exam Flashcards
which type of law is the oldest and most rigid
- equitable law
- statute law
- common low
- common law
what is common law based on?
the doctrine of stare descsis (latin word which means, let the former decision stand)
what is common law?
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.
if there is a question that uses the words..
absolute
must be
always
would the answer likely be true or false
false, the statement is too strong, even though common laws are uniform, they are not likely guaranteed(absolute) withought considerations
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
yes, anywhere that common law has been adopted
what is equitable law?
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)
if you are suing someone for money which law would you use
common law
if you are suing someone for return of something personal or specific which law would you use
equitable law
what does quanti meruit mean and which law does it apply to
it means “as much as you deserve” and is used in equitable law
which law is stronger and will prevail in the court system, common law or equitable law
equitable law
can a judge mix and match remedies like damages(money from common law) and specific performance/injunction from equitable law?
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!!!
what is a satute law
legislative law that comes through the government
it is designed to change (overwrite)the common law that is sooo old and outdated
what is legislation?
land title act
which law is the strongest
common law
equitable law
statute law
statute law (most powerful)
followed by equitable law
and then common law (weakest one)
“quantum meruit” is a legal principal that:
- requires consideration to be quantifiable in the eyes of the court
- voids all contracts where the terms are not specific enough to have effect
- prevents consideration that occurned in the past from having any legal effect
- implies a promise to pay a reasonable amount where none is mentioned
- implies a “promise” to pay a reasonable amount where none is mentioned
promise is the key word
which if the following statements is NOT true?
- in a conflict between common law principles and equitable principles, equitable principles will prevail
- in a conflict between common law principles and statute law, statue law will prevail
- in a conflict between statue law and equitable principles, equitable principles will prevail
- in a conflict between equitable principles and statute law, statute law will prevail
- in a conflict between statue law and equitable principles, equitable principles will prevail
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:
- land title act
- principles of specific performance
- the equity of redemption
- all of the above
- land title act
which of the following BEST describes the difference between common law and statute law?
- statute law refers to the written decision of judges, whereas common law refers to unwritten legal principles and customs
- 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
- common law refers to judge-made law typically recorded in written decisions, whereas statute law refers to legislation enacted by governments
- common law refers to the generally applicable laws enacted by governments whereas statute law refers to specific regulations enacted under those general common laws
- common law refers to judge-made law typically recorded in written decisions, whereas statute law refers to legislation enacted by governments
where a case is brought before a judge of the British Columbia supreme court
- the judge may exercise equitable jurisdiction in deciding the matter
- the judge may exercise both equitable and common law jurisdiction in deciding the matter
- where common law and equitable conflict, the just must apply the common law rule
- the judge may not do any of the above
- the judge may exercise both equitable and common law jurisdiction in deciding the matter
which of the following statements concerning the equitable jurisdiction of the court is TRUE?
- where the rules of equity and the common law conflict, the court will apply the common law rule
- equitable remedies are available to parties in court action as of right, regardless of their conduct
- the rules of equity developed as a remedy for rigidity of the common law in England
- specific performance, injunctions, and legal damages are three types of equitable remedies
- 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)
what are the 3 types of remedies in equitable law?
- specific performance
- injunction
- quantum merriut
which of the following acts would engage a category of law that is considered “public law”
- breaching a warranty in a contract
- negligence
- evading taxes
- filing for divorce
- evading taxes
when a judge “distinguishes” a case on its facts, this means:
- 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
- the judge formally reports the case before him or her because it is a crucial decision
- the judge follows a former decision because the same facts exist in the case which is being decided
- none of the above
- 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
which of the following would NOT be available to a judgement creditor as a means of enforcing a judgment?
- examination under oath of the judgement debtor
- obtaining a write of execution so that the judgement debtors car can be seized and sold
- obtaining a serving a garnishing order on the judgement debtors bank
- registering a writ of summons in the appropriate land title office against the judgement debtors property
- registering a writ of summons in the appropriate land title office against the judgement debtors property
tricky again= write of sommons means “notification”