Copyright 2017 by the UBC Real Estate Division

Transcription

1 DISCLAIMER: This publication is intended for EDUCATIONAL purposes only. The information contained herein is subject to change with no notice, and while a great deal of care has been taken to provide accurate and current information, UBC, their affiliates, authors, editors and staff (collectively, the "UBC Group") makes no claims, representations, or warranties as to accuracy, completeness, usefulness or adequacy of any of the information contained herein. Under no circumstances shall the UBC Group be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information contained herein. Further, the general principles and conclusions presented in this text are subject to local, provincial, and federal laws and regulations, court cases, and any revisions of the same. This publication is sold for educational purposes only and is not intended to provide, and does not constitute, legal, accounting, or other professional advice. Professional advice should be consulted regarding every specific circumstance before acting on the information presented in these materials. Copyright: 2017 by the UBC Real Estate Division, Sauder School of Business, The University of British Columbia. Printed in Canada. ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced, transcribed, modified, distributed, republished, or used in any form or by any means graphic, electronic, or mechanical, including photocopying, recording, taping, web distribution, or used in any information storage and retrieval system without the prior written permission of the publisher.

2 LESSON 1 FUNDAMENTALS OF LAW Required Reading 1. UBC Real Estate Division Mortgage Brokerage in British Columbia Course Manual. Vancouver: UBC Real Estate Division. Preface: Introduction to Real Estate and Mortgage Brokerage Chapter 1: Fundamentals of Law General Objectives As an introduction to this course, the Preface helps students to become familiar with the basic characteristics of the real estate market and the real estate industry. Chapter 1 provides a background for the various chapters in the course which deal with legal issues. Some basic legal ideas and concepts are introduced, but it is not intended to be an exhaustive review of the Canadian legal system. Learning Objectives Upon completion of this lesson, a student should be able to: 1. describe the sources of our laws; 2. explain the doctrine of stare decisis and how it is applied by the courts; 3. describe the difference between common law and equitable principles, and how they are applied today in British Columbia; 4. describe how the federal, provincial and municipal governments get their power to pass statutes, and give an example of a law each level might pass; 5. give an example of a public law matter and a private law matter; 6. discuss the historical basis of our real property law; 7. identify and describe the jurisdiction of the two trial courts in British Columbia; 8. describe the appeal process for each court; 9. distinguish between the role of the trial court and the appellate court; 10. list and describe the steps in a typical court case; 11. discuss why many cases are settled before trial; 12. list and describe the various methods of enforcing a judgment; and 13. explain the purpose of limitation periods.

3 1.2 Mortgage Brokerage in British Columbia Course Workbook ASSIGNMENT 1 FUNDAMENTALS OF LAW Submitting Your Answers You should submit your answers to the questions in multiple choice assignments on your Course Resources webpage. See "Multiple Choice Assignments: A How To Guide" in the Foreword for more information. Viewing Assignment Answer Guides Students are able to access the answer guides online. See your Student Handbook or visit your Course Resources webpage ( Assignment History/Answer Guides ) for more information on how to download assignment answer guides. Marks: 1 mark per question. 1. Which of the following statements respecting aspects of the British Columbia civil court system would be considered accurate? A. The next step for a disappointed litigant in a small claims dispute would be to appeal the small claims court decision to the BC Court of Appeal. B. A matter brought before the BC Court of Appeal will be settled by a decision delivered by the majority of the judges after they have listened again to all of the evidence. C. A BC Supreme Court judge can only hear cases involving amounts over $25,000. D. A litigant can bring his or her case no further than the BC Court of Appeal, unless leave to appeal to the Supreme Court of Canada is granted. (1) A, B, C, and D are accurate. (2) B and C only (3) C and D only (4) D only 2. After buying her fourth car, Jessie decides that it is time to build a new garage. Although she is not a professional, she is handy with tools and decides to design and build the garage herself. Once the garage is built, Jessie invites her neighbour, Steve, to her house to view her new garage. Steve thinks that the garage is unsightly and demands that she tear it down. Jessie, of course, refuses. That night, Steve drives his car through the garage, destroying months of hard work. Jessie successfully sues Steve and obtains an award of $80,000 for damages. Steve feels that the decision of the court is unfair and refuses to pay it. Which of the following steps may Jessie take? (1) Jessie can send a writ of execution to Steve and then personally seize and sell enough of his property to pay the judgment. (2) Jessie can apply to have a garnishing order served on Steve s employer, ordering the employer to pay all of his wages into the court. She can then apply to have all of the money paid out to her. (3) Jessie can register her judgment in the land title office against Steve s title and apply to the land title registrar for a judicial sale of Steve s property; after the payment of prior charges on title, the proceeds will go towards paying the judgment. (4) Jessie may do none of the above. Assignment 1 continues on next page

