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1.1
FUNDAMENTALS
OF LAW

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 1.1 Fundamentals of Law

Sources of Law

Common Law Equitable Law Statute Law

• Judge-made law recorded in
written decisions
• Originated from England
• Doctrine of stare decisis- let
the former decision stand
• Uniformity
• Precedent- former (earlier)
case decisions are used
(followed and referred to)
• Remedies: Damages
• Fairness • Legislation (the Land Title Act)
• Remedies: enacted by governments
•Specific performance • Made to alter, affect or change
•Injunction the Common law
•“Quantum Meruit” • In answering a legal question,
“asmuch as is deserved”. the judge 1st will look at Statute
- “Quantum Meruit”- “as law, before Common
The law will imply a promise
much as a
to pay is reasonable
deserved”. The law
amount.
will imply a promise to pay a
reasonable amount.

Federal - banking, bankruptcy,

Deals with problems
Civil /Tort/Private Law between individuals
(breach of contract,
divorce, tort action,
agency or contract law)
currency, postal services,
marriage and divorce, criminal
matters, patents, copyrights,
shipping, fisheries, and national
defense – NO Education
Provincial - Education

Categories of Law

Deals with problems

between State and
Public Law individuals
(Tax , constitutional,
criminal law)

Small • Lowest Trial court

• (Monetary limit: Claims of $35,000 or less,
Claims Territorial limit: where defendant lives or where claim arose)

Supreme Court • Acts as a Trial court AND an Appeal court.

• (No territorial or money limitation exists. Judge may
of BC order new trial – may REHEAR the case/evidence!)

• Highest Appellate (Appeal) Court in BC

BC Court of Appeal • Won’t rehear evidence but will review the
legal principles

• Highest appellate court in

Supreme Court of Canada Canada, No evidence is reheard
• Not required to hear all appeals

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 1.1 Fundamentals of Law

There are three potential phases involved in settling a

“CRT” Civil Resolution Tribunal dispute through the CRT:
A newly created online tribunal tasked with
resolving almost all strata corporation disputes, Negotiation (involves the parties
regardless of the value of the dispute: Phase 1 communicating online in an effort to
settle the dispute)
✓ non-payment of strata fees
Facilitation (CRT staff will assist the
✓ non-enforcement of strata bylaws; Phase 2 parties in attempting to reach a
settlement)
✓ certain small claims disputes;
Adjudication (where an
✓ and certain motor vehicle accident injury Phase 3 adjudicator will make a
disputes (up to $50,000) decision that is enforceable
by the courts)

Trial Process Enforcing the

Plaintiff (Claimant) - the person who is alleging a wrong occurred Judgment
(the injured party)
✓ Examination of Judgment Debtor
Defendant – person defending
o The judgment Debtor must
•Notice of Civil Claim – by plaintiff: gives the details reveal assets and income
•Response of Civil Claim – by defendant: statement denying the under oath
Pleading: claims ✓ Writ of Execution
o Assets can be seized and sold
•Like a mini trial, reveals as many facts as possible before the to satisfy the claim by Sheriff
actual trial. Often encourages a settlement. ✓ Remedies against Land – a Lien
Discovery -
no judge •Parties can see the strengths and weaknesses of their positions ✓ Garnishing Wages (Order) – not all

•Plaintiff must prove his case, called “burden“ of proof

Trial

•Court issues a decision to resolve the issues

Judgement

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 1.1 Fundamentals of Law
Questions
1). When a judge “distinguishes” a case on its facts, this means:

(1) 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.
(2) The judge follows a former decision because the same facts exist in the case which is being decided.

2). “Quantum Meruit” is a legal principle that:

(1) Requires consideration to be quantifiable in the eyes of the court.

(2) Implies a promise to pay a reasonable amount where none is mentioned.

3). A party to a dispute who is dissatisfied with a decision from a common law court may apply separately to the
courts of equity in the hope of receiving a fairer decision
(1) True
(2) False

4). In answering a legal question, the judge will first look to the relevant common law and will then refer to statue
law to fill in the gaps

(1) True
(2) False

5). Common law refers to judge-made law typically recorded in written decisions, whereas statue law refers to
legislation enacted by governments

(1) True
(2) False

6). Which of the following statements is NOT true?

(1) In a conflict between common law principles and equitable principles, equitable principles will prevail.
(2) In a conflict between common law principles and statute law, statute law will prevail.
(3) In a conflict between statute law and equitable principles, equitable principles will prevail.
(4) In a conflict between equitable principles and statute law, statute law will prevail.

7). Where a case is brought before a judge of the British Columbia Supreme Court:

(1) The judge may exercise only equitable jurisdiction in deciding the matter.
(2) The judge may exercise both equitable and common law jurisdiction in deciding the matter.

8). Which of the following statements concerning the equitable jurisdiction of the court is TRUE?

(1) Where the rules of equity and common law conflict, the court will apply the common law rule.
(2) Equitable remedies are available to parties in a court action as of right, regardless of their conduct.
(3) The rules of equity developed as a remedy for the rigidity of the common law in England.
(4) Specific performance, injunctions, and legal damages are three types of equitable remedies.

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 1.1 Fundamentals of Law

9) Which of the following BEST describes the role of “equity” in relation to the common law?
(1) Equity refers to the legal concept that once a court has laid down a principle of law applicable to a certain
set of facts, judges will abide by that principle in subsequent cases.
(2) Equity allows judges to administer justice in accordance with fairness, instead of merely applying the
more strictly formulated rules of common law.

10). Which of the following statements is TRUE with respect to the doctrine of stare decisis?
(1) All cases that have already been decided in the courts are predictable with absolute certainty.
(2) If a court in BC has already decided a particular issue, and a subsequent court is faced with the same issue,
the earlier decisions should govern the subsequent decision.
(3) Decision from Ontario court will have no relevance to courts in BC.
(4) BC courts of Appeal are authoritative for judges in the BC courts.

11). An appeal by a taxpayer to reduce a tax assessment would fall within the sphere of private law
(1) True
(2) False

12). Which of the following statements are FALSE?

A. The BC Supreme Court acts as a trial court only.

B. An appeal from Small Claims Court is to the BC Court of Appeal.
C. The Supreme Court of Canada is the highest appellate court in Canada.
D. The BC Supreme Court is the highest trial level court in this province.

(1) Only A and B

(2) Only C and D
(3) Only A and C
(4) Only B and D

13). Which one of the following occurs during the Pleading Process?
(1) Response of a civil claim
(2) Trial
(3) Judgment
(4) Enforcement of judgment

14). Which of the following is NOT an available course of action to a successful plaintiff seeking to enforce a
judgment?
(1) Execution
(2) Notice of civil claim
(3) A Garnishing Order
(4) A lien

15). Which of the following would NOT be available to a judgment creditor as a means of enforcing a judgment?

(1) Examination under oath, of the judgment debtor.

(2) Obtaining a Writ of Execution so that the judgment debtor's car can be seized and sold.
(3) Obtaining and serving a garnishing order on the judgment debtor's bank.
(4) Registering a Notice of a Civil Claim in the appropriate land title office against the judgment debtor's
property

Answers: 1(1), 2(2), 3(F), 4(F), 5(T), 6(3), 7(2), 8(3), 9(2), 10(2), 11(F), 12(1), 13(1), 14(2), 15(4)

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 1.1 Fundamentals of Law

MY NOTES:

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