Chapters 1, 3 & 5 Flashcards
Fundamentals of Law, Estates & Interests in Land, Professional Liability of Licensees (57 cards)
What are the sources of law?
- Common Law
- Equitable Law
- Statute Law
Define Stare Decisis.
-“Let the former decision stand”
- Previous decisions are used for future, similar cases
What is the difference between Public Law and Private Law (Tort or Civil)?
- Public Law (Federal)- Governs the relationship between individuals and the government (e.g., tax, criminal, constitutional law)
- Private Law - Governs relationships between individuals (e.g., tort, civil, contrat, agency law)
What does Small Claims deal with in BC?
Claims between $5,001 and $35k
What is the BC Court of Appeal?
A court that handles legal issues only, with 3-5 judges, and does not rehear evidence.
What does the Civil Rights Tribunal (CRT) handle?
- Strata corporation disputes
- Small claims over $5k
- Motor vehicle accident injury disputes
What is the process in a Civil Trial?
- Cause of action arises
- Commencing action & pleadings (filing notice of civil claim)
- Discovery (under oath, like a mini trial. No judge present. parties can see strengths & weaknesses)
- Trial
- Judgement
What is the limitation period for civil claims?
2 years from the day the claim is discovered
What is an Examination of judgement debtor?
An under-oath examination listing all income, assets, liabilities, and expenses.
What is a Writ of execution?
A directive for seizure and sale of assets to pay the judgement.
What is a Fee Simple Estate?
- The greatest estate in land that can be inherited.
- Do not have to be named in will
- aka Freehold
What is a Leasehold?
- An estate similar to fee simple but with a time limit.
- eg: First Nations Land, UBC
Define Life Estate Pur Autre Vie.
- Interest in land enjoyed during another person’s life, ending upon their death.
- Appears on title as “subject to a life estate”
What are the 4 types of wastes?
- Voluntary Waste
- Permissive Waste
- Ameliorating Waste
- Equitable Waste
What is an Easement?
- A right to use neighboring property for the benefit of the holder’s land.
- Appears as a charge on title
What is a Restrictive Covenant?
- A restriction on the use of one person’s land for the benefit of another piece of land.
- Runs with the land
- Must protect or enhance property
- Creates intend to “bind” properties
What are the characteristics of Joint Tenancy?
- Time
- Title (same document)
- Interest (owns same percentage of interest)
- Possession (own the whole together)
What must a plaintiff prove in a negligence claim?
- Duty of care owed by the defendant
- Breach of standard duty of care
- Damages suffered were not too remote in law
What constitutes Negligent Misrepresentation?
- Untrue statement
- Made negligently
- Reliance by the plaintiff on the statement
- Contractual relationship is not required
What are the three types of trespass?
- Wrongful entering
- Wrongful remaining
- Wrongful placing
What are the remedies for trespass?
- Self help
- Injunction
- Damages
SID
What defines a Private Nuisance?
Substantial interference with the use & enjoyment of neighboring property.
What is the Occupiers Liability Act?
Defines an occupier as anyone in physical possession of premises, including tenants and landlords.
What are the three stages of Money Laundering?
- Placement (introducing proceeds of crime into the financial system)
- Layering (concealing the original funds by converting to another form)
- Integration (reintroducing $$ into the economy)
