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1
Q

which type of law is the oldest and most rigid

  1. equitable law
  2. statute law
  3. common low
A
  1. common law
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2
Q

what is common law based on?

A

the doctrine of stare descsis (latin word which means, let the former decision stand)

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3
Q

what is common law?

A

a judge made decision that was recorded/documented that is used as precedent (earlier cases which are followed and referred). least flexible of all laws. common law comes from england, and is a “judge made” law. pay attention to the key words.

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4
Q

if there is a question that uses the words..

absolute
must be
always

would the answer likely be true or false

A

false, the statement is too strong, even though common laws are uniform, they are not likely guaranteed(absolute) withought considerations

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5
Q

with common law, if there is not a case in B.C. to reference, can a judge go to another province or country to use as precendent

A

yes, anywhere that common law has been adopted

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6
Q

what is equitable law?

A

the law of fairness. a judge can look at common law, but also look at what is fair. if a person was suing for their car back and not in the form of damages(money) the just would look at both laws, common law and equitable law

equitable law uses- specific performance (can tell someone specifically what they have to do like return the car with the rims on it)

injunction(something you are not allowed to do moving forward, like walk on someones lawn)

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7
Q

if you are suing someone for money which law would you use

A

common law

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8
Q

if you are suing someone for return of something personal or specific which law would you use

A

equitable law

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9
Q

what does quanti meruit mean and which law does it apply to

A

it means “as much as you deserve” and is used in equitable law

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10
Q

which law is stronger and will prevail in the court system, common law or equitable law

A

equitable law

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11
Q

can a judge mix and match remedies like damages(money from common law) and specific performance/injunction from equitable law?

A

no, judge has to pick one law to use. on the exam they will try to trick you by putting both types into one remedy

the judge can excersice (which means “look at”) both laws, but then he has to pick 1!!!

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12
Q

what is a satute law

A

legislative law that comes through the government

it is designed to change (overwrite)the common law that is sooo old and outdated

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13
Q

what is legislation?

A

land title act

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14
Q

which law is the strongest
common law
equitable law
statute law

A

statute law (most powerful)

followed by equitable law

and then common law (weakest one)

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15
Q

“quantum meruit” is a legal principal that:

  1. requires consideration to be quantifiable in the eyes of the court
  2. voids all contracts where the terms are not specific enough to have effect
  3. prevents consideration that occurned in the past from having any legal effect
  4. implies a promise to pay a reasonable amount where none is mentioned
A
  1. implies a “promise” to pay a reasonable amount where none is mentioned

promise is the key word

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16
Q

which if the following statements is NOT true?

  1. in a conflict between common law principles and equitable principles, equitable principles will prevail
  2. in a conflict between common law principles and statute law, statue law will prevail
  3. in a conflict between statue law and equitable principles, equitable principles will prevail
  4. in a conflict between equitable principles and statute law, statute law will prevail
A
  1. in a conflict between statue law and equitable principles, equitable principles will prevail
17
Q

precedents form a major part of the common law system. another main source of our law is legislation. which of the following could be called “legislation:

  1. land title act
  2. principles of specific performance
  3. the equity of redemption
  4. all of the above
A
  1. land title act
18
Q

which of the following BEST describes the difference between common law and statute law?

  1. statute law refers to the written decision of judges, whereas common law refers to unwritten legal principles and customs
  2. in answering a legal question, the judge will first look to the relevant common law and then refer to statute law to fill in the gaps
  3. common law refers to judge-made law typically recorded in written decisions, whereas statute law refers to legislation enacted by governments
  4. common law refers to the generally applicable laws enacted by governments whereas statute law refers to specific regulations enacted under those general common laws
A
  1. common law refers to judge-made law typically recorded in written decisions, whereas statute law refers to legislation enacted by governments
19
Q

where a case is brought before a judge of the British Columbia supreme court

  1. the judge may exercise equitable jurisdiction in deciding the matter
  2. the judge may exercise both equitable and common law jurisdiction in deciding the matter
  3. where common law and equitable conflict, the just must apply the common law rule
  4. the judge may not do any of the above
A
  1. the judge may exercise both equitable and common law jurisdiction in deciding the matter
20
Q

which of the following statements concerning the equitable jurisdiction of the court is TRUE?

