Chapter 1 Flashcards
Federal Government Powers
Exclusive authority to pass legislation on banking, bankruptcy, currency, postal services, marriage and divorce, criminal matters, patents, copyrights, shipping, fisheries, and national defence.
Provincial Government Powers
Authority over property and civil rights, municipal institutions, administration of justice, education, and matters of a purely local or private nature.
Municipal Government Powers
Local governments pass bylaws governing matters within their jurisdiction, such as street and traffic regulations and building bylaws.
Judicature Acts
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.
Torrens Land Registration System
A land registration system used in western provinces of Canada for comprehensive title registration.
Feudal System
A system where land was held in return for services to the Crown, forming the basis of modern property law.
Estates in Land
Rights to land granted under the feudal system, now forming the basis of property ownership.
Equitable Remedies
Legal remedies granted by courts based on fairness, such as injunctions and specific performance.
Specific Performance
Court order requiring a party to fulfill their obligations under a contract.
Injunction
Court order either prohibiting a party from doing something or requiring a party to do something.
Administrative Tribunals
Less formal adjudicative bodies established to hear disputes in specific areas, with decisions reviewable by courts.
Judicial Review
Court review of administrative tribunal decisions to ensure fairness and legal compliance.
Civil Resolution Tribunal (CRT)
Online tribunal in BC resolving strata disputes, small claims, and certain motor vehicle accident claims.
Negotiation Phase (CRT)
First phase of CRT process involving online communication between parties to settle disputes.
Facilitation Phase (CRT)
Second phase of CRT process where CRT staff assist parties in reaching a settlement.
Adjudication Phase (CRT)
Final phase of CRT process where an adjudicator makes a binding decision.
BC Supreme Court
Top trial court in BC with no monetary or territorial limitations on claims.
BC Court of Appeal
Provincial appellate court reviewing legal principles applied by the BC Supreme Court.
Supreme Court of Canada
Highest appellate court in Canada reviewing legal issues from lower courts.
Small Claims Court Jurisdiction
Handles claims up to $35,000, with territorial limitations based on where the defendant lives or where the claim arose.
Notice of Civil Claim
Document filed by the plaintiff outlining the details of their claim.
Response to Civil Claim
Document filed by the defendant denying some or all claims made by the plaintiff.
Examinations for Discovery
Pre-trial process where parties are examined under oath to reveal relevant evidence.
Discovery of Documents
Pre-trial process where parties exchange relevant documents before trial.
Balance of Probabilities
Standard of proof in civil cases, requiring the plaintiff to prove their case is more likely true than not.
Burden of Proof
Obligation of the plaintiff to prove their case in a civil trial.
Court Costs
Monetary allowance ordered by the court for the unsuccessful party to pay the successful party’s legal expenses.
Mediation
Dispute resolution process involving a neutral third party helping parties reach a mutually acceptable agreement.
Arbitration
Alternative to litigation where a neutral third party makes a binding decision after reviewing evidence and arguments.
Enforcement of Judgment
Methods for collecting a judgment if the defendant does not pay voluntarily.
Execution Against Assets
Process of seizing and selling the debtor’s assets to satisfy a judgment.
Garnishing Order
Court order directing a third party to pay money owed to the judgment debtor into the court.
Examination of Judgment Debtor
Process of examining the debtor’s assets and income to determine how to collect a judgment.
Limitation Act
BC statute setting time limits for bringing civil claims.
Basic Limitation Period
Two-year period within which most civil claims must be brought, starting from the date the claim is discovered.
Ultimate Limitation Period
Fifteen-year period starting from the date of the act or omission, beyond which no claims can be brought.
Acknowledgment of Debt
Actions resetting limitation periods, such as partial payment on a debt or written confirmation of liability.
Real Estate Services Act
BC statute regulating the provision of real estate services.
Personal Information Protection Act
BC statute establishing privacy guidelines for handling clients’ information.
Law of Agency
Legal principles governing the relationship between agents and their clients.
Contract Law
Law governing agreements between parties, largely derived from common law.
Civil Law
Law dealing with private matters between individuals, such as contracts and torts.
Public Law
Law concerning relationships between individuals and the state, including constitutional, tax, and criminal law.
Breach of Contract
Failure to perform obligations under a contract.
Tort Action
Legal action to remedy a wrong that causes harm to an individual.
Criminal Law
Law regulating offenses against the state.
Tax Law
Law regulating taxation imposed by the government.
Constitutional Law
Law governing the interpretation and application of the Constitution.
Real Property
Legal principles related to land and property.
Common Law System
System of law made up of principles based on historical customs and judicial decisions.
