Legal studies final

Adversarial System

opposing parties are pitted against one another

role of parties players = players

role of judge = referee, fairly passive

appeal as a right

permission of the court is not required to start the appeal

Appellate Court

review the judgment of lower courts when that judgment is appealed by one of the parties

Canadian Judicial Council

Canadian Judicial Council is the organization that oversees the conduct of federally appointed judges in Canada.

Inferior Courts

Bc Provincial Court

Judges appointed by the province

Jurisdiction is provided for by statue

Jurisdiction over the following cases:

1. small claims(claims 5,001 - 35,000)

2. Family(maintiance - child custody)

3. Criminal - all preliminary matters; trials of some offenses

4. Youth - youth criminal matters

5. Traffic and municipal offences

   Trial court

   Trial by judge alone no option for jury

Inherent Jurisdiction

Inherent jurisdiction is a court's natural authority to hear and decide cases, even if not specifically granted by statute, to ensure justice and control its own procedures.

BC supreme court

Judicial Advisory Committee

they review Judges resumes

Judicial Conduct

complaints about the judicial conduct of superior court judges are made to the Canadian judicial council

Judicial Impartiality

cases are heard and decided in an objective and unbiased manner

Judicial Independence

judges are apart from the other branches of government and free from outside influence and interference.

Leave to appeal

permission of the court IS required to start an appeal

Open courts

transparency = how do we know their fair

Publication ban = when you come out of court you cant publish anything about the case, reason privacy protection

Refrerence

executive branch of government refers a question of law

Superior Courts

BC court of appeal and BC Supreme Court

Trial court

Trial court is the court where a case is first heard, evidence is presented, and a verdict or judgment is made.

Not an appellant court.

Describe the eligibility criteria and selection process for appointing federal judges in Canada. As part of your answer, discuss why critics complain the appointment process is vulnerable to favouritism and abuse and why the federal govt insists the current process should be maintained.

Eligibility criteria = constitution act 1867(section 96 - governor general shall appoint the judges of the superior, district, and county court. Section 97 and 98 - Judges of a province shall be selected from the bar of that province.) Judges act ( 10 years of experience as : lawyer or position of judicial nature)

Selection Process = Apply —) screening by judicial advisory committee ( resumes are sorted into three sections unable to recommend, recommended, highly recommended.

Critics complain the system is biased and govt is more likely to appoint judges with ties to their party

Govt argues discreation is neseccary to account for other critical factors beyond legal skills and knowledge for example gender, race, ethnecity, language, area of expertise.

Bona fide ocupational requirement

in the context of employment, a bona fide (Latin for “in good faith”) requirement is one that exists for a legitimate reason—for example, safety—and that cannot be removed without undue hardship on the employer

BC human rights code

there are federal and provincial human rights codes

Applies to BC Government, Private persons

-prohibits discrimination (equality rights)

-cases decided by the BC human rights tribunal

Canadian bill of rights and freedoms

Canadian Bill of Rights is a federal law that protects fundamental rights and freedoms, such as freedom of speech, religion, and equality, but only applies to federal matters.

weaknesses: ordinary statue, limited application, override, and narrowly intrepreted.

Discrimination

discrimination is the behaviour of people being treated unfairly or unequally

Duty to accomodate

to take reasonable measures to adjust for an individuals particular needs.

most legal standards focus on equality of outcome

a party needs to accommodate a person only to the point of undue hardship

Equality of outcome (substantive)

you have to adjust how you treat people to take account of a persons characteristics to ensure a quality outcome

equality rights

equality rights —) discrimination

Exact same treatment (formal)

is treating the person the same regardless of the characteristics

Fundamental freedoms

Fundamental freedoms are basic rights protected by the Charter, including freedom of expression, religion, assembly, and association

legal rights

Legal rights are protections under the Charter that ensure fair treatment in the justice system, including the right to a fair trial, to remain silent, and to be free from unreasonable search and seizure.

