CH.1 Fundamentals of Law Flashcards
What are administrative tribunals?
Adjudicative bodies that make decisions on behalf of fed. and prov. govts when it is impractical or inappropriate to do so itself.
What is the dispute process in British Columbia that requires parties to constructively resolve their dispute and avoid proceeding to a court hearing?
Mediation
Statute Law is also known as?
Legislation
“Let the former decision stand” what is stare decisis?
following of prior decisions when the facts are substantially the same
The parties to a proceeding in British Columbia Supreme Court can seek judicial review of the decision from?
BC Court of Appeal
To which extent do Small Claims Courts have jurisdiction to deal with most claims?
The amount of $35,000 or less
The system of law made up of principles and rules of ancient customs and usages of the people of a nation which have been recognized, affirmed or enforced by the courts is known as?
Common Law
What is the definition of Equity?
The spirit and habits of fairness, justness, and right dealings which regulate interaction between people
When a civil wrong is committed, a person may initiate an action in BC Supreme Court by filing?
A Notice of Civil Claim
Define Arbitration
Form of alternative dispute resolution where an arbitrator(s) hear evidence and legal arguments from both parties and issues a decision, which is legally binding and enforceable in most contexts
What is the Civil Resolution Tribunal tasked with?
Resolving all strata corporation disputes and certain small claims disputes
Define Limitation period
The prescribed period of time in which a person has to bring an action is known as a limitation period
What are the 2 types of discovery that may occur?
Examinations of discovery and discovery of documents
What are the 3 potential phases involved in settling a dispute through the CRT?
Negotiation, facilitation, and adjudication
Define Injunction?
Court order which restrains a party from doing something or requires a party to do something
Define private law?
The type of law that deals with disputes between two or more individuals
Under the doctrine of stare decisis, which court has the most weight in our law?
Supreme court of Canada
In the Common Law system, which law takes priority in case of conflict?
Equitable law
What is the only Common Law remedy?
Damages
List and define the different Equitable Remedies
1- Specific Performance: Court orders that the terms of the contract be carried out by default
2- Injunction: Court which requires or restrains a party from doing something
3- Quantum Meruit: The plaintiff gets as much as he deserves
Define Statute Law
Laws passed by federal, provincial, and municipal govts
Mostly used to change common law
Where are the powers of the federal govt set?
The powers if the federal govt are SET in the constitutition
The federal govt has exclusive authority to pass legislation over which matters?
1- Banking 2- Bankruptcy 3- Fisheries 4- Currency 5- Postal Services 6- Marriage and Divorce Matters 6- Criminal Matters 7- National Defence 8- Patents 9- Copyright 10- Shipping
Where are the powers of the provincial govt found?
The powers of the provincial govt are FOUND in the constitution
What is the provincial govt responsible for?
1- Property and Civil Rights 2- Municipal Institutions 3- Justice within province 4- Education 5- Local and Private manners
Property and Civil Rights matters are delgated to which govt?
Municipal Govts
What is Civil Law?
Laws that have no direct concern with the state (EG. Agency, contract breach, torts)
Most important law for mortgage licensees (Real Property Law)
Explain Public Law
areas of law that deal with the constitution (Tax, Constitution, and Criminal Law)
Addresses disputes between govt’s or govt agencies (Income tax disputes are handled by Public Law
Name and explain the 2 trial courts
1- Small Claims Court: cases involving a claim of $35,000 or less. Claim must be filed in the small claims court nearest to where defendant lives or cause of action arose.
2- BC Supreme Court: Highest trial Court and appeal court for small claims court decision
No monetary or territorial limit
Explain the BC Court of Appeal
Highest appellate court in BC
3,5, or 7 judges hear appeals from the BC Supreme Court. Considers Legal issues only.
No evidence is reheard, and decision of majority of the judges decides matter
Supreme Court of Canada
Highest appellate court in Canada
Can decide not to hear an appeal, and listens to legal issues only.
No evidence is reheard
3,5,7, or 9 judges will hear the appeal, and majority decision decides matter
Describe Garnishing Order
Where a third person owes money to judgement debtor
Can be served on a 3rd person to pay money into court instead of to debtor
Not possible to garnish all of debtors wages
Step one of Trial Process in BC
Cause of Action Arises:
A civil wrong is committed (Breach of contract, Tort)
Explain Step one of Trial Process in BC
Cause of Action Arises:
A civil wrong is committed (Breach of contract, Tort)
Explain step two of Trial Process in BC
Commencing the Action:
Plaintiff files Notice of Civil Claim
Defendant files response to Civil Claim
The Notice of Civil Claim, and response to Civil Claim outlines the case each party will present in court
Explain step three of Trial Process in BC
Discovery:
Each party examined under oath
All relevant documents are examined
Most actions are settled here as parties can see strengths and weaknesses in case.
Explain step four of the Trial Process in BC
Trial:
A judge or judge/jury hear all evidence and gives a decision at a later date
Explain step five of the Trial Process in BC
Decision is issued which resolves the case between both parties
Court may order unsuccessful party to pay fees and legal expenses
Define Examination of Judgement Debtor
Plaintiff may examine Judgement Debtor in court, under oath, for any assets or income sources they may have
Define Execution
If debtor has assets, they can be seized and sold.
Plaintiff can request Writ of Execution from court to sheriff.
Sheriff can seize/sell enough assets to pay judgement and cost of seizure fees.
If debtor has no assets, sheriff returns Writ of Execution to court as “Nulla Bona” or “No Goods”