  1. where the rules of equity and the common law conflict, the court will apply the common law rule
  2. equitable remedies are available to parties in court action as of right, regardless of their conduct
  3. the rules of equity developed as a remedy for rigidity of the common law in England
  4. specific performance, injunctions, and legal damages are three types of equitable remedies
A
  1. the rules of equity developed as a remedy for rigidity of the common law in England

notice-

answer 2 uses “regardless” which is too strong of a statement

and answer 3- mixes two laws equitable law(specific performance, injunctions) and common law(legal damages)

21
Q

what are the 3 types of remedies in equitable law?

A
  1. specific performance
  2. injunction
  3. quantum merriut
22
Q

which of the following acts would engage a category of law that is considered “public law”

  1. breaching a warranty in a contract
  2. negligence
  3. evading taxes
  4. filing for divorce
A
  1. evading taxes
23
Q

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

  1. the judge decides the facts crucial to a former decision are not present in the case at hand and does not follow the former decision
  2. the judge formally reports the case before him or her because it is a crucial decision
  3. the judge follows a former decision because the same facts exist in the case which is being decided
  4. none of the above
A
  1. the judge decides the facts crucial to a former decision are not present in the case at hand and does not follow the former decision
24
Q

which of the following would NOT be available to a judgement creditor as a means of enforcing a judgment?

  1. examination under oath of the judgement debtor
  2. obtaining a write of execution so that the judgement debtors car can be seized and sold
  3. obtaining a serving a garnishing order on the judgement debtors bank
  4. registering a writ of summons in the appropriate land title office against the judgement debtors property
A
  1. registering a writ of summons in the appropriate land title office against the judgement debtors property

tricky again= write of sommons means “notification”

25
Q

which of the statements is TRUE with respect to the doctrine of stare decisis?

  1. all cases that have already been decided in the courts are predictable with absolute certainty
  2. if a court in BC has already decided a particular issue, and a subsequent court is faced with the same issue, the earlier decisions should govern the subsequent decision
  3. decision from the Ontario court will have no relevance to courts in bc
  4. bc courts of appeal are authoritative for judges in the bc courts
A
  1. if a court in BC has already decided a particular issue, and a subsequent court is faced with the same issue, the earlier decisions should govern the subsequent
    decision

with regards to answer 4, the small claims court or supreme court of bc does not have to seek authorization from the appeals court of bc to make a decision

26
Q

what does “act” mean?

27
Q

in common law, the judge can only do one thing which is…

A

damages. Damages are monetary awards. In in a legal sense, “damages” refers to monetary compensation that is claimed by a person or awarded by a court in a civil action to a person who has been injured or suffered loss because of the wrongful conduct of another party.

28
Q

doctrine of stare decisis?

A

judge follows a former discision because same facts are present in the case being decided

29
Q

when rules of equity and common law conflict, what happens

A

equitable law will rule beceamse more relevent and recent

30
Q

if someone stole a dog from another person, describe the remedies under each type of law

A

statue law: jail, fine

equity law: specific performance- oscar wants the dog back
injunction: stop stealing
quantum meriut: none

common law: money owed to the person to buy new dog (damages = money)

31
Q

when a judge follows a former decision becaue the same facts exist in the case at hand, this is the principal of __

  1. writ of execution
  2. a garnishing order
  3. star descis
  4. distinguish
A
  1. star descis
32
Q

the definition of doctrine of stare decisis is

  1. judge uses statue law to make decisions
  2. a legal right for equitable law
  3. common law are strict, rigid, and unfair
  4. latin for let the former decision stand
A
  1. Latin for let the former decision stand
33
Q

when a judge distinguishes a case, he does what

  1. not follow the decision of former case because the facts of the previous case are not present
  2. not follow the decision of former case because the facts of previous case are present
  3. follow the decision of former case because the facts of previous case are not present
  4. none of the above
A
  1. not follow the decision of former case because the facts of the previous case are not present
34
Q

of the 3 remedies of equitable law, specific performance, injunction, and quantum meruit, which one allows a judge to give a reasonable amount as a remedy?

  1. specific performance
  2. injunction
  3. quantum meruit
  4. damages
A
  1. quantum meruit

was pretty dumb that i thought it might be damages when it was not even one of the options in the actual question!

35
Q

if no statute law exists, what option is available to the judge in the bc supreme court?

  1. the judge may excercise both equitable law and common law
  2. the judge may excercise common law
  3. the judge may excercise equitable law
  4. the judge will not have any source of law
A
  1. the judge may excercise both equitable law and common law

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