Real Estate Examination Guide 2016 Categorized CHAPTER 1 FUNDEMENTALS OF LAW
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Sources of Law:
14. 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.
102. In Canada, the power to make laws is divided between the federal and provincial levels of government. Which of
the following have been assigned to the federal government?
A. jurisdiction over harbours
B. jurisdiction over the regulation of the heights of buildings and structures around airports
C. jurisdiction over matters affecting private property and the power to delegate some provincial
authority to a third level of government
D. jurisdiction over the regulations to protect fisheries
(1) A, C and D.
(2) A, B and D only.
(3) B, C and D only.
(4) Only A and B.
148. What is the result of the doctrine of stare decisis?
(1) Former decisions are used as a basis for later decisions.
(2) The common law system has uniformity.
(3) Decisions by the Supreme Court of Canada are accorded the most weight in our jurisprudence.
(4) All of the above result from the doctrine of stare decisis.
685. Precedents form a major part of the common law system. Another major source of our law is legislation. Which
of the following could be called "legislation"?
(1) the Land Title Act
(2) the Principle of Specific Performance
(3) the Equity of Redemption
(4) all of the above
741. 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.
(3) where common law and equity conflict, the judge must apply the common law rule.
(4) the judge may not do any of the above.
805. Which of the following statements concerning the equitable jurisdiction of the court are TRUE?
A.
The rules of equity developed as a remedy for the rigidity of the common law in England.
B.
Where the rules of equity and common law conflict, the court will apply the common law rule.
C.
Equitable remedies are available to parties in a court action as of right, regardless of their conduct.
D.
Specific performance, injunctions and legal damages are three types of equitable remedies.
(1) A, B and D are true.
(2) B and C are true.
(3) Only A is true.
(4) All of the above are true.
3 | P a g e Real Estate Examination Guide 2016 Categorized 812. Governments pass statutes in order to:
(1) change the common law.
(2) develop a system of precedent.
(3) alter the constitutional allocation of legislative authority between the federal and provincial governments.
(4) do all of the above
905. 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.
936. Equitable remedies are remedies which are within the court's discretion to award. Which of the following is NOT
an equitable remedy?
(1) specific performance
(2) injunction
(3) quantum meruit
(4) damages
963. Which of the following is NOT included in the concept of real property?
(1) natural features, such as trees and streams
(2) moveable objects such as furniture
(3) land
(4) manmade improvements, such as buildings
978. The term stare decisis means:
(1) on the surface.
(2) let the former decision stand.
(3) beyond the powers.
(4) decisions must be equitable.
Private and Public Matters:
38. Which of the following falls within the category of law called "public law"?
(1) breach of contract
(2) trespass
(3) constitutional law
(4) None of the above.
489. Which one of the following does NOT fall within the body of public law?
(1) tax law
(2) criminal law
(3) agency law
(4) constitutional law
164. Which one of the following statements is FALSE?
(1) The doctrine of precedent provides uniformity to the common law system.
(2) The Supreme Court of Canada is not required to hear all appeals.
(3) The Supreme Court of British Columbia may exercise both common law and equitable jurisdiction.
(4) An appeal by a taxpayer to reduce a tax assessment would fall within the sphere of private law.
4 | P a g e Real Estate Examination Guide 2016 Categorized BC Court System:
9. When commencing a law suit in small claims court, the plaintiff may originate the action in the jurisdiction where:
(1) either the plaintiff resides or the defendant resides.
(2) the plaintiff resides.
(3) either the cause of action arose or the defendant resides.
(4) either the plaintiff resides or the cause of action arose.
23. An appeal from the small claims court is to:
(1) the British Columbia Supreme Court.
(2) the Federal Court of Appeal.
(3) the British Columbia Court of Appeal.
(4) the Small Claims Court of Appeal
223. Which party to a court proceeding files a response to civil claim?
(1) The plaintiff.
(2) The accused.
(3) The defendant.
(4) The prosecutor
384. 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 formally reports the case before him or her because it is a crucial decision.
(3) the judge follows a former decision because the same facts exist in the case which is being decided.
(4) None of the above.
528. Which of the following statements about the trial process in British Columbia are TRUE?
A. Our common law system is based on an adversarial process in which each of the two opposing
parties presents its point of view to an impartial trier of fact whose decision is binding on both parties.
B. A plaintiff commences an action by filing a notice of civil claim in the court registry; once
served with the notice of civil claim, the defendant can answer by denying some or all of the claims
set out in the plaintiff’s notice of civil claim by filing a response to civil claim.
C. One of the major reasons why most claims are settled out of court is that the discovery process
allows the parties to see more plainly the strengths and weaknesses of their positions.
D. The plaintiff and defendant alternate in calling their witnesses.
(1) All of the above are true.
(2) Only A and B are true.
(3) Only A, B and C are true.
(4) Only B, C and D are true
5 | P a g e Real Estate Examination Guide 2016 Categorized 639. There are several steps taken before a lawsuit actually is brought before a judge. Which of the
following procedures DOES NOT take place before a trial begins?
(1) Filing and serving a notice of civil claim.
(2) Filing and serving a response to civil claim.
(3) Conducting an examination for discovery.
(4) Obtaining a garnishing order
793. Which of the following statements is TRUE?
(1) An appeal from all courts of original jurisdiction in B.C., including small claims court, is to the
B.C. Court of Appeal.
(2) An appeal from the B.C. Supreme Court is to the B.C. Court of Appeal.
(3) A person who loses in the B.C. Court of Appeal has an absolute right to be heard in the Supreme
Court of Canada.
(4) An appeal from small claims court is heard by three, five or seven judges.
830. When a judge in the B.C. Supreme Court exercises equitable jurisdiction:
(1) he or she may refuse to apply any law which is unfair.
(2) he or she may grant such remedies as specific performance or an injunction.
(3) he or she may refer to a code to ascertain the law on a particular matter.
(4) he or she may do all of the above.
897. There are several procedural steps involved in the trial process in British Columbia. Some of these
procedures are called:
A. Conducting discovery proceedings.
B. Filing and serving a response to civil claim.
C. Filing and serving a notice of civil claim.
D. Enforcing a judgment.
Which of the following is the correct chronological order of the above?
(1) A, B, C, D
(2) C, A, D, B
(3) B, D, A, C
(4) C, B, A, D
919. 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 Writ of Summons in the appropriate land title office against the judgment debtor's property
992. A new furnace that Sally installed in her house exploded 6 months after installation. Sally intends to
bring a lawsuit against the manufacturer. The first document that Sally's lawyer will file is:
(1) a response to civil claim.
(2) a notice of trial.
(3) a notice of civil claim.
(4) a garnishing order
6 | P a g e Real Estate Examination Guide 2016 Categorized ANSWERS CHAPTER 1
Q #
Ans.
14.
23.
38.
102.
148.
164.
223.
384.
489.
528.
639.
685.
741.
793.
805.
812.
830.
897.
905.
919.
936.
963.
978.
992.
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