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Civil Law Quiz

Description

A basic Civil Law quiz.
Sean Thomson
Quiz by Sean Thomson, updated more than 1 year ago
Sean Thomson
Created by Sean Thomson over 9 years ago
2188
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Resource summary

Question 1

Question
The goal of Civil Law is...
Answer
  • Compensation, or to restore someone to a position before a wrong doing took place.
  • To charge someone with a criminal offence.
  • To be on TV.

Question 2

Question
Civil Law is considered...
Answer
  • Public Law
  • Private Law

Question 3

Question
Any province can settle a Civil Law case from any other province.
Answer
  • True
  • False

Question 4

Question
Civil Law proceedings are governed by...
Answer
  • Court of Justice Act
  • Criminal Code of Canada
  • Federal and Provincial regulations.

Question 5

Question
The two divisions of Civil Law courts are Small Claims, and Civil Court.
Answer
  • True
  • False

Question 6

Question
The amount of a claim usually distinguishes which Civil court the case will be heard in (Small Claims, or Civil Court).
Answer
  • True
  • False

Question 7

Question
Civil Court cases are usually more complex than Small Claims court cases.
Answer
  • True
  • False

Question 8

Question
Small Claims court is...
Answer
  • An arm of the Superior Court of Justice.
  • An arm of the Ontario Court of Justice.
  • An arm of the Ontario Court of Appeals.
  • None of the above.

Question 9

Question
A Superior Court of Justice judge resides over Small Claims court proceedings.
Answer
  • True
  • False

Question 10

Question
A Plaintiff in Small Claims court can sue for...
Answer
  • As much as he/she wants, but will only get $25,000 max.
  • $25,000 max only.
  • Under $10,000.
  • As much as he/she wants.

Question 11

Question
There is no court fees for filing in a Small Claims action.
Answer
  • True
  • False

Question 12

Question
Can you represent yourself in Small Claims court?
Answer
  • Yes.
  • No.

Question 13

Question
The types of claims heard in Small Claims court include...
Answer
  • Money owed, Monetary Compensation, and the Recovery of Personal Property.
  • Land and Property claims.
  • Criminal charges under $5000.

Question 14

Question
Small Claims decisions can compel someone to do something, prohibit their actions, or cause a court order to be issued.
Answer
  • True
  • False

Question 15

Question
A Civil Action begins when...
Answer
  • The Plaintiff serves the Defendant a subpoena.
  • The Plaintiff files a claim.
  • The police submit an information.
  • The court files a claim with the Plaintiff and Defendant.

Question 16

Question
You are responsible for serving a Defendant a copy of the claim, although you don't have to do it yourself.
Answer
  • True
  • False

Question 17

Question
After serving the Defendant, you must prepare...
Answer
  • An Affidavit of Service.
  • An Affidavit of Civil action.
  • A Statement of Claim.
  • A Plaintiff's Claim form.

Question 18

Question
Defendants can contest the claim against them by filing a "Defence".
Answer
  • True
  • False

Question 19

Question
If you don't agree with the claim against you, the time limit for filing a "Defence" is...
Answer
  • 10 days.
  • 20 days.
  • 60 days.
  • No time limit.

Question 20

Question
Can the Defendant file a claim against the Plaintiff at the same time?
Answer
  • Yes. It's called a "Defendant's Claim".
  • No. Only one claim at a time.

Question 21

Question
When filing a "Defence", you must make 2 copies, one for the court, and the other for the Plaintiff.
Answer
  • True
  • False

Question 22

Question
An Affidavit of Service let's the court know who was served, and how it was done.
Answer
  • True
  • False

Question 23

Question
A case that is brought forward in Civil court is between private parties or negligent acts that cause harm to others.
Answer
  • True
  • False

Question 24

Question
Civil court cases usually involve disputes over contracts or Torts.
Answer
  • True
  • False

Question 25

Question
A subdivision of Contract Law would be...
Answer
  • Divorces.
  • Criminal offenses.
  • Negligence.
  • Freedom of Information.

Question 26

Question
Civil Contractual Law applies if there are no other existing statutes to address the problem.
Answer
  • True
  • False

Question 27

Question
Can a legal contract be oral? A spoken agreement?
Answer
  • Yes.
  • No.

Question 28

Question
The Rules of Contract Law. Select all that apply.
Answer
  • Offer Acceptance.
  • Benefit to Each Side.
  • Legal Consent.
  • Clarity of Terms.

Question 29

Question
A contract can be voided because of duress, undue influence, or serious unfairness.
Answer
  • True
  • False

Question 30

Question
A Tort is...
Answer
  • A Civil wrong doing.
  • A minor Criminal offense.

Question 31

Question
A finding of guilt in a Criminal court is required to sue someone in Civil action.
Answer
  • True
  • False

Question 32

Question
The payment cap for "Pain and Suffering" in Ontario is...
Answer
  • $25,000.
  • $100,000.
  • $333,000.
  • No limit to the amount you can receive.

Question 33

Question
All Torts require a proof of fault (negligence) as a basis for imposing liability.
Answer
  • True
  • False

Question 34

Question
Types of Torts. Check all that apply.
Answer
  • Intentional.
  • Negligence.
  • Strict Liability.
  • "Pain and Suffering"
  • Theft.

Question 35

Question
"Res Ipsa Loquitur" means "The Thing Speaks For Itself".
Answer
  • True
  • False

Question 36

Question
A settlement can be reached at any time prior to the Judge giving their judgement.
Answer
  • True
  • False

Question 37

Question
A Settlement Conference is held by a Deputy Judge.
Answer
  • True
  • False

Question 38

Question
The purpose of a Settlement Conference is...
Answer
  • To reach a settlement and prevent a trial.
  • To outline the details of a case before trial.
  • To allow the Plaintiff to make changes to their case before trial.
  • To reach a verdict without involving a Judge.

Question 39

Question
What percentage of Civil suits actually end up going to trial?
Answer
  • 2%
  • 12%
  • 50%
  • Less than 1%

Question 40

Question
A witness in Civil cases is called to court by a...
Answer
  • Summons.
  • Subpoena.
  • Injunction.
  • Affidavit of Service.

Question 41

Question
Do you have to pay a witness to attend your trial?
Answer
  • Yes.
  • No.
  • Only if they ask.

Question 42

Question
Exclusion of Witness is a common practice, where witnesses are asked to wait outside the court room, so they don't hear each other's testimony.
Answer
  • True.
  • False.

Question 43

Question
The "Burden of Proof" in Civil court is...
Answer
  • "Beyond a Reasonable Doubt"
  • "Balance of Probabilities"

Question 44

Question
Most Small Claims have a time limit of 6 months.
Answer
  • True
  • False
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