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Chapter 1: Law > Source of Law > Flashcards

Source of Law Flashcards

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MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

2 sources source of law

A

Statue Law

Common Law

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2
Q

What does common law remedy?

A

Damages

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3
Q

What is Equity (Real Estate Term)?

A

Spirit & Habit of fairness, justness, right dealing

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4
Q

4 Characteristics of Common Law

A
  1. Hierarchy of the courts
  2. Stare Decisis - let the former decision stand
  3. Statute > Equity > Common (Order of the Court System)
  4. Rigidity - Firmly established during Tudors and Stuarts
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5
Q

History of Real Property Law (Starting from 1066)

A

Feudal System

The Normans - William the Conqueror & The Crown

Barons and Knights

Middle Lords

Peasantry - Estate Tenant

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6
Q

2 Source of Law in BC

A
  1. Statute Law

2. Common Law

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7
Q

What is Statute Law?

A

Law passed by Federal & Provincial Goverment in form of Legislation

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8
Q

What are the 3 levels of Government?

A
  1. Federal
  2. Provincial
  3. Local
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9
Q

What is the Federal law making body called? Give Example

A

Senates/Parliment - Competition ACT (ACT below to Statute Law)

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10
Q

What is the Provincial law making body called? Give Example

A

Judicature - Real Estate Services ACT (ACT always belong to Statute Law)

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11
Q

What is the Local law making body called? Give Example

A

Municipality/ City - Bylaws

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12
Q

What exclusive power does the Federal Government have in passing legislation?

A

Banking, Currency, Marriage, Divorce, Criminal Matter, Patents, Copyright, Shipping, Fishing, Height of Buildings & Objects Underneath

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13
Q

What power does the Provincial Government have?

A 
Local & Private in Nature
Property Rights
Civil Rights
Municipal institutions
Justice
Education
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14
Q

What power does the Provincial Government have?

A

Pass bylaw
Street
Traffic
Local Building

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15
Q

What are the 3 characteristics of Common Law?

A
  1. Court-based, Judge-made law
  2. Doctine of Stare Decisis
  3. Uniformity is created - decision of higher court is binding to lower court
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16
Q

What is the purpose of Statute Law?

A

To Statute Common Law

17
Q

What are the 2 categories of Law?

A
  1. Civil Law

2. Public Law

18
Q

What matter does Civil Law cover?

A

Relationship with Individuals
Breach of Contract
Divorce
Tort Action

19
Q

What matter does Public Law cover?

A

Constitution law
Tax law
Criminal law

20
Q

Which of the 2 categories of law do Real Estate Agents need to be concerned with?

A

Civil Law

Real Property Law

Chapter 1: Law (2 decks)

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