Chapter 7 Review Key

1. Opening a PDF form is different from opening an XML form because you can find a PDF
file and open it directly; however, to open an XML form, you must first open Adobe
Reader and then click the open button to retrieve the saved data.
2. If data is saved in XML forms, it can be automatically extracted if the form is filed
electronically.
3. A marriage certificate must be filed with a Notice of Family Claim to prove that the
couple were married giving jurisdiction to the court to grant a divorce.
4. If a Notice of Claim is personally served on Saturday, September 25, 2010 at 4:15 p.m.,
on it is deemed to have been served on Monday, September 27 for the purposes of
counting response time.
5. Personal service of a document is proven with an Affidavit of Service.
6. For each of the following claims indicate on which form financial disclosure can be
made, on the F8, on the F9 or on either of Forms F8 or F9:
A. claim for spousal support—either F8 or F9
B. claim for child support—either F8 or F9
C. claim for division of assets—F8
7. For each of the following applicants, list the schedules which must be included with the
Notice of Family Claim.
A. Hannah wants a divorce. She has no children, she wants the matrimonial home
and she expects her husband to support her.
i. Schedule 1—Divorce
ii. Schedule 3—Spousal Support
iii. Schedule 4—Property
B. Harvey’s wife committed adultery. He wants a divorce and custody of the
children. He wants to buy his wife’s interest in the family home so the children
can remain with him.
i. Schedule 1—Divorce
ii. Schedule 2—Children
iii. Schedule 4—Property
C. Abby is very upset because her husband has been emotionally abusive. She
wants a divorce and to change her name back to her maiden name. She wants
no reminder of her marriage to Ted.
i. Schedule 1—Divorce
ii. Schedule 5—Other Claims
8. It is important to renumber the applicable income documents attached to Form F8 to
provide clarity if the parties have to refer to them in a hearing or conference

AnswerKeys/Ch 7 Review Key 2

9. The time allowed for:
A. the claimant to file a Form F8 is within 30 days of filing the Notice of Family
Claim.
B. the respondent to file an Form F8 is 30 days if she/he lives in Canada or the
United States and 60 days if he/she lives outside of Canada or the United States.
10. A Form F8 can be either personally served or served by ordinary service.
11. It is to the claimant’s advantage to file the Form F8 along with the Form F3 because it
saves time.
12. Three circumstances that determine a divorce is undefended are:
A. the respondent does not file a Response to Family Claim
B. the respondent files a Response to Family Claim and withdraws it.
C. the court could order the Response to to Family Claim to be treated as invalid
because the respondent fails to follow other procedures later in the proceeding.
13. The documents required for an undefended divorce are:
A. Form 35 Requisition
B. Form F52 Draft Order
C. Proof that the proceeding is undefended
D. Form F36 Certificate of the Registar
E. Proof of service
F. if child support is involved, Form 37 Child Support Affidavit
G. Form F38 Affidavit—Desk Order Divorce
14. Two documents used to prove a divorce is undefended are:
A. Affidavit of Service
B. F17 Requisition (and the court’s confirmation that no Response was filed)
15. Three levels on the scale used to determine costs for the Bill of Costs are:
A. less than ordinary difficulty
B. ordinary difficulty
C. more than ordinary difficulty
16. The schedule of items is a list in Appendix B of the Supreme Court Family Rules.
17. Identify what is contained in each of the following parts of Form F71.
A. Scale of Difficulty
B. Tariff Items
C. Other Costs Awarded The Party Presenting The Bill
D. Total Costs
E. Disbursements
GENERAL PRACTICE - LEGAL OFFICE

1. The process of identifying and retrieving information necessary to support legal decision
making:
a. Legal Research *
b. Correspondence
c. Records Management
2. This can take the form of long sentences, complex constructions, archaic and hyper-
formal vocabulary, and a focus on content to the exclusion of reader needs:
a. Formality *
b. Vocabulary
c. Precedent
3. In which all Attorney is the law firm and is responsible for all profit, loss, and liability:
a. General partnership
b. Professional Corp
c. Sole Proprietorship *
4. In which all the attorneys who are members of the firm share ownership, profits, and
liabilities:
a. General Partnership *
b. Professional Corp
c. Sole Proprietorship
5. First part of the trial:
a. Initial Pleadings *
b. Discovery
c. Cross Examination
6. What is Direct Examination?
a. A proceeding
b. The questioning of a witness by the party who called him or her in trial *
c. A process of examination
7. The legal term referencing the formal investigation process in litigation:
a. Interrogation
b. Pre-trial *
c. Verdic

