Chapter 1 - Fundamentals of Law

Question 1

What are the three sources / types of law

Answer 1

1) common law
2) equitable law
3) statute law

Question 2

What kind of law is judge made?

Answer 2

Common law

Question 3

Common law facts

Answer 3

Doctrine of stare decisis -let the former decision stand

Precedent-former (earlier) case decisions are used

Question 4

Remedy for common law

Answer 4

Damages == $$$$

Question 5

What type of law is based around fairness?

Answer 5

Equitable law

Question 6

Quantum meruit

Answer 6

Comes from equitable law

“As much as is deserved”
The law will imply a promise to pay a reasonable amount

Question 7

Remedies to equitable law

Answer 7

1) specific performance
2) quantum meruit
3) injunction

Question 8

What type of law is based around legislation?

Answer 8

Statute law

Example: land title act

Enacted by government

Question 9

In answering a legal question, the judge will 1st look at ______ law before _______ law

Answer 9

Statute 1st

Common later

Question 10

Can a judge choose remedies from both equitable law and common law?

Answer 10

No sir,

Question 11

What are the two primary types of law

Answer 11

1) private / civil / tort

2) public law

Question 12

Civil / tort / private law

Answer 12

Deals with problems between individuals

Examples: breach of contract, divorce, tort action, agency or contract law

Question 13

Public law

Answer 13

Deals with problems between state and individuals

Tax, constitutional, criminal law

Question 14

Federal law involves what? And doesn’t involve what?

Answer 14

Involves:
Banking, bankruptcy, currently, postal services, marriage and divorce, criminal matters, patents, copyrights, shipping, fisheries, and national defence

Does not include education (think of grade 10 provincial exams) not federal exams

Question 15

Provincial matters include

Answer 15

Education!

Provincial exams

Question 16

4 types of courts, in order from top of pyramid to lowest part of pyramid
(Supreme sandwich)

Answer 16

1) small claims court
2) Supreme Court of BC
3) BC court of appeal
3) Supreme Court of Canada

Question 17

Small claims court

Answer 17

Lowest Trail Court

Monetary limit: $35,000 or less

Territorial limit: Where DEFENDANT lives or where claim arose

Question 18

Supreme Court of BC

Answer 18

Acts as a trial court AND appeal court

No territorial or money limit

Judge may order a new trial or rehear the case / evidence

Question 19

Bc court of appeal

Answer 19

Highest appellate court in BC

Won’t rehear evidence but will review legal principles

Question 20

Supreme Court of Canada

Answer 20

Highest appellate court in Canada

No evidence is reheard

Not required to hear appeals

Question 21

Civil Resolution Tribunal (CRT)

Answer 21

A Newley created ONLINE TRIBUNAL tasked with resolving almost all strata corporation disputes, regardless of the value of the dispute

Question 22

Civil Resolution Tribunal (CRT) looks after what topics?

Answer 22

1) non-payment of strata fees
2) non-enforcement of strata bylaws
3) certain small claims disputes
4) certain motor vehicle accident injury disputes (up to $50k)

Question 23

Phases associated with the Civil Resolution Tribunal (CRT)

Answer 23

Phase 1: negotiation
Phase 2: facilitation
Phase 3: adjudication

Question 24

CRT Phase 1

Answer 24

Negotiation - involves the parties communicating online in an effort to settle the dispute

Question 25

CRT phase 2

Answer 25

Facilitation - CRT staff will assist the parties in attempting to reach a settlement

Question 26

CRT Phase 3

Answer 26

Adjudication - where an adjudicator will make a decision that is enforceable by the courts

Question 27

Trial Process 4 stages

Answer 27

1) pleading 2) discovery - no judge 3) trial 4) judgement

Question 28

Pleading

Answer 28

Stage 1 of trial process 1) notice of civil claim - by plaintiff , gives details 2) response of civil claim - by defendant, statement denying the claims

Question 29

Discovery

Answer 29

No judge present! Like a mini trial that reveals as many facts as possible before the actual trial Parties can see the strengths and weaknesses of their positions Often encourages settlements

Question 30

Trial

Answer 30

Plaintiff must prove his case Must prove “burden of proof” Plaintiff makes their case first, then the defendant goes There is NO switching of witnesses

Question 31

Judgment

Answer 31

Court issued a decision to resolve the issues ``` Winner = judgment creditor Loser = judgment debtor ```

Question 32

Plaintiff (claimant)

Answer 32

The person who is alleging a wrong occurred (the injured party)

Question 33

Defendant

Answer 33

Person defending

Question 34

Enforcing the Judgement

Answer 34

1) examination of judgement debtor - the judgment debtor must reveal assets and income under oath A) writ of execution - assets can be seized and sold to satisfy claim by sheriff B) remedies against land - a lien C) garnishing of wages (order) - 30% of wages, not all

Question 35

When a judge “distinguishes” a case on its facts, this means

Answer 35

The judge decides that facts crucial to a former decision are not present in the case at hand and does not follow the former decision Aka - no precedent present

Question 36

Quantum meruit is a legal principle that

Answer 36

Implies a promise to pay a reasonable amount where none is mentioned

Question 37

In answering a legal question, the judge will first look at the relevant common law court and will then refer to statute law to fill in the blanks

Answer 37

False! Statute first

Question 38

Common law refers to judge made law?

Answer 38

True

Question 39

When a case is brought before a judge of the British Columbia Supreme Court

Answer 39

The judge may exercise both equitable and common law jurisdiction

Question 40

Which one of the following occurs during the pleading process?

Answer 40

Response of a civil claim

Question 41

Which one of the following is NOT an available course of action to a successful plaintiff seeking to enforce a judgement 1) execution 2) notice of civil claim 3) garnishing order 4) enforcement of judgment

Answer 41

2) not a judgment type

Question 42

An appeal by a taxpayer to reduce tax assessment would fall within the sphere of private law

Answer 42

False! Public law