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LWSO 203 > topic 5 > Flashcards

topic 5 Flashcards

1
Q

True or false there was no formal university level law school pre 1950s

A

True

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2
Q

How many law schools are there in Canada

A

• Now 24 law schools in Canada (2024)

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3
Q

What determines eligibility into law school

A

• Eligibility determined by GPA and the Law
School Admissions Test (LSAT)

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4
Q

What was the academic study of law designed to supplement …

A

Legal apprenticeship (articling); this means that the academia part of law school was developed to support and enhance the practical training of future lawyers

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5
Q

What is articling

A
  • a law students period of apprenticeship under supervision of a licensed lawyer
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6
Q

What is a Juris Doctor

A

After completing law school successful students receive their JD

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7
Q

What is a law society

A

a provincial association that
licenses lawyers to practice

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8
Q

What is the roles/functions of a law society

A

establish standards, collect
annual fees from membership, provide legal aid,
provide insurance to members, discipline
lawyers and approve law schools

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9
Q

What does the Canadian bar association do

A

shares information about the practice, offers
networking and professional development
opportunities and represents the interests of
Canada’s legal community

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10
Q

What is the federation of law societies of Canada

A

the national association of Canada’s provincial legal
societies

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11
Q

What does the federation of law societies of Canada regulate

A

Regulates Canada’s legal profession, shares
information across law societies and facilitates
national collaboration (FLSC, 2024)

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12
Q

What is a lawyer

A
  • someone who has the legal recognition to practice law
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13
Q

What is the roles and functions of a lawyer

A
  • provide legal representation, prosecute and defend suspected offenders, establish legal arguments, offer legal advice, act as trustees, legal research, legal drafting, advocacy, negotiate and draft contracts
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14
Q

About how many practicing lawyers are there in Canada

A
  • 136 000
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15
Q

True or false there has been persisting debates regarding the increasing number of lawyers in Canada

A

True

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16
Q

The 2 aspects of the legal world are…

A
  1. Litigation
    2.solicitation
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17
Q

There has been a significant decrease of women lawyers true or false

A

False INCREASE

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18
Q

Canadian bar associations code of professional conduct

A
  • established in 2009
  • replaced the 1920 guide for ethical standards of lawyers
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19
Q

Federation of law societies model code of professional conduct, when was it adopted and what does it focus on

A
  • adopted in 2009
  • focuses on ethical issues like ]
  • competence in legal services
  • confidentiality of client information
  • conflicts of interest
  • preservation of client property/disbursements
  • marketing/advertising of legal services
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20
Q

How does Gavin grant relate to the federation of law societies model code of conduct and disbarment

A
  • He violated multiple ethical violations reflecting unethical conduct outlined in the model code such as SA, drug processions, involvement with minors
  • he got disbarred
21
Q

Disbarment

A

removal from the bar and membership
of law society terminated

22
Q

Other than disbarment what other ways can lawyers be reprimanded

A

Lawyers can also be reprimanded in other ways (i.e.
fining, suspensions from practice)

23
Q

What area of law does the federation of law societies deal with

A

Administrative law

24
Q

Roles and functions of judges

A

• administer the law, preside over
the legal process, make important legal decisions,
sentence offenders, interpret the law and establish
case law

25
Q

Federal judges are appointed by…

A
  • cabinet, (minister of justice) with assistance of a judicial advisory committee
26
Q

How many federally appointed judges are there in Canada

A
  • 1,180
27
Q

What percentage of federally appointed judges are there in Canada

A
  • 45%
28
Q

Who oversees Canadas federal judges

A

• Canadian Judicial Council: oversees Canada’s
federal judges

29
Q

What does the Canadian judicial council consist of

A

-Consists of 41 members; chaired by the Chief
Justice of Canada

30
Q

What is statutory interpretation

A

• Judges are expected to interpret ambiguous legislative
statutes in terms of their i) wording schemes,
ii) object of the act and iii) intent of the act (Driedger,
1983)
• 2 general approaches: i) British tradition and
ii) European/US version
• In many instances, statutes include definition sections
to reduce statutory interpretation
• 3 rules and 3 grammatical principles for statutory
interpretation

31
Q

3 rules and 3 grammatical principles for statutory interpretation

A
  • Rules: i) plain meaning rule, ii) golden rule and
    iii) mischief rule
  • Grammatical principles: i) exclusive terminology,
    ii) combining similar kinds and iii) defining in
    relation to similar concepts
32
Q

What is the plain meaning rule

A
  • word of the statute itself, literal meaning of the terms no imposing of ideas
33
Q

Golden rule

A
  • interpret statute in terms of context, if there 9s any absurdity or inconsistency
34
Q

Mischief rule

A
  • what is the intent of the legislation , looking at a the bigger picture what problem the law is trying to solve and interpreting the law to fix that problem
35
Q

What is exclusive terminology

A
  • expression of 1 is the exclusion of another, if the legislation applies to a specific circumstance only that is where the legislation applies
36
Q

What is the combining similar kinds grammatical principle

A
  • any kind of general phrasing can be combined with any specific phrasing used before in interpreting legislature
37
Q

Describe the grammatical principle where you are defining in relation to similar concepts

A
  • means understanding a concept by comparing it to so,etching that is similar
38
Q

using the example of no motor vehicles allowed after 8pm use the grammatical principle exclusive terminology

A

motor vehicles excludes non motor vehicles like bikes and pedestrians

39
Q

using the example of no motor vehicles allowed after 8pm use the grammatical principle combining similar kinds

A

Bicycles and pedestrians are grouped together because they share the similarity of being non-motorized

40
Q

using the example of no motor vehicles allowed after 8pm use the grammatical principle defining in relation to similar concepts

A

motor vehicles are defined by contrasting them with non-motorized transportation (bikes and pedestrians)

41
Q

What is used to determine legislative intent

A

Legislative history and case law

42
Q

When did the field of law move away from a narrower approach to statutory interpretation

A

1980s

43
Q

Judicial activism

A
  • term used to
    characterize more active
    judicial interpretation of
    legislation
44
Q

True or false Canada has moved closer to
the American model of judicial
review]

A

True

45
Q

What is precedent

A

Precedent: a judgement or decision of
a court of law cited as an authority for
similar cases

46
Q

Precedent results in a more…

A

Precedent results in a more dynamic
legal system, but also a more
predictable one

47
Q

Problems with precedent

A

i) when it takes priority over the intention of a
statute and
ii) when it self-binds a court

48
Q

Stare decisis:

A

‘to stand by decided
things’

LWSO 203 (11 decks)

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