Common Law - ✅✅ -1. originated from england
2. Doctrine of stare decisis
3. Uniformity
3. Precedent
Equitable Law - ✅✅ -originally from england, non money remedy, to avoid unjust
enrichment by only uses of common law, includes injunctions (court orders not to do
something)
Statue Law - ✅✅ -A law or act passed by government
-created through legislation ( ex/ land title act)
- Made to alter/change common law
✅✅
rank the sources of law from strongest to least strongest in power authority? -
-1. statue law
2. Equitable law
3. common law
what are the remedies regarding common law? - ✅✅-Damages
what are the remedies regarding Equitable law? - ✅✅-1. Specific performance
(can force you to carry out services)
2. Injuntion (restraining order)
3. Quantum Meruit ( Much as you deserve)
✅✅
what are the areas/laws does the federal , Provincial and Municipal goverment
control - -Federal - harbours/airports/fisheries/criminal matters/ national
defense
✅✅
Whats is the difference between Civil/tort/private laws and Public law? -
-Civil/tort/private - deals with problem between individuals (breach of contract,
divorce, agency or contract law)
Public - Problems between state and individuals (tax/constitutional/ criminal law )
SSBS Hiearchy - ✅✅-
small claims - ✅✅--claims of 35000 or less
- where defendent lives or where claim occured
,supreme court of BC - ✅✅ --No territorial limitations present
- judge can order new trial
✅✅-do not rehear evidence but review the legal principles
BC court of appeal -
Supreme Court of Canada - ✅✅-the highest appeals court in Canada; also deals
with constitutional questions referred to it by the federal government
- Not required to hear all appeals
- no evidence is reheard
Describe the steps of the trial process ? -✅✅ -1. Pleading
- civil claim presented by plaintiff
- response of civil claim by defendant (statement of denying )
2. Discovery (No judge)
- mini trial present facts before trial to often reach a settlement
- allows observation of the strength and weaknesses of the claims presented
3. Trial
- Plaintiff must prove the case
4. Judgement
court issues a dicision to resolve the issues
What are the 4 options of enforcing judgment ? - ✅✅-1. examination of the
judgement debtor
- creditor wins
-debtors assets analyzed (cars,house)
2. Writ of execution
assets can be siezed and sold to statify the claim of sheriff
the real estate foundation is responsible for ? - ✅✅-1. real estate Law reform
, 2. 5 members (minister of finance + 4 members)
3. Education + research
4. Receives all interest payable on all brokerage accounts
-Protects the public
The real estate council is responsible for ? -✅✅ -1. Enforcing the ACT(
2. Maintaining and advancing the knowledge of its licensees
3. 16 members (9 brokers + lay members + realtors)
4. Establishing educational requirements
5. issuing and renewing licence
5. holding disciplinary hearings
6. suspend/repremend/ cancel license
7.Inspect and copy records
8. investigate before and after you received license
9. May apply to the court in order to seize records
-No law reform
-Statutory
Real estate errors and omissions corp. - ✅✅ -1. Levy different acessments on
Licenses
2. failure to pay immediate suspension of the license
3. Up to 1 million coverage per licensee / $2000 deductible (Brokerage also pays)
- Imposes licensing requirements
real estate compensation corp - ✅✅-if the person suffered loss the council will refer
to a refund
-establishes RE council
British columbia real estate association (BCREA) is responsible for ? - ✅✅-1.
Public relations
2. government consultation
3. ongoing education
-11 real estate boards : runs MLS + enforces code of ethics
- reveal estate institute of BC : advanced education
Real estate development acts Imposes ___? - ✅✅-disclosure requirements on
developers with superintended of R.E
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