Terms, Ch 1 - Real Estate Trading Services, UBC Sauder

Question 1

Define Law

Answer 1

the enforceable body of rules which governs a society. In BC, law comes from two sources, common and statute law

Question 2

Common Law

Answer 2

• court based, judge made law typically recorded in written decisions
• derives authority from historical customs and decisions of judges originally settling disputes between people in accordance with social customs
• originated in England during the Norman Conquest of England 1066 AD

Question 3

Stare Decisis

Answer 3

• latin phrase meaning let the former decision stand
• earlier diecision made by a court higher than the court hearing the case, earlier cases are referred to as ‘precedents’

Question 4

Equity (in common law)

Answer 4

concept of justice administered by the courts according to fairness as contrasted with the strictly formulated rules of common law. In Law, the term equity denotes the spirit and habit of fairness, justness and right dealing with

Question 5

what is civil (private) law?

Answer 5

law that deals with disputes between two or more individuals that are of no direct concern to the state

examples:
* breach of contract
* divorce
* tort action

Question 6

what is public law?

Answer 6

areas of law that deal with the Constitution and bodies of government,
the relationship between individuals and the state, and relationships between individuals that are of direct concern to the state.

examples:
* tax law
* constitutional law
* criminal law

Question 7

what are the courts of original jusrisdiction (aka trial courts)?

Answer 7

• Small Claims Court
• Supreme Court of BC

Question 8

purpose of the trial courts

Answer 8

• when a dispute isn’t resolved by an administrative tribunal
• all evidence is presented, including the oral testimony of witnesses, documents and any other relevant materials.
• judge reviews the evidence & renders a decision

Question 9

small claims court

Answer 9

• located throughout BC
• deal with most claims of $35,000 or less
• cause of action must be within the territoral jurisdiction of the court or that the person being sued lives or carries on business there
• if the amount claimed is greater than the monetary limit, the claimant can either reduce the claim or bring it to the Supreme court

Question 10

supreme court of BC

Answer 10

• top trial court in the province
• no monetary limit on claims
• no territorial limitation within the province
• action can be brought before the Supreme Court of BC in any of the upreme court locations in BC

Question 11

procedure for bringing a claim

Answer 11

1. Cause of action arises
2. Commencing the action and pleadings
3. Discovery
4. Trial
5. Judgment

Question 12

Proceedure for bringing a claim

(1) Cause of Action Arises

Answer 12

A civil wrong (breach of contract or tort) is committed

Question 13

Proceedure for bringing a claim

(2) Commencing the Action and Pleadings

Answer 13

• injured party consutls with lawyer
• lawyer prepares and files a notice of civil claim naming the plaintiff and the defendant
• defendant answers with response to civil claim
• additional pleadings may also be filed
• filed pleadings outline the case that each intends to present if matter goes to trial

Question 14

Proceedure for bringing a claim

(3) Discovery

Answer 14

• each party is examined under oath by the other party’s lawyer
• all relevant documents are examined
• most actions are settled after discoveries have taken place

Question 15

Proceedure for bringing a claim

(4) Trial

Answer 15

• a judge alone or a judge and jury hear all of the evidence and gives a decision at a later date