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B LAW 301 > Quiz 1 > Flashcards

Quiz 1 Flashcards

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1
Q

What are the five characteristics of a sophisticated client?

A

KNOWLEDGEABLE, CONFIDENCE in lawyer interaction, ability to RESEARCH, ability to ASSIST the lawyer, ability to UNDERSTAND lawyer

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2
Q

What are the four ways lawyers charge their clients?

A
  1. Fixed fee
  2. Contingency fee
  3. Hourly rate
  4. Percentage rate (fixed fee + percentage)
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3
Q

What is a disbursement?

A

An out of pocket expense the lawyer incurs when handling your case.

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4
Q

What is a retainer?

A

An amount of money a lawyer will request before commencing work. (unused retainer funds will be returned to client at end of work)

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5
Q

What is the doctrine of precedent?

A

Past court decisions set a precedent for subsequent decisions.

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6
Q

What is the common law legal system?

A

A body of law evolved through judicial decisions of the courts. (based on precedent)

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7
Q

What are the three characteristics of a common law legal system?

A
  1. Fairness
  2. Consistency
  3. Predictability
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8
Q

What is the hierarchy of Canadian courts?

A
  1. SCC
  2. Provincial Court of Appeal (Alta. CA)
  3. Provincial/Territorial Superior Courts (Queen’s Bench)
  4. Provincial Courts
  5. Provincial Administrative Tribunals
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9
Q

What is stare decisis?

A

The legal principle of determining points in litigation according to precedent.

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10
Q

What is the definition of law?

A

Law is the body of rules that can be enforced by the courts or other government agencies.

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11
Q

What are the two primary sources of Canadian law? Explain the difference.

A
  1. Statue law: A formal, written enactment of a legislative body whether federal, provincial, or municipal.
  2. Common law: A body of law which derives and develops through judicial decisions.
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12
Q

Name and describe the 4 categories of law.

A
  1. Substantive Law: Rules that govern behaviour and sets limit on conduct.
  2. Procedure Law: How rights and obligations are enforced.
  3. Public Law: Regulates relationship with government.
  4. Private Law: Regulates personal, social, and business relationships.
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13
Q

What are the two factors that determine if a law is binding?

A
  • Geography or jurisdiction

- Level of court the precedent comes from

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14
Q

What are the three branches of government and what do they do?

A
  1. Legislative - Makes laws
  2. Executive - Carry out the laws
  3. Judicial - Uphold the laws
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15
Q

What is parliamentary supremacy?

A

A doctrine that can override common law. Legislation overrides common law.

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16
Q

What is subordinate legislation?

A

Courts can challenge and strike down on parliamentary law if that law infringes on the charter of rights and freedoms.

17
Q

What 3 elements is our Constitution made out of?

A
  1. Laws
  2. Court decisions
  3. Conventions (Unwritten rules, eg political parties)
18
Q

What are the 2 types of laws that have constitutional status?

A
  1. Laws dealing with charter issues

2. Laws dealing with division of powers

19
Q

What are the two main constitutional acts in Canada?

A
  • Constitution act of 1867

- Constitution act of 1982 (CORF)

20
Q

What was the main purpose of the Constitution act of 1867?

A

To set up the parameters of how Canada was to be governed, division of powers.

21
Q

What sections under which act deal with the division of powers between governments?

A

Sections 91 (federal) and 92 (provincial) of the constitution act of 1867.

22
Q

What is Intra Vires?

A

The idea that legislation is within a legislative body’s jurisdiction.

23
Q

What is Ultra Vires?

A

The idea that legislation is outside a legislative body’s jurisdiction.

24
Q

What is the doctrine of paramountcy?

A

A doctrine that is applied where federal and provincial laws are both valid but conflicting. If can’t adhere to both laws, follows federal law. If not conflicting, stricter law between the two is enforced.

25
Q

How many readings of the bill are there in provincial, and federal government?

A

Provincial: 3.
Federal: 6.

26
Q

Why is the Charter of Rights and Freedoms (CORF) useful?

A

Protects us from government intervention and interference.

27
Q

What are the 9 things the CORF protects?

A
  1. Fundamental Freedoms
  2. Legal Rights
  3. Equality
  4. Democracy
  5. Mobility
  6. Language
  7. Minority language education
  8. Aboriginal
  9. Multicultural
28
Q

What came prior to the charter, when, and why was it not as successful?

A

Bill of rights (BOR), 1960, not a constitutional document, too narrow in scope.

29
Q

What sections of the charter provide remedies?

A

Sections 24 (exclusion of evidence), 52 (strike laws)

30
Q

What is section 33/notwithstanding clause of the charter?

A

A clause that gives power to a government to opt out of certain rights.

31
Q

Which rights does section 33 allow opting out of?

A 
Section 2 (fundamental freedoms)
Sections 7 - 14 (legal rights)
Section 15 (equality rights)
32
Q

What are three limitations of the CORF?

A
  1. “Reasonable limits” (s. 1)
  2. Applies to government only (s. 32)
  3. Notwithstanding clause (s. 33)
33
Q

What is the purpose of Human Rights Legislation?

A

To protect individuals’ rights in the private sector.

34
Q

What are some protected areas under the Alberta Human Rights Act?

A
  • Publications, notices
  • Goods, services, facilities
  • Tenancy
  • Employment
  • Trade unions
35
Q

What is the affirmative action program?

A

Any profession or job where there is a tradition of gender or racial imbalance is allowed to give preferential treatment or consideration to the minority.

36
Q

What branch of court is a human rights panel?

A

An administrative tribunal.

B LAW 301 (9 decks)

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