Chapter 1: Fundamentals of Law

Question 1

What are the three sources / types of law

Answer 1

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

Question 2

What kind of law is judge made?

Answer 2

Common law

Question 3

Common law facts

Answer 3

Doctrine of stare decisis -let the former decision stand

Precedent-former (earlier) case decisions are used

Question 4

Remedy for common law

Answer 4

Damages == $$$$

Question 5

What type of law is based around fairness?

Answer 5

Equitable law

Question 6

Remedies to equitable law

Answer 6

1) specific performance
2) injunction

Question 7

What type of law is based around legislation?

Answer 7

Statute law

Example: land title act

Enacted by government

Question 8

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

Answer 8

Statute 1st

Common later

Question 9

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

Answer 9

No

Question 10

What are the two primary types of law

Answer 10

1) private / civil / tort

2) public law

Question 11

Private law (also Tort/Civic Law)

Answer 11

Deals with problems between individuals

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

Question 12

Public law

Answer 12

Deals with problems between state and individuals

Tax, constitutional, criminal law

Question 13

Federal Government

Answer 13

Has exclusive authority to pass legislation dealing with matter which involve:

Banking, bankruptcy, currency, postal services, marriage and divorce, criminal matters, patents, copyrights, shipping, fisheries, and national defence.

Question 14

Provincial Governments

Answer 14

Are responsible for property and civil rights, municipal institutions, the administration of justice within the province, education and generally matters of a purely local or private nature.

Question 15

4 types of courts, in order from top of pyramid to lowest part of pyramid

Answer 15

1) Supreme Court of Canada
2) BC Court of Appeal
3) BC Supreme Court
4) Small Claims Court

Question 16

Small claims court

Answer 16

Lowest Trail Court

Monetary limit: $35,000 or less

Territorial limit: Where DEFENDANT lives or where claim arose

Question 17

BC Supreme Court

Answer 17

Acts as a trial court AND appeal court

No territorial or money limit

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

Question 18

Bc court of appeal

Answer 18

Highest appellate court in BC

Won’t rehear evidence but will review legal principles

Question 19

Supreme Court of Canada

Answer 19

Highest appellate court in Canada

No evidence is reheard

Not required to hear appeals

Question 20

Civil Resolution Tribunal (CRT)

Answer 20

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

Question 21

Phases associated with the Civil Resolution Tribunal (CRT)

Answer 21

Phase 1: Negotiation
Phase 2: Facilitation
Phase 3: Adjudication

Question 22

Negotiation

Answer 22

Involves the parties communicating online in an effort to settle the dispute

Question 23

Facilitation

Answer 23

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

Question 24

Adjudication

Answer 24

Where an adjudicator will make a decision that is enforceable by the courts

Question 25

Trial Process 4 stages

Answer 25

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

Question 26

Pleading

Answer 26

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

Question 27

Discovery

Answer 27

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

Question 28

Trial

Answer 28

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

Question 29

Judgment

Answer 29

Court issued a decision to resolve the issues ``` Winner = judgment creditor Loser = judgment debtor ```

Question 30

Plaintiff (claimant)

Answer 30

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

Question 31

Defendant

Answer 31

Person defending

Question 32

Enforcing the Judgement

Answer 32

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

Question 33

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

Answer 33

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

Question 34

When a case is brought before a judge of the British Columbia Supreme Court (can use what kind of laws?)

Answer 34

The judge may exercise both equitable and common law jurisdiction