oakes test

1. Ends inquiry —) the objective the govt was trying to achieve has to be socially important

2. Means Inquiry a) Rational connection —) measures which impair Rights and freedoms must be carefully designed to achieve govt objective B) minimal impairment—) measures used must impair the Rights and Freedoms as little as Possible C) Benefits vs Negatives effects —) the benefits of achieving the objective has to outweigh the cost to our rights and freedoms

override or not withstanding clause

no federal law can violate these laws ( unless the federal govt specifically declare it will violate)

reverse onus

onus = party that must convince

Reverse onus is when the burden of proof shifts to the accused to prove or disprove something, instead of the prosecution having to prove it beyond a reasonable doubt.

similarly situated

assessing whether people are being situated the same as other with the same characteristics

What is the purpose of the Oakes test (i.e., what is used to resolve)? Identify and explain each step in the Oakes test.

Oakes test is used to decide if limiting a Charter right is reasonable and justified in a free and democratic society

1. Ends inquiry —) the objective the govt was trying to achieve has to be socially important

2. Means Inquiry a) Rational connection —) measures which impair Rights and freedoms must be carefully designed to achieve govt objective B) minimal impairment—) measures used must impair the Rights and Freedoms as little as Possible C) Benefits vs Negatives effects —) the benefits of achieving the objective has to outweigh the cost to our rights and freedoms

Articles

Articles is a period of supervised legal work that law students must complete to become licensed lawyers in Canada (9 months)

Benchers

Bencher are part of the Law Society

1. Attorney General

2. up to 6 non lawyers

3. elected lawyers

   lawyers (and some non-lawyers) who

   are responsible for administering and

   governing a provincial or territorial law society

Called to the Bar

formal ceremony whereby a law student becomes entitled to practise law

Codes of conduct

written sets of rules regulating the ethical behaviour of professionals

Contingent fee agreement

an agreed upon fee is paid conditional on the lawyer achieving a certain outcome ( percentage of winningss)

Law society

-uphold and protect the public interest in the administration of justice

-sets and enforces standards a) competence b) conduct c) not legal fees

Regulates legal profession -admission to the profession -insurance -professional development

governing body of lawyers in a province or territory

Lawyer conduct

Professional and ethical manner

lawyer competence

skill full and knowledgeable lawyer

pro bono

a type of fee arrangement (free)

retainer agreements

contract betwwen the lawyer and client for what the lawyer provides and the client pays .

• hourly fees

• contingent fee

Describe the different roles and responsibilities of the B.C. Law Society.  As part of your answer discuss the advantages the public enjoys because the Law Society prevents non-lawyers from engaging in the practice of law as well as any potential disadvantages that result from barring non-lawyers from legal practice.

-uphold and protect the public interest in the administration of justice

-sets and enforces standards a) competence b) conduct c) not legal fees

Regulates legal profession -admission to the profession -insurance -professional development

Advantages of Restricting Practice to Lawyers:

• ✅ Ensures Quality & Competence
  Only those who meet strict education and ethical standards can give legal advice.

• ✅ Protects the Public
  Reduces the risk of incorrect or harmful legal advice from unqualified individuals.

• ✅ Accountability
  Lawyers must follow strict rules and can be disciplined for misconduct—non-lawyers aren’t held to the same professional standards.

Disadvantages of Barring Non-Lawyers:

• ❌ Access to Justice Issues
  Legal services can be expensive, making it hard for some people to get help.

• ❌ Limits Innovation
  Prevents paralegals or tech-based legal service providers from offering cheaper alternatives.

