Chapter 1

Question 1

Common Law - England

Doctrine of state decisis

Higher precedent

Answer 1

Is a made law typically recorded in written decisions.

Question 2

Common law remedies

Answer 2

Damages

Question 3

Equitable - fairness
Ask to do things

Remedies

Answer 3

Specific Performance - breach of contract

Injunction - stopping you

Question 4

Quantum Merit

Answer 4

The law will imply a PROMISE to pay a reasonable amount

Question 5

What is strong law Common or Equitable law

Answer 5

Equitable law prevails

Question 6

Statue law - Legislation

This law came in to change the common law since it is so old.

What is the legislation?

Answer 6

Land title

Question 7

If I was a judge whats source of law would l look at

Answer 7

The judge will look at statue law

Question 8

Which of the following statements is not true

Answer 8

In a conflict between statue law and equitable principal,equitable principles will prevail

Question 9

*****Which of the following best describes the difference between common law in statue

Answer 9

Common law refers to judge made law typically recorded and written decisions where statue all refers to legislation in acted by the government

Question 10

*****Where cases brought before a judge of British Columbia Supreme Court

Answer 10

The judge may exercise both equable and common law jurisdiction in a deciding the matter

Question 11

What follows under public law

Answer 11

Deals with state and individuals

Tax constitutional criminal law

Question 12

What falls under tour private law

Answer 12

Deals with problems between individuals

Breach of contract divorce and agency of contract law

Question 13

Which of the following act would engage a category of law that is considered public law

Answer 13

Evading taxes

Question 14

Which of the following statements are false

Answer 14

The supreme court acts as a trial court only

An appeal from small claims Court is to the BC court of appeal

Question 15

Which of the following statements are true

Answer 15

The supreme court of Canada is the highest appellate court in Canada

The BC Supreme Court is the highest trial level court in the province

Question 16

CRT - Civil Resolution Tribunal

Answer 16

On line
Strata fee
Strata bylaw
Small claim court

Question 17

Civil resolution tribunal

Answer 17

1.Negotiations (Communications)

2. Facilitation
   (CRT staff will assist the parties)
3. Adjudication
   ( make a decision)

Question 18

Trail Process

Answer 18

Pleading
Discovery - no judge
Trail - judge will be involved

Notice of claim - plaintiff
Notice of response - defendant

Question 19

Which of the following occurs during the pleading process

Answer 19

Response of a civil claim

Question 20

Forcing the judgement- who lost the case

Answer 20

Examination of judgement debtor

Writ ex execution- yes -

Remedies - Lien

Garnishing wages - yes only 30%

Question 21

Which of the following is not an available course of action to a successful plaintive seeking to enforce a judgement

Answer 21

Notice of civil claim

Question 22

Which of the following statements is true

Answer 22

The doctrine of stairs to sizes provides uniformity to the common law system

Question 23

Which of the following statements is true

Answer 23

The Supreme Court of Canada is not required to hear all appeals

Question 24

Which of the following statements is true

Answer 24

The supreme court of BC may exercise both common law and equable jurisdictions

Question 25

Which of the following statements false?

Answer 25

And Peele buy a tax pair to reduce a tax assessment would fall within a spheres of PRIVATE law

It should fall under public law.

Question 26

When a judge distinguish the case on its facts this means

Answer 26

The judge decides the fact CRUCIAL to a former decision not present in the case at hand and does not follow the former decision

Question 27

Which of the following would not be available to a judgement creditor as a means of enforcing a judgement

Answer 27

Register a right of summons inappropriate land title office against a judgement debitor property

Question 28

Which of the following statements is true with respect to the doctrine of stares decisis

Answer 28

If a court and BC has already decided a particular issue and in subsequent court is phase for the same issue the earlier decision should govern the subsequent decision

Question 29

Which of the following would not be available to a judgement creditor as a means of enforcing a judgement

Answer 29

Registering a notice civil claim in an appropriate land title office against a judgement debtor property