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Property Management > PM / CHAPTER 1. Fundamentals of Law > Flashcards

PM / CHAPTER 1. Fundamentals of Law Flashcards

1
Q

____________ is court-based, judge-made law.

A

Answer: common law

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2
Q

In common law legal systems, a ________ is a legal case establishing a principle or rule.

A

Answer: precedent

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3
Q

Stare decisis means _________ .

A

Answer: let the former decision stand.

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4
Q

Under the doctrine of ___________ decisions made by the Supreme Court of Canada have the most weight in our law.

A

Under the doctrine of stare decisis, decisions made by the Supreme Court of Canada have the most weight in our law.

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5
Q

TRUE OR FALSE? If there is a conflict between common law and equitable principles - the law of equity takes precedent.

A

ANSWER: TRUE

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6
Q

In law, to _________ means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.

A

In law, to DISTINGUISH a case means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.

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7
Q

QUICK NOTE / Today, in Canada, the two court systems (common law and courts of equity) are combined; consequently, judges can apply both common law and equitable principles in deciding a matter. If there is a conflict between the two, EQUITABLE PRINCIPLES TAKE PRIORITY.

A

QUICK NOTE / Today, in Canada, the two court systems (common law and courts of equity) are combined; consequently, judges can apply both common law and equitable principles in deciding a matter. If there is a conflict between the two, EQUITABLE PRINCIPLES TAKE PRIORITY.

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8
Q

_________ is the body of law made by our government representatives in the federal parliament, provincial legislature, or municipal council.

A

Statute law is the body of law made by our gov’t representatives in the federal parliament, provincial legislature, or municipal council.

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9
Q

The federal government has exclusive authority to pass legislation dealing with (list 6)

A

Fed. gov’t has exclusive authority to pass legislation dealing with matters which involve banking, bankruptcy, currency, postal services, marriage and divorce, criminal matters, patents, copyrights, shipping, fisheries, and national defence.

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10
Q
A
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11
Q

True or False?
The provincial government is responsible for property and civil rights.

A

Answer: True​

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12
Q

Residual power to legislate is granted to ______.

A

The residual power to legislate over areas not specifically covered is left with the federal government.

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13
Q

True or False: Municipal governments are not given authority to legislate under the constitution.

A

ANSWER: True. . . power to legisl. granted to provinces. Prov. give certain powers to munic. govts

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14
Q

True or False? The role most often played by legislation is to change the common law.

A

Answer: True!

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15
Q

In answering a legal question, a judge will first look to see if a _____ has been passed which provides an answer.

A

Answer: Statute

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16
Q

The two major categories of law are:

A

Answer: private law and public law

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17
Q

Civil law is also known as ______ law.

A

Answer: Civil law is also known as private law.

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18
Q

Civil law deals with relationships between __________.

A

Answer: Individuals

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19
Q

Divorce and breach of contract are examples of ________ law.

A

Answer: Civil or Private

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20
Q

Tax law, constitutional law, and criminal law are examples of ___________

A

Answer: Public

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21
Q

From the point of view of a real estate licensee, _________ law is most important.

A

Answer: Civil

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22
Q

In each province, a dispute is first heard and judgement first passed upon it in the courts of ____________.

A

Answer: original jurisdiction.

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23
Q
A
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24
Q

Small claims courts have the jurisdiction to deal with most claims of $__________ or less.

A

Answer: $25,000

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25
Q

A small claims court claim needs to be filed in the court registry nearest to either __________

A

The claim needs to be filed in the court registry nearest to either:

- where the defendant lives or carries on business, or

- where the event that led to the claim happened.

26
Q

______ is the top trial court in BC.

A

The British Columbia Supreme Court is the top trial court in the province.

27
Q

True or False: There is no monetary limitation for claims which the Supreme Court of British Columbia will hear, nor is there any territorial limitation within the province.

A

Answer: True

28
Q

After a trial judge has made his or her decision, either party may appeal that decision to a higher court. The higher court is called an __________.

A

After a trial judge has made his or her decision, either party may appeal that decision to a higher court. The higher court is called an appellate court.

29
Q

An appeal from the small claims court is to the ___________.

A

An appeal from the small claims court is to the BC Supreme Court.

30
Q

An appeal from the British Columbia Supreme Court is taken to the ____________.

A

An appeal from the British Columbia Supreme Court is taken to the British Columbia Court of Appeal.

31
Q

True or False?

The Supreme Court of Canada can decide not to hear the appeal.

A

Answer: True!

