Lesson 1, Ch 1 - Real Estate Trading Services, UBC Sauder Flashcards

Chapter 1 – Fundamentals of Law

1
Q

The three potential phases involved in settling a dispute through the Civil Resolution Tribunal are: _______, _______, and _______.

A

The three potential phases involved in settling a dispute through the Civil Resolution Tribunal are: negotiation, facilitation, and adjudication.

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2
Q

The parties to a Civil Resolution Tribunal strata dispute can seek judicial review of the decision from the:
(1) Small Claims Court
(2) Supreme Court of Canada
(3) British Columbia Supreme Court
(4) British Columbia Court of Appeal.

A

(3) British Columbia Supreme Court

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3
Q

The type of law that deals with disputes between two or more individuals is known as:
(1) private law.
(2) public law.

A

(1) private law

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4
Q

Define mediation

A

A dispute resolution process wherein the disagreeing parties attempt to resolve their dispute by agreement, through negotiations that are facilitated by a neutral third party (i.e., mediator).

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5
Q

Literally meaning “let the former decision stand”, _______ ________ refers to the following of prior _________ when the facts are substantially the same.

A

Literally meaning “let the former decision stand”, stare decisis refers to the following of prior decisions when the facts are substantially the same.

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6
Q

The parties to a proceeding in British Columbia Supreme Court can seek judicial review of the decision from the _____ ______ ______ ______.

A

The parties to a proceeding in British Columbia Supreme Court can seek judicial review of the decision from the BC Court of Appeal.

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7
Q

The system of law made up of principles and rules of ancient customs and usages of the people of a nation which have been recognized, affirmed or enforced by the courts is known as the _________ ________.

A

The system of law made up of principles and rules of ancient customs and usages of the people of a nation which have been recognized, affirmed or enforced by the courts is known as the common law.

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8
Q

In law, the term _________ denotes the spirit and habits of fairness, justness, and right dealing which would regulate interaction between people.

A

In law, the term equity denotes the spirit and habits of fairness, justness, and right dealing which would regulate interaction between people.

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9
Q

Statute law is also known as _________.

A

Statute law is also known as legislation.

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10
Q

Small claims disputes for $_______ or less relating to debt or damages, recovery of personal property, personal injury, or specific performance of agreements involving personal property or services must be submitted to the Civil Resolution Tribunal.
(1) $5,000
(2) $10,000
(3) $20,000
(4) $30,000

A

(1) $5,000

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11
Q

The prescribed period of time in which a person has a right to bring an action is known as a _________ _________.

A

The prescribed period of time in which a person has a right to bring an action is known as a limitation period.

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12
Q

The Civil Resolution Tribunal is tasked with resolving all ____ ____ disputes and certain ____ ____ disputes.

A

The Civil Resolution Tribunal is tasked with resolving all strata corporation disputes and certain small claims disputes.

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13
Q

What are the two types of “discovery” that may occur in the pre-trial process in British Columbia?

A

The two types of “discovery” that may occur are examinations for discovery and discovery of documents.

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14
Q

Which of the following courts is NOT an appellate court?
(1) Supreme Court of Canada
(2) Small Claims Court
(3) BC Court of Appeal
(4) BC Supreme Court

A

(2) Small Claims Court

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15
Q

Small claims courts have the jurisdiction to deal with most claims of:
(1) $10,000 or less.
(2) $35,000 or less.

A

(2) $35,000 or less

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16
Q

An _________ is a court order which either restrains a party from doing something or requires a party to do something.

A

An injunction is a court order which either restrains a party from doing something or requires a party to do something.

17
Q

Where a civil wrong is committed, a person may initiate an action in BC Supreme Court by filing a ______ _____ ______ _______.

A

Where a civil wrong is committed, a person may initiate an action in BC Supreme Court by filing a Notice of Civil Claim.

18
Q

What are administrative tribunals?

A

Administrative tribunals are adjudicative bodies that make decisions on behalf of federal and provincial governments when it is impractical or inappropriate for the government to do so itself.

19
Q

Define arbitration.

A

A dispute resolution process wherein the disagreeing parties authorize a neutral third party, or parties, (i.e., arbitrator(s)) to decide the outcome of their dispute. The decision is typically binding on the parties.