Chapter 1 -Fundamentals of Law

Question 1

What is Stare Decisis?

Answer 1

literally, “let the former decision stand” – to abide
by prior decisions

Question 2

What is common law?

Answer 2

A system of law made up of principles and rules of action based upon the ancient customs and usages of the people of a nation which have been
recognized, affirmed or enforced by the courts.

Question 3

What is law?

Answer 3

Body of rules which governs a society.

Question 4

equity (in common law) ?

Answer 4

Justice being administered by the
courts according to fairness as contrasted with the strictly formulated rules of common law.

Question 5

What is specific performance?

Answer 5

The court, rather than granting
damages in lieu of performance,
orders that the terms of the contract
be carried out by the party in default

Question 6

What is injunction?

Answer 6

A court order which either restrains
a party from doing something or
requires a party to do something

Question 7

What is statue law?

Answer 7

Body of law made by our government representatives in the federal
Parliament, provincial legislature, or municipal council.

Question 8

Common law

Answer 8

Includes both common law and equitable principles
and rules found in judicial decisions
* uniformity created as a result of stare decisis
(courts follow former similar decisions)

Question 9

Statue law

Answer 9

Laws passed by federal, provincial, and municipal governments
* federal and provincial powers found in the Constitution
* municipal power carved out of provincial power
* used to change the common law or to create rules in areas untouched by the common law.

Question 10

What is public law?

Answer 10

Law that regulates disputes between
individuals and the public as a whole.

Question 11

What is private law?

Answer 11

Law that deals with disputes between two
or more individuals

Question 12

What are Administrative Tribunals?

Answer 12

Less formal adjudicative bodies
established to hear disputes in specific areas.

Question 13

What is the Civil Resolution Tribunal Act?

Answer 13

Newly created online tribunal tasked with resolving almost all strata corporation disputes, including non-payment of strata
fees or non-enforcement of strata bylaws; certain small claims disputes; and certain motor vehicle accident
injury disputes. It is the first online tribunal of its kind in Canada.

Question 14

Whats the max amount for Small Claims Court?

Answer 14

$35,000 or less

Question 15

What is the Supreme Court of British Columbia?

Answer 15

Top trial court in the province; there is no monetary limitation on
claims which I will hear

Question 16

What is the Appellate Courts?

Answer 16

The higher court is called an appellate court and the person bringing the appeal is called the appellant. In most cases, an appellate court will not rehear the evidence that was presented at the trial level; instead, it will review
the legal principles applied by the trial judge. If the trial judge made an error in applying those principles, the
decision may be modified or reversed.

Question 17

What is mediation?

Answer 17

A dispute resolution process whereby
a mediator assists the parties to
constructively resolve their dispute and
avoid proceeding to a court hearing

Question 18

What is arbitration?

Answer 18

A form of dispute resolution where an
arbitrator hears evidence presented by both sides and issues a legally binding decision

Question 19

What is execution?

Answer 19

The process of commencing
proceedings to collect an amount
owing by reason of a judgment

Question 20

What is a Garnishing Order?

Answer 20

served on the third party and orders him or her to pay the money
into the court instead of to the debtor. The plaintiff will then apply to have the money paid out to it.