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UBC Real Estate Trading Services Licensing Course > Chapter 1 - Fundamentals of Law > Flashcards

Chapter 1 - Fundamentals of Law Flashcards

1
Q

What are the three sources / types of law

A

1) common law
2) equitable law
3) statute law

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2
Q

What kind of law is judge made?

A

Common law

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3
Q

Common law facts

A

Doctrine of stare decisis -let the former decision stand

Precedent-former (earlier) case decisions are used

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4
Q

Remedy for common law

A

Damages == $$$$

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5
Q

What type of law is based around fairness?

A

Equitable law

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6
Q

Quantum meruit

A

Comes from equitable law

“As much as is deserved”
The law will imply a promise to pay a reasonable amount

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7
Q

Remedies to equitable law

A

1) specific performance
2) quantum meruit
3) injunction

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8
Q

What type of law is based around legislation?

A

Statute law

Example: land title act

Enacted by government

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9
Q

In answering a legal question, the judge will 1st look at ______ law before _______ law

A

Statute 1st

Common later

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10
Q

Can a judge choose remedies from both equitable law and common law?

A

No sir,

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11
Q

What are the two primary types of law

A

1) private / civil / tort

2) public law

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12
Q

Civil / tort / private law

A

Deals with problems between individuals

Examples: breach of contract, divorce, tort action, agency or contract law

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13
Q

Public law

A

Deals with problems between state and individuals

Tax, constitutional, criminal law

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14
Q

Federal law involves what? And doesn’t involve what?

A

Involves:
Banking, bankruptcy, currently, postal services, marriage and divorce, criminal matters, patents, copyrights, shipping, fisheries, and national defence

Does not include education (think of grade 10 provincial exams) not federal exams

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15
Q

Provincial matters include

A

Education!

Provincial exams

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16
Q

4 types of courts, in order from top of pyramid to lowest part of pyramid
(Supreme sandwich)

A

1) small claims court
2) Supreme Court of BC
3) BC court of appeal
3) Supreme Court of Canada

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17
Q

Small claims court

A

Lowest Trail Court

Monetary limit: $35,000 or less

Territorial limit: Where DEFENDANT lives or where claim arose

18
Q

Supreme Court of BC

A

Acts as a trial court AND appeal court

No territorial or money limit

Judge may order a new trial or rehear the case / evidence

19
Q

Bc court of appeal

A

Highest appellate court in BC

Won’t rehear evidence but will review legal principles

20
Q

Supreme Court of Canada

A

Highest appellate court in Canada

No evidence is reheard

Not required to hear appeals

21
Q

Civil Resolution Tribunal (CRT)

A

A Newley created ONLINE TRIBUNAL tasked with resolving almost all strata corporation disputes, regardless of the value of the dispute

22
Q

Civil Resolution Tribunal (CRT) looks after what topics?

A

1) non-payment of strata fees
2) non-enforcement of strata bylaws
3) certain small claims disputes
4) certain motor vehicle accident injury disputes (up to $50k)

23
Q

Phases associated with the Civil Resolution Tribunal (CRT)

A

Phase 1: negotiation
Phase 2: facilitation
Phase 3: adjudication

24
Q

CRT Phase 1

A

Negotiation - involves the parties communicating online in an effort to settle the dispute

25
Q

CRT phase 2

A

Facilitation - CRT staff will assist the parties in attempting to reach a settlement

26
Q

CRT Phase 3

A

Adjudication - where an adjudicator will make a decision that is enforceable by the courts

27
Q

Trial Process 4 stages

A

1) pleading
2) discovery - no judge
3) trial
4) judgement

28
Q

Pleading

A

Stage 1 of trial process

1) notice of civil claim - by plaintiff , gives details
2) response of civil claim - by defendant, statement denying the claims

29
Q

Discovery

A

No judge present!
Like a mini trial that reveals as many facts as possible before the actual trial

Parties can see the strengths and weaknesses of their positions

Often encourages settlements

30
Q

Trial

A

Plaintiff must prove his case

Must prove “burden of proof”

Plaintiff makes their case first, then the defendant goes

There is NO switching of witnesses

31
Q

Judgment

A

Court issued a decision to resolve the issues

Winner = judgment creditor 
Loser = judgment debtor
32
Q

Plaintiff (claimant)

A

The person who is alleging a wrong occurred (the injured party)

33
Q

Defendant

A

Person defending

34
Q

Enforcing the Judgement

A

1) examination of judgement debtor
- the judgment debtor must reveal assets and income under oath

A) writ of execution - assets can be seized and sold to satisfy claim by sheriff

B) remedies against land - a lien

C) garnishing of wages (order) - 30% of wages, not all

35
Q

When a judge “distinguishes” a case on its facts, this means

A

The judge decides that facts crucial to a former decision are not present in the case at hand and does not follow the former decision

Aka - no precedent present

36
Q

Quantum meruit is a legal principle that

A

Implies a promise to pay a reasonable amount where none is mentioned

37
Q

In answering a legal question, the judge will first look at the relevant common law court and will then refer to statute law to fill in the blanks

A

False!

Statute first

38
Q

Common law refers to judge made law?

A

True

39
Q

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

A

The judge may exercise both equitable and common law jurisdiction

40
Q

Which one of the following occurs during the pleading process?

A

Response of a civil claim

41
Q

Which one of the following is NOT an available course of action to a successful plaintiff seeking to enforce a judgement

1) execution
2) notice of civil claim
3) garnishing order
4) enforcement of judgment

A

2) not a judgment type

42
Q

An appeal by a taxpayer to reduce tax assessment would fall within the sphere of private law

A

False!

Public law

UBC Real Estate Trading Services Licensing Course (24 decks)

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