Asked by Jesus Armenta on Apr 29, 2024
Verified
Which of the following is correct with respect to the jurisdiction of a court where an action arises in a separate province in Canada?
A) You can sue in the federal court, where the defendant resides, where the action arose, or where you live.
B) You can sue where you live, where the defendant resides, or where the action arose.
C) You can sue where the defendant resides or where the action arose.
D) You can only sue where the action arose.
E) You can only sue where the defendant resides.
Federal Court
A court established by the federal government with jurisdiction over disputes involving federal laws, interstate matters, or cases involving parties from different states.
Separate Province
A distinct region or area within a country that has its own administrative governance, often with its own set of laws and regulations.
Jurisdiction
The official power to make legal decisions and judgments, often within a specific geographic area or over certain types of legal cases.
- Understand the mechanisms and authority involved in the nomination of judges and their legal domain within the judiciary of Canada.
Verified Answer
AB
Anthony BrooksApr 30, 2024
Final Answer :
C
Explanation :
C) is correct because in Canada, the general rule for jurisdiction in civil matters is that you can initiate a lawsuit either in the province where the defendant resides or where the cause of action arose. Options A and B are incorrect because the federal court has limited jurisdiction and does not generally handle cases that are based on provincial matters. D and E are too restrictive and do not account for the flexibility allowed in Canadian jurisdictional rules.
Learning Objectives
- Understand the mechanisms and authority involved in the nomination of judges and their legal domain within the judiciary of Canada.