Chapter 1 equitable

Question 1

Which one of the following statements is FALSE?

(1) The doctrine of precedent provides uniformity to the common law system.
(2) The Supreme Court of Canada is not required to hear all appeals.
(3) The Supreme Court of British Columbia may exercise both common law and equitable jurisdiction.
(4) An appeal by a taxpayer to reduce a tax assessment would fall within the sphere of private law.

Answer 1

4

Question 2

Where a case is brought before a judge of the British Columbia Supreme Court:

(1) the judge may exercise only equitable jurisdiction in deciding the matter.
(2) the judge may exercise both equitable and common law jurisdiction in deciding the matter.
(3) where common law and equity conflict, the judge must apply the common law rule.
(4) the judge may not do any of the above.

Answer 2

2

Question 3

Which of the following statements concerning the equitable jurisdiction of the court are TRUE?

A. The rules of equity developed as a remedy for the rigidity of the common law in England.
B. Where the rules of equity and common law conflict, the court will apply the common law rule.
C. Equitable remedies are available to parties in a court action as of right, regardless of their conduct.
D. Specific performance, injunctions and legal damages are three types of equitable remedies.

(1) A, B and D are true.
(2) B and C are true.
(3) Only A is true.
(4) All of the above are true.

Answer 3

3

Question 4

When a judge in the BC Supreme Court exercises equitable jurisdiction:

(1) he or she may refuse to apply any law which is unfair.
(2) he or she may grant such remedies as specific performance or an injunction.
(3) he or she may refer to a code to ascertain the law on a particular matter.
(4) he or she may do all of the above.

Answer 4

2

Question 5

Which of the following statements is NOT true?

(1) In a conflict between common law principles and equitable principles, equitable principles will prevail.
(2) In a conflict between common law principles and statute law, statute law will prevail.
(3) In a conflict between statute law and equitable principles, equitable principles will prevail.
(4) In a conflict between equitable principles and statute law, statute law will prevail.

Answer 5

4

Question 6

Equitable remedies are remedies which are within the court’s discretion to award. Which of the following is NOT an equitable remedy?

(1) specific performance
(2) injunction
(3) quantum meruit
(4) damages

Answer 6

4

Question 7

The term stare decisis means:

(1) on the surface.
(2) let the former decision stand.
(3) beyond the powers.
(4) decisions must be equitable.

Answer 7

2