4 Lesson Elaine obtained a judgment against Jerry for $25,000. Several months have passed and Jerry continues to refuse to pay Elaine anything. Which of the following steps is open to Elaine to enforce the judgment? A. Elaine may register the judgment as a charge on Jerry's land; this would prevent any sale of it from completing because title to the property could not be transferred until the judgment was satisfied. B. Elaine may apply to have a garnishing order served on Jerry's employer, ordering the employer to pay all of Jerry's wages into court; Elaine could then apply to have that money paid out to her. C. Elaine may send a writ of execution to Jerry and then personally seize and sell enough of his assets to satisfy the judgment. D. Elaine may register her judgment in the land title office and apply to the court for a judicial sale of Jerry's property, the proceeds of which would go towards paying off the judgment, following payment of prior charges. (1) All of the above (2) A and B only (3) C and D only (4) D only 4. Which of the following statements is TRUE? A. The provincial government has exclusive responsibility for such areas as the administration of justice within the province, criminal matters, and education. B. The federal government has exclusive responsibility over marriage and divorce, postal services and civil rights. C. The residual power to legislate over areas not specifically covered in the constitution is left with the municipal governments. D. Where the common law does not provide an answer to a legal question, the courts must then refer to statute law for guidance. (1) A, B, and C only (2) A and B only (3) All of the above are true. (4) None of the above are true. 5. An examination for discovery: (1) usually takes place before the notice of civil claim is filed so that a person can ascertain whether a cause of action exists. (2) may be a major factor in the settlement of a dispute. (3) takes place before a judge, with all parties giving evidence under oath. (4) is the process under which each party is required to provide all relevant documents to the other party. 6. Xavier has successfully sued Yolanda in the Supreme Court of British Columbia. The court has ordered Yolanda to pay court costs. Which of the following statements is FALSE? (1) Court costs are always awarded against unsuccessful litigants like Yolanda. (2) Court costs will only cover some of Xavier's legal fees. (3) Court costs are not the same as legal fees. (4) In general, the possibility of being ordered to pay court costs helps to discourage people from bringing weak cases before the courts. Assignment 1 continues on next page

5 1.4 Mortgage Brokerage in British Columbia Course Workbook 7. Joshua wishes to operate a corner store out of the basement of his Richmond home. However, he is not sure if this would be against the law nor is he sure of who would be responsible for laws governing this situation. When Joshua questions his lawyer, she makes the following correct response. (1) The matter would be governed by a zoning bylaw created by municipal authorities who derive their power from the federal government. (2) The matter is governed by the law dealing with equitable rights which puts fairness above all else. (3) Joshua must deal with municipal authorities, a third level of government which derives its powers from the provincial government. (4) Joshua should go ahead with his plans as ignorance of the law is a valid defence to any legal action. 8. During which one of the stages of the trial process does the plaintiff (or his/her counsel) examine the opposing party under oath? (1) Pleadings (2) Discovery (3) Judgment (4) Execution 9. Which of the following is NOT a possible meaning of the term "common law"? (1) The law created by the courts as opposed to statute law. (2) The principles derived from the common law courts in England as opposed to the principles derived from the courts of chancery. (3) The laws created by the federal government in accordance with its power under the Constitution. (4) The system of law which relies upon the principle of stare decisis for its development. 10. Eric entered into a contract with Donna for Donna to paint Eric s fence. Donna never completes the job and Eric later sues her for breach of contract. Under which standard of proof must Eric prove the breach of contract? (1) Absolute proof (2) Innocent until proven guilty (3) Beyond a reasonable doubt (4) Balance of probabilities End of Assignment 1