Chapter 1 - Fundamentals Of Law Flashcards
Small Claims disputes for $5,000 or less relating to debt or damages, recovery of personal property, personal injury, or specific performance of agreements involving personal property or services must be submitted to the CRT.
The prescribed period of time in which a person has a right to bring action is as a Limitation Period
Literally meaning “let the former decision stand “Stare decisis” refers to the following of prior decisions when the facts are substantially the same.
An Injunction is a court order which which either restrains a party to do something.
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 the COMMON LAW
If facts are the same then the judge should make the decision as before. Higher level courts can over rule lower courts
People complained about the unfairness of CL, the king opened the Courts of Equity.
Common Law
You bought a house, seller refuse to transfer title at closing. The only remedy the judge had was give DAMAGES under CL.
BUT under COURTS OF EQUITY the judge could give the remedy of Specific Performance and compel the owner to transfer the house.
Small Claims
Civil Resolution Tribunal (CRT) $5,000 or less
Small Claims Court $5,001 to $35,000
BC Supreme Court —Over $35,000
Also the CRT handles ALL STRATA Disputes — no dollar limit AND MOTOR VEHICLE CLAIMS up to $50,000.
What are two types of “discovery” that may occur in the pre-trial process in BC.
1) Examinations for Discovery and
2) Discovery of Documents
This is like a mini trial that takes place between parties to the dispute and their lawyers without a judge present. This is an attempt to settle the dispute before going to trial.
The type of law that deals with disputes between two or more persons is known as:
1) private law
2) public law
Private law
The parties to a proceeding in BC Supreme Court can seek judicial review of the decision from the _______ _______ _______ ________.
BC Court of Appeal
The parties to a CRT strata dispute can seek judicial review of the decision from the: 1) Small Claims Court 2) Supreme Court of Canada 3) BC Supreme Court 4) BC Court of Appeal \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ BC Supreme Court
In law, the term EQUITY denotes the spirit and habits of fairness, justness, right dealing which would regulate interaction between people.
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Equity
Which of the following courts is NOT an appellate court? 1) Supreme Court of Canada 2) Small Claims Court 3) BC Court of Appeal 4) BC Supreme Court \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Small Claims Court
The 3 potential phases involved in settling a dispute through the CRT are: NEGOTIATION, FACILITATION, and ADJUDICATION. NFA
1) Negotiations, if not successful then move to step 2.
2) Facilitation
3) Adjudication (could be binding if agreed to by both parties.
Appeals to BCSC.
Where is Civil wrong committed, a person may initiate an action in BC Supreme Court by filing a NOTICE OF A CIVIL CLAIM.
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Notice of Civil Claim
The CRT is tasked with resolving
1/ MOST STRATA disputes (no limit);
SMALL CLAIMS disputes up to $5,000; and
MOTOR VEHICLE ACCIDENT disputes to $50,000.
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It’s done online, no need for lawyer.
