Bullshit Flashcards
the duty of the lawyer to keep the information provided by the client confidential is called what?
Solicitor-Client privilege
Describe some situations when you should hire a lawyer?
- forming a business organization
- intellectual property
- selling a business
- forming contracts
How do you find an appropriate lawyer?
- make a list of referrals, and use legal referring website (provincial law society)
- meet with each lawyer you find appropriate
- Establish mutual trust
- Continuously reevaluate relationship
How do lawyers bill their clients
- fixed fee
- hourly rate: time spent
- contingency fee: the lawyer receives a percentage of what the client collects.
- disbursements; cost incurred by lawyer of client, reimbursed by client.
- retainer; a deposit held in a trust account
What is the law society’s complaint resolution process for lawyer conduct?
- mediation
- formal investigation (if warranted)
What is the law society’s complaint resolution process for lawyer conduct?
- mediation
- formal investigation (if warranted)
What is the Law?
The body of rule made by government that can enforced by the courts or by other government agencies.
Substantive Law
the rights and rules that govern behaviour and set limits on conduct.
Procedural Law determines what?
how substantive laws will be enforced.
Branch of law including constitutional law that determines how the country is governed and regulated our relationship with the government.
Public Law.
Branch of the law that governs personal, social, and business relationships;
private law
what province has a different noncriminal system based on the French civil code (that emphasizes that prior decisions do not constitute binding precedents)
Quebec.
what province has a different noncriminal system based on the French civil code (that emphasizes that prior decisions do not constitute binding precedents)
Quebec.
What is Stare Decisis?
A system of justice where the decision of a judge is binding on all judges in lower courts.
What is bijuralism
the idea that two legal traditions - civil law and common law coexist in Canada (does no exclude rules such as international law)
What does the court of Chancery (equity) deal with?
matters that could not be handled adequately or fairly by the common law courts
When was the first Constitution Act (British North American act)?
1867.
When was the Statute of Westminister
1931.
When was the second constitution Act (Pierre Trudeau)
1982.
What are the three elements of Canada’s constitution?
- statutes
- case law: jurisdiction to create statutes
- conventions: unwritten rules dictating how government is to operate and include the law
What does sections 91 and 92 of the constitution delegate?
powers between federal (S.91) and provincial (S.92) governments.
The government divides the law making authority among the following three branches?
- legislative branch: creates legislation/statutes
- Judicial: makes case law
- Executive branch: implements the law
What groups have exclusive self-governing powers?
First Nations people.
the first piece of indigenous self-governing legislation was called the…
Cree-Naskapi (of Quebec) Act
Which section of the constitution act (1982) recognizes existing indigenous treaty rights?
Section 35.
Paramountcy
the event when prov/fed laws overlap, the federal legislation is followed
When was Canadian Bill of Rights made, and what did it attempt to do?
-made in 1960. Attempted to limit authority of federal government to violate human rights.
When was the Charter added to the constitution?
1982.
What sections of the constitution state the limitations of the Charter?
S.1: states interference may be justified in a free . , democratic society
S.33: not-withstanding clauses; allows infringement on the charter rights but must be reviewed every 5 years.
S. 32 (1): restricts charter to government activities
What are fundamental freedoms in the Charter?
- freedom of conscience and religion
- freedom of thought, belief, opinion, and expression
- freedom of peaceful assembly and association
What are fundamental freedoms in the Charter?
- freedom of conscience and religion
- freedom of thought, belief, opinion, and expression
- freedom of peaceful assembly and association
What are some of our democratic rights?
- right to vote and be elected (if of age and mental ability)
- S.4 ensures election must be at least every 5 years.
What are some of our democratic rights?
- right to vote and be elected (if of age and mental ability)
- S.4 ensures election must be at least every 5 years.
What section of the charter regards mobility rights?
S.6: we can live anywhere in Canada as well as enter and leave the country at will.
What section of the charter regards mobility rights?
S.6: we can live anywhere in Canada as well as enter and leave the country at will.
What does section S.7 state rights to?
- right to life, liberty, and the security of person.
What do sections 8/9 of the charter prohibit?
- unreasonable search/seizure (8)
- arbitrary imprisonment (9)
What section of the charter prohibits discrimination?
S.15.
What do are language rights entail?
French and English have equal status.
- all federal government activities must be available in both official languages.
- guarantee for minority language education rights
- cannot be overridden by S.33
Quebec dissent and referendum:** might not be important but learn more
- meech lake accord
- Charlottetown accord
- re: unilateral secession of Quebec
Quebec dissent and referendum:** might not be important but learn more
- meech lake accord
- Charlottetown accord
- re: unilateral secession of Quebec
What does the Canadian Human Rights Act (CHRA) ensure?
individuals have access to employment without barriers
- access to facilities, services, and accommodations
Where are humans rights legislations cases heard?
tribunals.
Who did S.67: (prohibited complaints related to Indian act), disproportionately affect?
registered First Nations people, who did not have access to human right protections (they were discriminated by the very nature of the Indian act)
What is ADR?
Alternative Dispute Resolution.
What are the main methods to ADR
negotiation: decision making is left to disputing parties
mediation: neutral third party assists resolution making
arbitration: independent third party makes binding decision in matter under dispute
What are the main methods to ADR
negotiation: decision making is left to disputing parties
mediation: neutral third party assists resolution making
arbitration: independent third party makes binding decision in matter under dispute
What is balance of probailities
to succeed plaintiff must prove their case to be likelier then 50%, (***51% - to tip scales in their favour)