Chapter 1 - Fundamentals Of Law Flashcards

1
Q

What is the only remedy at common law

A

Damages

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2
Q
What government has exclusive authority to pas legislation dealing with matters which involve:
. Banking 
. Bankruptcy 
. Currency
. Postal services 
. Marriage and divorce 
. Criminal matters 
. Patents 
. Copyright 
. Shipping 
. National Defence
A

Federal Government

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3
Q

What are the two major categories into which different areas of law fall

A

Civil and Public

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4
Q

What is classified under Civil Law?

A

Breach of contract
Divorce
Tort action

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5
Q

What are classified as Public law?

A

Tax law, constitutional law, criminal law

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6
Q

What cases due small claims courts over see

A

. $35000,00 and less

. The person being sued lives or carries on business there

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7
Q

What is the top trial court in BC?

A

Supreme Court

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8
Q

Where are appeals from small claims held?

A

Supreme Court

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9
Q

Where is an appeal from BC Supreme Court held?

A

BC court of Appeal

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10
Q

An appeal from BC Supreme Court is held where?

A

BC court of appeal

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11
Q

How many judges hear an appeal in the BC Supreme Court of a appeal?

A

3 or 5 judges. No evidence is reheard.

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12
Q

An appeal from the BC court of appeal is held where?

A

Supreme Court of Canada - highest level of appeal court.

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13
Q

How many judges hear an appeal in the Supreme Court of Canada

A

5-9

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14
Q

Who pays the court fees?

A

The unsuccessful party

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15
Q

What’s the difference between arbitration and mediation?

A

Mediation both parties decide on a solution lower than the original suite. Arbitration someone decides for you

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16
Q

Explain “Execution”

A

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

17
Q

Explain “ Remedy against land”

A

A judgment registered in the land title office against the debtor’s estate in land

18
Q

How often must a judgment against land be renewed

A

Every second year

19
Q

Explain “garnishing order”

A

An order enforcing the debtor pay the money owed directly to the courts b means of them coming right off his wages

20
Q

What % of wages is exempt from a garnishing order

A

70%