
Family court
In which division of the ABCJ would challenges to a federal tax assessment be heard?
Trick question!
This would NOT be heard in the ABCJ
In which court would suing the driver of the car that collided with you be heard?
a. traffic court
b. civil court
c. criminal court
d. a and c
e. b and c
b.
only civil court!
