1.1 - Fundamentals of Law Flashcards
Fundamentals of Law
What are the 3 sources of law?
Common, Equitable, Statute
What is equitable law?
Based on fairness
What is common law? (*Key Term)
Judge-made law recorded in written decisions
From England - law of precedent
*Stare Decsis: Let the former decision stand
What are the remedies for common & equitable law?
Common: Damages
Equitable: Specific Performance, Injunction, Quantum Meriut
What is specific performance?
Instead of granting damages, court orders bad individual to do something/fulfill something in contract
What is injunction?
“an order of the court prohibiting a defendant from doing or continuing to do an unjust act”
What is quantum meriut?
as much as is deserved
What is statute law?
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
What is the main difference between federal and provincial law?
Federal covers everything but education, provincial covers education.
What are the 2 main categories of law?
- Civil/Tort/Private Law
- Public law
What does civil/tort/private law. deal with?
Problems btwn individuals
Breach of contract, divorce, agency
What does public law deal with?
Problems btwn state and individuals
Tax, constitution, criminal law
What are the 4 steps of legal escalation?
Small claims
Supreme Court of BC
BC Court of Appeal
Supreme Court of Canada
What are the features of the small claims court?
lowest trial court
<$35k limit
territorial limit
What are the features of the Supreme Court of BC?
trial AND appeal
no territory or $ limits
judge rehears case + evidence
What are the features of the Supreme Court of Canada?
highest appellate court of Canada
no evidence reheard
not required to hear all appeals
What are the features of the BC court of appeal?
highest appellate court of BC
won’t rehear evidence, but reviews legal principles
What is the civil resolution tribunal (CRT)?
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)
What are the 3 phases of resolve (CRT)?
Negotiation (communicating online)
Facilitation (CRT staff assist)
Adjudication (Adjudicator makes decision - enforceable by courts)
What is plaintiff/claimant vs defendant?
plaintiff/claimant: injured party
defendant: injuring party
What are the 4 phases of trial process (define each)?
- Pleading - notice of civil claim by plaintiff, response by defendant
- Discovery - mini trial before real trial
- Trial - prove case (burden of proof)
- Judgement - court issues a decision to resolve issues
What are 4 ways to enforce a judgement?
examination of judgement debtor
writ of execution
remedies against land (lien)
garnishing wages
What is writ of execution?
assets can be seized and soldBY SHERIFF to satisfy claim
what’s examination of judgement debtor?
judgement debtor must reveal assets and income under oath
what is a garnishing order?
“ 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)
