Advocacy Flashcards
How should you address a judge or justice of the peace in small claims and criminal court?
Your Honor
This formal address is used to show respect in court settings.
What is the appropriate term to use when addressing a judge in provincial offences court?
Your Worship
This term reflects the formal nature of the proceedings.
How should you address members of administrative tribunals?
Mr. or Madam Adjudicator, Member
What should you do before speaking to a judge, justice of the peace, or adjudicator?
Always stand
Not aplicable for virtual hearings
What terms can you use to refer to counsel for the other side?
- My friend
- Counsel/agent for the plaintiff/defendant
- By last name
What is substantive law for a case?
First step in a successful trial
Understanding the elements of the case and potential defenses.
What rules should you know before trial?
Second requirement for success in a trial
The rules of trial practice
This involves understanding formalities and procedures.
Why should you know the rules of evidence for your court/tribunal?
third requirement for success in a trial
It ensures you know which types of evidence are admissible.
What must you have when dealing with witnesses and conveying your message to the judge?
fourth & fifth requirement for success in a trial
- You must have skill and tact in dealing with witnesses and laying out your case for the judge who knows nothing about the facts of your case.
Throughout the entire trial, who is watching you closest?
The other side, waiting for you to make mistakes
The view of facts and law that can justify a favourable decision for your clients (their side of the story - what and why) is called?
The Theory of a Case
How do you gather facts to build your theory of the case?
- Conduct a detailed interview of your client
- Ask them for any documentary evidence
- Interview witnesses
How do you identify the legal issues raised by the facts of a case?
- ask what the client wants
- determine the area of law involved
- formulate the issues
What does substantive law determine?
which facts you need to prove
Why should you assess your opponents case as well as your own?
- identify your case’s strengths and weaknesses
- anticipate your opponent’s theory of the case and prepare for it
