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Mortgage Flash cards > CH.1 Fundamentals of Law > Flashcards

CH.1 Fundamentals of Law Flashcards

1
Q

What are administrative tribunals?

A

Adjudicative bodies that make decisions on behalf of fed. and prov. govts when it is impractical or inappropriate to do so itself.

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2
Q

What is the dispute process in British Columbia that requires parties to constructively resolve their dispute and avoid proceeding to a court hearing?

A

Mediation

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3
Q

Statute Law is also known as?

A

Legislation

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4
Q

“Let the former decision stand” what is stare decisis?

A

following of prior decisions when the facts are substantially the same

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5
Q

The parties to a proceeding in British Columbia Supreme Court can seek judicial review of the decision from?

A

BC Court of Appeal

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6
Q

To which extent do Small Claims Courts have jurisdiction to deal with most claims?

A

The amount of $35,000 or less

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7
Q

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?

A

Common Law

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8
Q

What is the definition of Equity?

A

The spirit and habits of fairness, justness, and right dealings which regulate interaction between people

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9
Q

When a civil wrong is committed, a person may initiate an action in BC Supreme Court by filing?

A

A Notice of Civil Claim

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10
Q

Define Arbitration

A

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

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11
Q

What is the Civil Resolution Tribunal tasked with?

A

Resolving all strata corporation disputes and certain small claims disputes

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12
Q

Define Limitation period

A

The prescribed period of time in which a person has to bring an action is known as a limitation period

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13
Q

What are the 2 types of discovery that may occur?

A

Examinations of discovery and discovery of documents

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14
Q

What are the 3 potential phases involved in settling a dispute through the CRT?

A

Negotiation, facilitation, and adjudication

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15
Q

Define Injunction?

A

Court order which restrains a party from doing something or requires a party to do something

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16
Q

Define private law?

A

The type of law that deals with disputes between two or more individuals

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17
Q

Under the doctrine of stare decisis, which court has the most weight in our law?

A

Supreme court of Canada

18
Q

In the Common Law system, which law takes priority in case of conflict?

A

Equitable law

19
Q

What is the only Common Law remedy?

A

Damages

20
Q

List and define the different Equitable Remedies

A

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

21
Q

Define Statute Law

A

Laws passed by federal, provincial, and municipal govts

Mostly used to change common law

22
Q

Where are the powers of the federal govt set?

A

The powers if the federal govt are SET in the constitutition

23
Q

The federal govt has exclusive authority to pass legislation over which matters?

A

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

24
Q

Where are the powers of the provincial govt found?

A

The powers of the provincial govt are FOUND in the constitution

25
Q

What is the provincial govt responsible for?

A

1- Property and Civil Rights 2- Municipal Institutions 3- Justice within province 4- Education 5- Local and Private manners

26
Q

Property and Civil Rights matters are delgated to which govt?

A

Municipal Govts

27
Q

What is Civil Law?

A

Laws that have no direct concern with the state (EG. Agency, contract breach, torts)

Most important law for mortgage licensees (Real Property Law)

28
Q

Explain Public Law

A

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

29
Q

Name and explain the 2 trial courts

A

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

30
Q

Explain the BC Court of Appeal

A

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

31
Q

Supreme Court of Canada

A

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

32
Q

Describe Garnishing Order

A

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

33
Q

Step one of Trial Process in BC

A

Cause of Action Arises:

A civil wrong is committed (Breach of contract, Tort)

34
Q

Explain Step one of Trial Process in BC

A

Cause of Action Arises:

A civil wrong is committed (Breach of contract, Tort)

35
Q

Explain step two of Trial Process in BC

A

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

36
Q

Explain step three of Trial Process in BC

A

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.

37
Q

Explain step four of the Trial Process in BC

A

Trial:
A judge or judge/jury hear all evidence and gives a decision at a later date

38
Q

Explain step five of the Trial Process in BC

A

Decision is issued which resolves the case between both parties
Court may order unsuccessful party to pay fees and legal expenses

39
Q

Define Examination of Judgement Debtor

A

Plaintiff may examine Judgement Debtor in court, under oath, for any assets or income sources they may have

40
Q

Define Execution

A

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”

Mortgage Flash cards (12 decks)

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