Law Midterm

Sophisticated Client

A client who is knowledgeable and confident when dealing with their lawyer, and who is able to research basic legal questions on their own.

Law Society's Lawyer Referral Service

Gives the name and phone number of 3 lawyers

Legal Aid Alberta

provides legal assistance to those in need based on financial and substantive criteria

Fixed Fee

Billing method that charges the client the same price regardless of the work involved

Contingency Fee

a fee that is payable only if the outcome is successful

Hourly Rate

Lawyer bills according to time spent

Percentage rate

Client pays fixed fee plus a rate contingent on the value of the asset

Disbursements

Out-of-pocket expenses the lawyer incurs when handling your case (i.e. photocopying)

Retainer

Fee held in trust before a lawyer commences work

Taxation Officer

Court official who determines if a lawyers charges are fair

Assurance Fund

If your lawyer steals trust funds, you make a complaint to the ______________

Code of Professional Conduct

lawyers must adhere to the ___________, which governs the conduct of lawyers

unethical, illegal, or breach the code of professional conduct

you may make a complaint about your lawyer if they do something that fits in the category of these three things

Common law legal system

Body of law evolved through judicial decisions (judgments) of the courts. based on precedent

england

Where did our common law legal system originate?

Law

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

Statute Law

A formal written enactment of a legislative body

Common law

Body of law which develops through judicial decisions

Substantive law

Rules that govern behavior and sets limits on conduct

Procedural Law

How rights and obligations are enforced

Public Law

Law where government is involved in some respect

Private law

Regulates personal, social, and business relationships

Jurisdiction

in law; the territory within which power can be exercised

Supreme Court

Highest court in Canada

Lowest Court in Alberta

Provincial Court

Court of King's Bench of Alberta

Court just above Provincial Court

Provincial Court of Appeal

Court above King's Bench but below Supreme Court

civil, family, criminal, youth, traffic

5 divisions of Provincial Court

Provincial Administrative Tribunals

Not a court, but appeals from these organizations go directly to King's Bench

Stare Decisis

the Latin term for courts abiding by past decisions

Binding Precedent

when a court is compelled to decide a case the same way as an earlier case

Persuasive Precedent

When a court is not compelled to decide a case in the same way as a previous one, but must give it due consideration

Distinguishable Precedent

When there is an essential difference between the current case, and a previous case

Parliamentary Supremacy

Doctrine that means legislation made by an elected government body overrides common law

Subordinate Legislation

Rules made by lower level government departments that override common law

Legislative Branch

Branch of government that includes parliament and the legislatures

Executive Branch

Branch of government that includes the Prime minister and the Federal Cabinet

Judicial Branch

Branch of government that includes federal and provincial judges

Laws, Court Decisions, Conventions

3 elements of the constitution

Constitution Act 1867

Original Constitution, originally named British North American Act. (Include year enacted)

Constitution Act 1982

Constitution containing the charter of rights and freedoms

Division of Powers

Idea that the federal government has some powers and the provinces have some power

Federal

Trade and Commerce is a _________ power

Federal

Banking and Currency is a ________ power

Provincial

Hospitals are a ________ power

Federal

Criminal law is a _________ power

Provincial

Property and Civil Rights is a _________ power

Federal

Intellectual Property is a __________ power

Section 91

This section of the constitution outlines the powers of the federal government

Section 92

This section of the constitution outlines the powers of the provincial legislatures

Section 92A

Amendment to the Constitution that gives natural resource rights to the provinces

Paramountcy

When federal and provincial government laws are both valid but conflicting

Charter of Rights and Freedoms

Appendix to the Charter that all laws must conform to

Canadian Bill of Rights (1960)

Weak precursor to the Charter of Rights and Freedoms, no supremacy over other laws

Section 1

Section of the Charter that guarantees rights and freedoms but subject to "reasonable limits"

Section 2

Section of the Charter that guarantees the fundamental freedoms

Section 3-5

Sections of the Charter that guarantee democratic rights

Section 6

Section of the Charter that guarantees mobility rights

Section 7-14

Sections of the Charter that guarantee Legal Rights

Section 15

Section of the Charter that Guarantees Equality rights

Section 16-23

Sections of the Charter that guarantee language and education rights

Section 25

Section of the Charter that guarantees Aboriginal Rights

The Government

Who does the Charter guarantee protections from

Section 24

This section of the Charter that deals with Remedies

Section 33

Notwithstanding clause of the Charter

Human Rights Legislation

Legislation that protects individual rights in the private sector

Canadian Human Rights Act

Human Rights act that applies to federally regulated sectors

Alberta Human Rights Act

Act that deals with human rights issues in sectors that are not federally regulated

Section 4

Section of the human rights act protecting access to goods, services, and facilities

Section 3

Section of the human rights act dealing with publications & notices

Duty to Accommodate

Providing reasonable solutions to those who would otherwise be discriminated against on prohibited grounds

Human Rights Commission

If your Human Rights are violated, you can make a complaint to _____________

Litigation

Legal matter which has the potential to go to court

in camera hearing

a hearing done in private due to special circumstances

Publication Ban

Preventing the name of an individual who is part of a court action from being published

Crown v. Accused

Parties of a Criminal proceeding

Plaintiff v. Defendant

Parties of a Civil proceeding

Proof beyond a reasonable doubt

level of proof characterized by the phrase: "The accused undoubtedly committed a crime"

Proof on a balance of probabilities

level of proof characterized by the phrase: "The Defendant probably caused the injury"

Questions of Law

the reason you may appeal a decision

Appellant v. Respondent

Parties in an appeal

Appeal allowed

Appellant wins

Appeal dismissed

Appellant loses