Paralegal Exam Study Flashcards

A comprehensive set of vocabulary flashcards covering the Law Society's rules of conduct, business law, civil litigation, torts, contracts, and employment law for paralegal students.

Convocation

The meeting of benchers that sets policy and governs the legal professions.

Benchers

The board of directors for the Law Society; some are elected by licensees while others are appointed by the Lieutenant Governor in council.

Treasurer

The head of the Law Society who presides over Convocation and is elected by voting benchers.

Professional Regulation Division (PRD)

A division of the Law Society that handles complaints, investigations, discipline prosecutions, and monitoring orders.

Must / Shall

Terminology indicating that an action or rule is required.

Should

Terminology indicating that an action or conduct is recommended.

May

Terminology indicating that an action is discretionary.

Undertaking

A personal promise given by a licensee to carry out specific tasks or conditions.

Trust Conditions

Requirements that documents or property be held until specific conditions are met; once accepted, they become personally binding.

Substantive Equality

An approach to equality that looks at the actual impact of laws or actions rather than just formal, identical treatment.

Competence

A requirement for paralegals involving the application of relevant knowledge, skills, and judgment to each matter.

Civil Society Organizations (CSO)

Entities through which a paralegal may provide legal services while maintaining a direct client relationship and independence.

Duty of Confidentiality

The obligation of a paralegal to hold in strict confidence all information concerning the business and affairs of the client acquired during the professional relationship.

Fiduciary

A relationship of trust where one party acts on behalf of and in confidence for another.

Joint Retainer

A situation where a paralegal represents multiple clients in the same matter, requiring shared disclosure and equity.

Non-engagement Letter

A letter sent when a paralegal declines representation, confirming that no solicitor-client relationship exists.

Bright-Line Rule

A rule preventing a licensee from acting directly adverse to the immediate legal interests of a current client.

Sharp Practice

Attempts by a licensee to gain an advantage through dishonorable or technical means.

Conduct Unbecoming

Conduct in a licensee's personal life that brings discredit upon the legal profession.

Officer of the Court

A status held by licensed paralegals that carries duties of candour, fairness, integrity, and respect toward the judicial system.

Sole Proprietorship

A business structure where one individual carries on business for their own account and is personally responsible for all debts and liabilities.

General Partnership

A business arrangement where persons carry on a business in common with a view to profit.

Limited Liability Partnership (LLP)

A hybrid business structures used by professionals where partners are generally not personally liable for the negligence of other partners.

Fiduciary Duty (Corporate)

The duty of directors and officers to act honestly, in good faith, and in the best interests of the corporation.

Derivative Action

A legal remedy used where a wrong is done to the corporation, brought by a stakeholder on the corporation's behalf.

Oppression Remedy

A remedy used by shareholders where corporate conduct is unfairly prejudicial or disregards their interests.

Fee Simple

The broadest ownership interest in land, providing exclusive possession and control.

Joint Tenants

Owners of real property with equal, undivided interests and the right of survivorship.

Tenants in Common

Owners of real property with undivided interests that do not include a right of survivorship.

Life Estate

A right to use and possess land for the duration of a specific person's lifetime.

Easement

A right to use another person's land for a specific purpose without having exclusive possession.

Adverse Possession

A claim for possessory rights where someone uses land continuously and exclusively for at least $10$ consecutive years.

Copyright

Protection for original literary, dramatic, musical, and artistic works fixed in material form for the life of the creator plus $70$ years.

Nemo Dat Quod Non Habet

A legal principle stating that a seller cannot transfer better title to goods than they themselves possess.

Purchase-money Security Interest (PMSI)

A security interest that secures the price of collateral so a debtor can acquire that specific collateral.

Unconscionability

A contract defense requiring proof of inequality of bargaining power and an improvident bargain.

Contra Proferentem

A rule of contract interpretation where ambiguous clauses are resolved against the party that drafted them.

Privity of Contract

The principle that generally only parties to a contract are bound by it or can enforce it.

Frustration

A doctrine that ends a contract when performance becomes impossible due to an intervening event for which neither party is responsible.

Constructive Dismissal

Occurs when an employer unilaterally makes a substantial change to an essential term of the employment contract.

Condonation

A situation where an employer overlooks an employee's misconduct, thereby losing the right to dismiss for that specific act later.

Bardal Factors

Specific criteria (age, length of service, character of employment, availability of similar work) used to determine reasonable notice in employment law.

Rule of Law

The principle that all persons and government are subject to known legal rules and that public power must be authorized by law.

Pith and Substance

A constitutional doctrine used to characterize the dominant feature or purpose of a law for jurisdictional analysis.

Federal Paramountcy

A doctrine providing that when valid federal and provincial laws conflict, the federal law prevails.

Interjurisdictional Immunity

A doctrine protecting the 'core' of federal powers from being impaired by provincial legislation.

Notwithstanding Clause

Section $33$ of the Charter, allowing Parliament or legislatures to override certain rights for up to $5$ years.

Inherent Jurisdiction

The broad historical powers of the Superior Court of Justice to hear any matter unless restricted by statute.

Discoverability

The principle that a limitation period begins when a person knew or ought to have known of their injury and the cause of action.

Litigation Guardian

A person appointed to start, continue, or defend a claim for a party under disability (minor, incapable, or absentee).

Bifurcation

The court's power to order that distinct issues, such as liability and damages, be heard in separate proceedings.

Liquidated Demand

A debt or amount of money that can be easily calculated from receipts or a specific mathematical formula.

Res Judicata

A doctrine preventing the relitigation of matters already finally decided by a court or tribunal.

Non Est Factum

A defense meaning 'it is not my deed'; it applies when a person signed a document they were fundamentally mistaken about due to misrepresentation.

Ex Parte Motion

A motion brought without notice to the other side.

Motion to Strike

A procedural request to remove all or part of a pleading because it discloses no reasonable cause of action or is an abuse of process.

Solicitor-Client Privilege

A protection for confidential communications between a lawyer or paralegal and their client for the purpose of seeking legal advice.

Litigation Privilege

Protection for documents created for the dominant purpose of reasonably contemplated or existing litigation.

Writ of Seizure and Sale

A court-issued enforcement document used to satisfy a money judgment by seizing and selling the debtor's property.

Garnishment

A legal process to intercept money owed to a debtor by a third party, such as wages or bank account funds.

Best Alternative to a Negotiated Agreement (BATNA)

The most advantageous course of action a party can take if negotiations fail and an agreement is not reached.

Summary Conviction Offence

A category of criminal offences usually carrying lower penalties and tried in the Ontario Court of Justice without a preliminary inquiry.

Hybrid Offence

An offence where the Crown has the discretion to proceed either by summary conviction or by indictment.

Actus Reus

The prohibited physical act or omission required to prove a criminal offence.

Mens Rea

The mental element or intent required to prove a criminal offence.