32
Q

True or False? An appeal to the British Columbia Court of Appeal is heard by a panel of judges.

A

Answer: True

33
Q

True or False? The Supreme Court of Canada can decide not to hear the appeal.

A

Answer: True

34
Q

Why are most claims settled out of court?

A

The effect of our pre-trial process, and the risk of paying court costs.

35
Q

A plaintiff begins an action by filing a __________.

A

A plaintiff now begins an action by filing a notice of civil claim.

36
Q

The defendant answers a notice of civil claim by filing a ___________.

A

The defendant answers a notice of civil claim by filing a response to a civil claim.

37
Q

The examination for discovery is like a ______ that takes place between the parties to the dispute and their lawyers.

A

The examination for discovery is like a “mini-trial” that takes place between the parties to the dispute and their lawyers.

38
Q

True or False: The examination for discovery is heard before a judge.

A

False.

39
Q

QUICK NOTE / DAMAGES are monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another. DAMAGES ARE A COMMON LAW REMEDY

A

QUICK NOTE / DAMAGES are monetary compensation that is awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another. DAMAGES ARE A COMMON LAW REMEDY

40
Q

At the plaintiff’s request, a writ of ______ is issued by the court to the sheriff directing seizure and sale of enough of the debtor’s assets to pay the judgement plus the costs of seizure.

A

At the plaintiff’s request, a WRIT OF EXECUTION is issued by the court to the sheriff directing seizure and sale of enough of the debtor’s assets to pay the judgement plus the costs of seizure.

41
Q

A _______ order is served on the third party and orders him or her to pay the money into the court instead of to the debtor.

A

A garnishing order is served on the third party and orders him or her to pay the money into the court instead of to the debtor.

42
Q

Where there are no assets for the sheriff to seize, the sheriff returns the writ to the court marked __________ or “no goods”

A

Where there are no assets for the sheriff to seize, the sheriff returns the writ to the court marked NULLA BONA or “no goods”

43
Q

_______ percent of wages are exempt from seizure.

A

Seventy percent of wages are exempt from seizure.

44
Q

True or False: Court costs are the same as legal fees

A

False.

45
Q

The doctrine of ________ helps in giving our law uniformity.

A

Answer: Stare decisis

46
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.

47
Q

Appeals from the small claims level are heard by ___________

A

ANSWER: BC Supreme Court

48
Q

The _________ government is responsible for civil rights matters.

A

The PROVINCIAL government is responsible for civil rights matters.

49
Q

**TRUE or FALSE?

At the BC Court of Appeal level, no evidence is reheard, only matters of law are considered**

A

ANSWER: True

50
Q

_______ is the pre-trial stage in a lawsuit by which each party can request documents and other evidence from other parties.

A

Discovery is the pre-trial stage in a lawsuit by which each party can request documents and other evidence from other parties.

51
Q

**TRUE OR FALSE?

Court costs do not automatically get awarded against the losing party**

A

ANSWER: TRUE

52
Q

A plaintiff begins an action by filing a __________, which outlines the details of the plaintiff’s claim.

A

A plaintiff begins an action by filing a NOTICE OF CIVIL CLAIM, which outlines the details of the plaintiff’s claim.

53
Q

**TRUE OR FALSE?

It is not possible to garnish 100% of a judgement debtors wages?**

A

**ANSWER: TRUE

Not possible to garnish ALL wages
70% of wages are exempt from garnishment**

54
Q

_____ governments receive their power to legislate from the provincial government

A

Municipal governments receive their power to legislate from the provincial government

55
Q

A ___________ is a court order that permits a creditor to instruct a sheriff to seize and sell assets/property of a debtor to satisfy an unpaid judgment.

A

ANSWER: A writ of execution

56
Q

**True or False?

The BC Supreme Court is subject to a $25,000 monetary limitation.**

A

**ANSWER: False

BC Supreme Court which is not subject to any monetary limitations.**

57
Q

The ____________ is like a “mini-trial” that takes place between the parties to the dispute and their lawyers.

A

The examination for discovery is like a “mini-trial” that takes place between the parties to the dispute and their lawyers.

58
Q

TRUE OR FALSE? Trespass is a type of public law?

A

ANSWER: FALSE . . .
[it is type of PRIVATE LAW]

59
Q

QUICK NOTE / Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages and is classed as an EQUITABLE REMEDY

A

QUICK NOTE / Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to awarding damages and is classed as an EQUITABLE REMEDY

60
Q

TRUE OR FALSE? Statute law takes precedent over common law.

A

TRUE OR FALSE? Statute law takes precedent over common law.

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