8. It has a decision by a jury as to whether someone is guilty after having heard the facts
given at trial.
a. Cross Examination
b. Litigation
c. Verdict *
ci.
9. A set of legal rules that jurors ought to follow when deciding a case;
a. Jury Instructions *
b. Verdict
c. Interrogatory
10. What is the first step of getting to a trial in a civil proceeding?
a. Verdict
b. Closing Argument
c. Complaint *
11. This is the answer to the complaint by the defendant:
a. Complaint
b. Answer
c. Reply *
12. An introductory statement made by the attorneys for each side at the start of a trial;
a. Primary Statement *
b. Early statement
c. Opening statement
13. It is the interrogation of a witness called by one’s opponent:
a. Direct examination
b. Indirect examination
c. Cross examination *
14. The legal terms refers to the schedule of proceedings involved in a matter:
a. Case management conference *
b. Interrogatories
c. Verdict
15. Upon entry of a case in the trial calendar the clerk shall notify the parties of the date of its
trials;
a. Notice of trial *
b. Adjournment and postponements
c. Order of Trial

16. The parties to any action may agree, in writing, upon the facts involved in the litigation.
a. Agreed statement of facts *
b. Statement of judge
c. Suspension of action
17. Shall be governed by the provisions of the civil code:
a. Agreed statement of facts
b. Statement of judge
c. Suspension of action *
18. During the hearing or trial of a case ay statement made by the judge with reference to te
case, or to any parties, witness or counsel, shall be made of record in the stenographic
notes:
a. Agreed statement of facts
b. Statement of judge *
c. Suspension of action
19. The parties to any action may agree, in writing, upon the facts involved in litigation and
submit the case for judgment on the facts agreed upon without the introduction of
evidence.
a. Agreed statement of facts *
b. Statement of judge
c. Suspension of action
AssignKeys/ Ch 8 Review Key 2
13. Disclosure of documents means the party must list documents relevant to the case in the
categories described in the F20 even if those documents that may be useful for the other
side and harmful to his/her own case.
14. A claimant must prepare a Form 20 List of Documents after he/she is served with a
Response to Family Claim which tells the claimant the respondent plans to participate in the
proceedings.
15. Four types of documents to be found in the Form F20 List of Documents are:
a. Documents the party currently has or once had but is now in the control of someone
else.
b. Documents the party intends to refer to at trial.
c. Documents that relate to a matter in question.
d. Documents that are privileged.
16. The purpose of an Examination for Discovery is to “bind” a party’s testimony. That means
that the answers to the questions are given under oath, a transcript is made and referred to
in court to check to see if the responses are the same.
17. Those who attend an Examination for Discovery are:
a. the parties
b. the lawyers
c. a court clerk
18. One party make the other aware that the date for an Examination for Discovery has been
set by serving the other party by ordinary service a Form 21 Appointment to Examine for
Discovery along with witness fees.
19. The consequences for not attending an Examination for Discovery could be that the court
makes orders that can adversely affect the person’s rights. For example, if the respondent
refuses to attend an examination, the court might order that the proceeding continue as an
undefended proceeding. The respondent could lose the right to participate any further.
20. Conduct monies are witness fees that ensure the party being examined has the financial
means to get to the examination.
21. It is appropriate to apply for a Summary Trial if the facts of the case are not in dispute.
PART B—TRIAL
1. The purpose of a trial management conference is to streamline the actual trial.
2. Some of the things a judge might consider at the trial management conference are to correct
any pleadings, and to determine the most efficient means to conduct the trial or settle the
matter.
3. The purpose of an Form F45 Trial Brief is to be a summary of that party’s plan for the trial. It
states the issues and that party’s position on the issues; the witnesses and experts that
party intends to call and the time expected for each; and the witnesses that party expects to
cross examine and the time expected for each.

