Asked by Colby Hastings on May 09, 2024
Verified
(Modify this question for your province.) Which of the following is false with respect to our court system?
A) A negligence action, where the extent of damage is $1500, would most likely begin in the B.C. Provincial Court, small claims division.
B) The lawyer arguing before the B.C. Supreme Court could cite a British case, but the judge is not bound to follow it.
C) A judge on the B.C. Court of Appeal is bound to follow the decision of a judge on the B.C. Supreme Court on a case with similar facts.
D) There is no monetary limitation on the B.C. Supreme Court.
E) The consequence of the merger of the common law courts with the courts of equity is that the courts now apply both legal and equitable principles and remedies.
Negligence Action
A legal action taken for injury or damage resulting from a party's failure to exercise the care that a reasonably prudent person would have in similar circumstances.
B.C. Supreme Court
The superior trial court for the province of British Columbia, Canada, handling both civil and criminal cases.
Common Law
Common law is a legal system characterized by case law and precedent, where court judgments and legal principles from previous cases guide future rulings.
- Understand the hierarchy and functions of different courts within the Canadian legal system.
Verified Answer
LW
Lindsey WashingtonMay 13, 2024
Final Answer :
C
Explanation :
The B.C. Court of Appeal is not bound to follow the decisions of the B.C. Supreme Court. In the Canadian legal system, higher courts are not bound by the decisions of lower courts. The B.C. Court of Appeal, being a higher court, is not bound by decisions of the B.C. Supreme Court but is bound by its own decisions and those of the Supreme Court of Canada.
Learning Objectives
- Understand the hierarchy and functions of different courts within the Canadian legal system.