1.1 - Fundamentals of Law

Question 1

What are the 3 sources of law?

Answer 1

Common, Equitable, Statute

Question 2

What is equitable law?

Answer 2

Based on fairness

Question 3

What is common law? (*Key Term)

Answer 3

Judge-made law recorded in written decisions
From England - law of precedent
*Stare Decsis: Let the former decision stand

Question 4

What are the remedies for common & equitable law?

Answer 4

Common: Damages
Equitable: Specific Performance, Injunction, Quantum Meriut

Question 5

What is specific performance?

Answer 5

Instead of granting damages, court orders bad individual to do something/fulfill something in contract

Question 6

What is injunction?

Answer 6

“an order of the court prohibiting a defendant from doing or continuing to do an unjust act”

Question 7

What is quantum meriut?

Answer 7

as much as is deserved

Question 8

What is statute law?

Answer 8

legislation enacted by governments (i.e. land title act).
Made to alter/affect/change common law
In answering a legal question, judge looks to statute law before common

Question 9

What is the main difference between federal and provincial law?

Answer 9

Federal covers everything but education, provincial covers education.

Question 10

What are the 2 main categories of law?

Answer 10

1. Civil/Tort/Private Law
2. Public law

Question 11

What does civil/tort/private law. deal with?

Answer 11

Problems btwn individuals
Breach of contract, divorce, agency

Question 12

What does public law deal with?

Answer 12

Problems btwn state and individuals
Tax, constitution, criminal law

Question 13

What are the 4 steps of legal escalation?

Answer 13

Small claims
Supreme Court of BC
BC Court of Appeal
Supreme Court of Canada

Question 14

What are the features of the small claims court?

Answer 14

lowest trial court
<$35k limit
territorial limit

Question 15

What are the features of the Supreme Court of BC?

Answer 15

trial AND appeal
no territory or $ limits
judge rehears case + evidence

Question 16

What are the features of the Supreme Court of Canada?

Answer 16

highest appellate court of Canada
no evidence reheard
not required to hear all appeals

Question 17

What are the features of the BC court of appeal?

Answer 17

highest appellate court of BC
won’t rehear evidence, but reviews legal principles

Question 18

What is the civil resolution tribunal (CRT)?

Answer 18

online tribunal for resolving strata corporation disputes regardless of value (ex: non payment of strata fees, non-enforcement of strata bylaws, certain small claims, certain car accidents)

Question 19

What are the 3 phases of resolve (CRT)?

Answer 19

Negotiation (communicating online)
Facilitation (CRT staff assist)
Adjudication (Adjudicator makes decision - enforceable by courts)

Question 20

What is plaintiff/claimant vs defendant?

Answer 20

plaintiff/claimant: injured party
defendant: injuring party

Question 21

What are the 4 phases of trial process (define each)?

Answer 21

1. Pleading - notice of civil claim by plaintiff, response by defendant
2. Discovery - mini trial before real trial
3. Trial - prove case (burden of proof)
4. Judgement - court issues a decision to resolve issues

Question 22

What are 4 ways to enforce a judgement?

Answer 22

examination of judgement debtor
writ of execution
remedies against land (lien)
garnishing wages

Question 23

What is writ of execution?

Answer 23

assets can be seized and soldBY SHERIFF to satisfy claim

Question 24

what’s examination of judgement debtor?

Answer 24

judgement debtor must reveal assets and income under oath

Question 25

what is a garnishing order?

Answer 25

“ A garnishing order is served on the third party and orders them to pay the money into the court instead of to the debtor. The plaintiff will then apply to have the money paid out to it.” typically wages or bank account (can’t be all wages)