• ❌ Over-Regulation
  Some argue that not all legal tasks require a full lawyer, and blocking non-lawyers can slow down service and raise costs.

accused

The person alleged to have committed the criminal offence

apportion liability

Apportion liability means to divide legal responsibility for harm or damages among two or more parties, based on how much each one was at fault.

balance of probabilities

Balance of probabilities is the standard of proof in civil cases, meaning something is more likely to be true than not—over 50% likely.

beyond a reasonable doubt

Beyond a reasonable doubt is the highest standard of proof, used in criminal cases, meaning the judge or jury must be almost certain the accused is guilty before convicting.

class action

two or more people who share a common legal issue join together to initiate a single lawsuit

closing arguments

Closing arguments are the final speeches by lawyers at the end of a trial, where they summarize the evidence and try to persuade the judge or jury to decide in their favor

compensatory damages

Compensatory damages are money awarded to a person to compensate for loss or injury caused by someone else’s actions

costs

the successful party is normally entitled to have their legal costs covered by the unsuccessful party

counterclaim

Counterclaim is a claim made by the defendant against the plaintiff in a lawsuit, saying the plaintiff is actually at fault or owes them something.

court

Court is a place where legal cases are heard and decided by a judge (and sometimes a jury), based on laws and evidence.Court is a place where legal cases are heard and decided by a judge (and sometimes a jury), based on laws and evidence.

cross examination

Cross-examination is when a lawyer questions the other side’s witness to test their truthfulness, accuracy, or credibility

crown

Represents the state & presents the evidence against the accused (the govt)

defendent

The party who is alleged to have harmed the plaintiff.

execution

the plaintiff may use procedures to execute or enforce the judgment if the defendant fails to pay

expert witness

can testify about things they personally experience and their opinions

Judges determine what type of witness they are by training or experience

experts have to have experience in a particular area

must provide info on matters that go beyond what the ordinary person would know/understand

can only testify within their experiance

guilty/not guilty

outcome of criminal proceeding

interrogatories

ask question under oath ( deposition )

intervener

non parties which are permitted to make arguments to the court

judgment ;liable/ not liable

the outcome of a civil proceeding

jury

decides questions of fact and applies the law to the facts, determine the outcome of the case

lay witness

can only testify about things they personally experienced

notice of civil claim

to commence an action the plaintiff must file a notice of civil claim in a court registry and serve it on the defendant

opening statement

Opening statement is the first speech by each lawyer at the start of a trial, where they outline their case and tell the judge or jury what they plan to prove.

plantiff

the party starting a lawsuit

pleadings

to defend an action the defendant must file and serve a response to civil claim it can either be a counter claim or a reply these documents collectively define the action and are known as pleading

producton of documents

Production of documents is the legal process where one party in a case is required to provide relevant documents to the other party as part of discovery or evidence gathering.

punitive damages

Punitive damages are money awarded to punish the wrongdoer for especially bad behavior and to deter others from doing the same.

reply

a foraml response made to the plaintiff by the defendant

response to a civil claim

to defend an action

service

the formal process of delivering legal documents to another part

standard of proof

Standard of proof is the level of evidence required to prove a case.

Compare and contrast civil and criminal procedure in terms of (a) objectives, (b) the parties, (c) burden of proof, (d) standard of proof, (e) juries and (f) trial outcomes.

Criminal

objective : punishment for wrongdoing

parties: crown(prosecutor) vs accused

Burden of proof: Crown(onus) (innocent until proven guilty)

Standard of proof: Beyond a reasonable doubt (logical doubt)

Outcome: Verdict; not guilty or guilty

Civil Proceedings

Objective: Compensation for injuries

Parites: plaintiff vs Defendent third party - and additonal party names in a lawsuit by the defendent

Burden of proof: Plaintiff

Standard of proof: Balance of probiblities

Outcome: Judgment; not liable or liable (may be apportioned)

Identify and explain the major steps in the legislative process for creating a federal statute.  Explain all concepts and terms used in your answer.

Compare and contrast the common and civil law legal systems with reference to the origins, characteristics and operation of these two legal systems.  Define and explain all concepts and terms in your answer which should include (but is not limited to) adversarial system, Civil Code, precedent, doctrine, persuasiveness, inquisitorial system and stare decisis.