AssignKeys/ Ch 8 Review Key

4. It is necessary to file a Form F46 Trial Certificate to assist the registry; the parties must
confirm with the registry prior to the trial date that they are ready to proceed.
5. If one party files a Trial Certificate and the other party does not, the matter stays on the trial
list. If both parties fail to file a Trial Certificate, the matter is dropped from the trial list. The
party who fails to file will not be allowed to make any more applications without the leave of
the court.
6. The party who files the Notice of Trial must file a Form F36 Certificate.
7. If Form F36 is not filed, the Trial Record cannot be filed.
8. A trial book is used to organize material a lawyer wishes to present in court. The trial book
includes document books or case books. A copy of each trial book must be prepared for the
lawyer, judge, and other party so that everyone has a book to refer to at the trial.
9. The duty of an expert witness is to assist the court.
10. A person can be compelled to be a witness at a trial by serving him/her with a Form F23
Subpoena.
PART C—AFTER TRIAL
1. Who prepares the final order
a. if only one party is represented by a lawyer— the lawyer whether his/her client is
successful or not
b. if both parties are represented by lawyers—the lawyer of the successful party.
2. To “approve the form” of an order means to agree that the order was properly drafted to
reflect the decision pronounced by the court. The parties are not indicating that they agree
with or like the order, just that it is properly worded.
3. Both parties must sign to approve the form of the order.
4. The successful party is usually awarded costs after a trial in a family law case.
5. Costs do not cover all legal expenses. This reflects the idea that often the case law or
evidence involved is uncertain and there are legitimate arguments for both sides. It also
reflects the fact that lawyers charge different amounts so if a person chooses the most
expensive lawyer available, the extra cost of the higher legal fees will not be covered even if
they succeed

5. The documents the Application Record MUST contain are:

a. a title page
b. a copy of the filed notice of application
c. a copy of each filed application response
d. a copy of every filed affidavit and pleading and of every other document that is to
be relied on at the hearing
e. if the application is brought under Rule 11-3, a copy of each filed pleading.
6. The documents the Application Record MIGHT contain are:
a. a draft of the proposed order
b. a written argument
c. a list of authorities
d. a draft bill of costs
7. The documents Application Record must NOT contain are:
a. affidavits of service
b. copies of authorities, including case law, legislation, legal articles or excerpts
from textbooks,
c. any other documents unless they are included with the consent of all the parties
8. The successful party will draft the order after the hearing.
9. The party who is successful on the application is usually entitled to costs for the
application.
10. A summary trial is an application for a final order on the issues involved in the divorce
instead of an application order on interim issues or procedural matters.
11. It is appropriate to apply for a summary trial if the applicant believes the divorce issues
can be decided because the facts are clear cut; or, if there is clear indisputable evidence of
the facts to decide an issue.
12. An interlocutory application is one made to the court for its assistance usually after the
start of a proceeding and prior to its conclusion. It is an interim order.
13. Three matters an interlocutory application might deal with are:
a. procedural or pretrial matters
b. interim orders regarding parties
c. enforcement or variation of an existing order.
14. The court’s general rule is that the respondent must receive the claimant’s notice of
application because another person’s rights could be affected by the court’s decision.
15. Two reasons the court might allow an application without notice are:
a. the respondent cannot be served because she/he is avoiding service or because
he/she cannot be located
b. there is an appropriate and urgent need for an order.
16. The courts take interim orders seriously because the effect of an interim order can be
significant and because it may affect the final order.

17. An ex parte order is one that was made without all parties having an opportunity to
present their cases.
18. Two methods for obtaining orders with applications without notice are:
a. Desk Orders
b. Urgent Application Hearings
19. Three documents that must be filed to obtain an order for substitutional service are:
a. a requisition in Form F29,
b. a draft of the proposed order in Form F34, and
c. evidence in support of the application.
20. The evidence that would be needed for the court to award an order for substitutional
service would be an affidavit swearing to attempts made to serve the documents.
21. A chambers hearing is an interlocutory application hearing. The hearing traditionally
occurred without the lawyers gowning and occurred in the judge’s office (chambers).
22. If the application is accepted by the court, the applicant’s lawyer draws up the Order on
Form F51 Order Made After Application