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RETS > Chapter 1 > Flashcards

Chapter 1 Flashcards

1
Q

Federal Government Powers

A

Exclusive authority to pass legislation on banking, bankruptcy, currency, postal services, marriage and divorce, criminal matters, patents, copyrights, shipping, fisheries, and national defence.

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2
Q

Provincial Government Powers

A

Authority over property and civil rights, municipal institutions, administration of justice, education, and matters of a purely local or private nature.

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3
Q

Municipal Government Powers

A

Local governments pass bylaws governing matters within their jurisdiction, such as street and traffic regulations and building bylaws.

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4
Q

Judicature Acts

A

Laws passed in the 1870s joining the courts of equity with the common law courts, allowing judges to apply both common law and equitable principles.

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5
Q

Torrens Land Registration System

A

A land registration system used in western provinces of Canada for comprehensive title registration.

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6
Q

Feudal System

A

A system where land was held in return for services to the Crown, forming the basis of modern property law.

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7
Q

Estates in Land

A

Rights to land granted under the feudal system, now forming the basis of property ownership.

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8
Q

Equitable Remedies

A

Legal remedies granted by courts based on fairness, such as injunctions and specific performance.

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9
Q

Specific Performance

A

Court order requiring a party to fulfill their obligations under a contract.

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10
Q

Injunction

A

Court order either prohibiting a party from doing something or requiring a party to do something.

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11
Q

Administrative Tribunals

A

Less formal adjudicative bodies established to hear disputes in specific areas, with decisions reviewable by courts.

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12
Q

Judicial Review

A

Court review of administrative tribunal decisions to ensure fairness and legal compliance.

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13
Q

Civil Resolution Tribunal (CRT)

A

Online tribunal in BC resolving strata disputes, small claims, and certain motor vehicle accident claims.

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14
Q

Negotiation Phase (CRT)

A

First phase of CRT process involving online communication between parties to settle disputes.

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15
Q

Facilitation Phase (CRT)

A

Second phase of CRT process where CRT staff assist parties in reaching a settlement.

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16
Q

Adjudication Phase (CRT)

A

Final phase of CRT process where an adjudicator makes a binding decision.

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17
Q

BC Supreme Court

A

Top trial court in BC with no monetary or territorial limitations on claims.

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18
Q

BC Court of Appeal

A

Provincial appellate court reviewing legal principles applied by the BC Supreme Court.

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19
Q

Supreme Court of Canada

A

Highest appellate court in Canada reviewing legal issues from lower courts.

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20
Q

Small Claims Court Jurisdiction

A

Handles claims up to $35,000, with territorial limitations based on where the defendant lives or where the claim arose.

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21
Q

Notice of Civil Claim

A

Document filed by the plaintiff outlining the details of their claim.

22
Q

Response to Civil Claim

A

Document filed by the defendant denying some or all claims made by the plaintiff.

23
Q

Examinations for Discovery

A

Pre-trial process where parties are examined under oath to reveal relevant evidence.

24
Q

Discovery of Documents

A

Pre-trial process where parties exchange relevant documents before trial.

25
Q

Balance of Probabilities

A

Standard of proof in civil cases, requiring the plaintiff to prove their case is more likely true than not.

26
Q

Burden of Proof

A

Obligation of the plaintiff to prove their case in a civil trial.

27
Q

Court Costs

A

Monetary allowance ordered by the court for the unsuccessful party to pay the successful party’s legal expenses.

28
Q

Mediation

A

Dispute resolution process involving a neutral third party helping parties reach a mutually acceptable agreement.

29
Q

Arbitration

A

Alternative to litigation where a neutral third party makes a binding decision after reviewing evidence and arguments.

30
Q

Enforcement of Judgment

A

Methods for collecting a judgment if the defendant does not pay voluntarily.

31
Q

Execution Against Assets

A

Process of seizing and selling the debtor’s assets to satisfy a judgment.

32
Q

Garnishing Order

A

Court order directing a third party to pay money owed to the judgment debtor into the court.

33
Q

Examination of Judgment Debtor

A

Process of examining the debtor’s assets and income to determine how to collect a judgment.

34
Q

Limitation Act

A

BC statute setting time limits for bringing civil claims.

35
Q

Basic Limitation Period

A

Two-year period within which most civil claims must be brought, starting from the date the claim is discovered.

36
Q

Ultimate Limitation Period

A

Fifteen-year period starting from the date of the act or omission, beyond which no claims can be brought.

37
Q

Acknowledgment of Debt

A

Actions resetting limitation periods, such as partial payment on a debt or written confirmation of liability.

38
Q

Real Estate Services Act

A

BC statute regulating the provision of real estate services.

39
Q

Personal Information Protection Act

A

BC statute establishing privacy guidelines for handling clients’ information.

40
Q

Law of Agency

A

Legal principles governing the relationship between agents and their clients.

41
Q

Contract Law

A

Law governing agreements between parties, largely derived from common law.

42
Q

Civil Law

A

Law dealing with private matters between individuals, such as contracts and torts.

43
Q

Public Law

A

Law concerning relationships between individuals and the state, including constitutional, tax, and criminal law.

44
Q

Breach of Contract

A

Failure to perform obligations under a contract.

45
Q

Tort Action

A

Legal action to remedy a wrong that causes harm to an individual.

46
Q

Criminal Law

A

Law regulating offenses against the state.

47
Q

Tax Law

A

Law regulating taxation imposed by the government.

48
Q

Constitutional Law

A

Law governing the interpretation and application of the Constitution.

49
Q

Real Property

A

Legal principles related to land and property.

50
Q

Common Law System

A

System of law made up of principles based on historical customs and judicial decisions.

RETS (18 decks)

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