CH.1 Fundamentals of Law

Question 1

What are administrative tribunals?

Answer 1

Adjudicative bodies that make decisions on behalf of fed. and prov. govts when it is impractical or inappropriate to do so itself.

Question 2

What is the dispute process in British Columbia that requires parties to constructively resolve their dispute and avoid proceeding to a court hearing?

Answer 2

Mediation

Question 3

Statute Law is also known as?

Answer 3

Legislation

Question 4

“Let the former decision stand” what is stare decisis?

Answer 4

following of prior decisions when the facts are substantially the same

Question 5

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

Answer 5

BC Court of Appeal

Question 6

To which extent do Small Claims Courts have jurisdiction to deal with most claims?

Answer 6

The amount of $35,000 or less

Question 7

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?

Answer 7

Common Law

Question 8

What is the definition of Equity?

Answer 8

The spirit and habits of fairness, justness, and right dealings which regulate interaction between people

Question 9

When a civil wrong is committed, a person may initiate an action in BC Supreme Court by filing?

Answer 9

A Notice of Civil Claim

Question 10

Define Arbitration

Answer 10

Form of alternative dispute resolution where an arbitrator(s) hear evidence and legal arguments from both parties and issues a decision, which is legally binding and enforceable in most contexts

Question 11

What is the Civil Resolution Tribunal tasked with?

Answer 11

Resolving all strata corporation disputes and certain small claims disputes

Question 12

Define Limitation period

Answer 12

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

Question 13

What are the 2 types of discovery that may occur?

Answer 13

Examinations of discovery and discovery of documents

Question 14

What are the 3 potential phases involved in settling a dispute through the CRT?

Answer 14

Negotiation, facilitation, and adjudication

Question 15

Define Injunction?

Answer 15

Court order which restrains a party from doing something or requires a party to do something

Question 16

Define private law?

Answer 16

The type of law that deals with disputes between two or more individuals

Question 17

Under the doctrine of stare decisis, which court has the most weight in our law?

Answer 17

Supreme court of Canada

Question 18

In the Common Law system, which law takes priority in case of conflict?

Answer 18

Equitable law

Question 19

What is the only Common Law remedy?

Answer 19

Damages

Question 20

List and define the different Equitable Remedies

Answer 20

1- Specific Performance: Court orders that the terms of the contract be carried out by default

2- Injunction: Court which requires or restrains a party from doing something

3- Quantum Meruit: The plaintiff gets as much as he deserves

Question 21

Define Statute Law

Answer 21

Laws passed by federal, provincial, and municipal govts

Mostly used to change common law

Question 22

Where are the powers of the federal govt set?

Answer 22

The powers if the federal govt are SET in the constitutition

Question 23

The federal govt has exclusive authority to pass legislation over which matters?

Answer 23

1- Banking 2- Bankruptcy 3- Fisheries 4- Currency 5- Postal Services 6- Marriage and Divorce Matters 6- Criminal Matters 7- National Defence 8- Patents 9- Copyright 10- Shipping

Question 24

Where are the powers of the provincial govt found?

Answer 24

The powers of the provincial govt are FOUND in the constitution

Question 25

What is the provincial govt responsible for?

Answer 25

1- Property and Civil Rights 2- Municipal Institutions 3- Justice within province 4- Education 5- Local and Private manners

Question 26

Property and Civil Rights matters are delgated to which govt?

Answer 26

Municipal Govts

Question 27

What is Civil Law?

Answer 27

Laws that have no direct concern with the state (EG. Agency, contract breach, torts) Most important law for mortgage licensees (Real Property Law)

Question 28

Explain Public Law

Answer 28

areas of law that deal with the constitution (Tax, Constitution, and Criminal Law) Addresses disputes between govt's or govt agencies (Income tax disputes are handled by Public Law

Question 29

Name and explain the 2 trial courts

Answer 29

1- Small Claims Court: cases involving a claim of $35,000 or less. Claim must be filed in the small claims court nearest to where defendant lives or cause of action arose. 2- BC Supreme Court: Highest trial Court and appeal court for small claims court decision No monetary or territorial limit

Question 30

Explain the BC Court of Appeal

Answer 30

Highest appellate court in BC 3,5, or 7 judges hear appeals from the BC Supreme Court. Considers Legal issues only. No evidence is reheard, and decision of majority of the judges decides matter

Question 31

Supreme Court of Canada

Answer 31

Highest appellate court in Canada Can decide not to hear an appeal, and listens to legal issues only. No evidence is reheard 3,5,7, or 9 judges will hear the appeal, and majority decision decides matter

Question 32

Describe Garnishing Order

Answer 32

Where a third person owes money to judgement debtor Can be served on a 3rd person to pay money into court instead of to debtor Not possible to garnish all of debtors wages

Question 33

Step one of Trial Process in BC

Answer 33

Cause of Action Arises: A civil wrong is committed (Breach of contract, Tort)

Question 34

Explain Step one of Trial Process in BC

Answer 34

Cause of Action Arises: A civil wrong is committed (Breach of contract, Tort)

Question 35

Explain step two of Trial Process in BC

Answer 35

Commencing the Action: Plaintiff files Notice of Civil Claim Defendant files response to Civil Claim The Notice of Civil Claim, and response to Civil Claim outlines the case each party will present in court

Question 36

Explain step three of Trial Process in BC

Answer 36

Discovery: Each party examined under oath All relevant documents are examined Most actions are settled here as parties can see strengths and weaknesses in case.

Question 37

Explain step four of the Trial Process in BC

Answer 37

Trial: A judge or judge/jury hear all evidence and gives a decision at a later date

Question 38

Explain step five of the Trial Process in BC

Answer 38

Decision is issued which resolves the case between both parties Court may order unsuccessful party to pay fees and legal expenses

Question 39

Define Examination of Judgement Debtor

Answer 39

Plaintiff may examine Judgement Debtor in court, under oath, for any assets or income sources they may have

Question 40

Define Execution

Answer 40

If debtor has assets, they can be seized and sold. Plaintiff can request Writ of Execution from court to sheriff. Sheriff can seize/sell enough assets to pay judgement and cost of seizure fees. If debtor has no assets, sheriff returns Writ of Execution to court as "Nulla Bona" or "No Goods"