Chapters 1-4

Three types of court

civil

criminal

tribunals

Advocacy

process of presenting a case or defences at a trial or hearing before a court or tribunal

Parties in a civil case

plaintiff

defendant

Parties in a criminal case

accused/defence and CrownP

Parties in a tribunal

applicant and respondent

Kitchen renovation case deals with - law

civil law

The Liqoour license case deals with - law

quasi-criminal (regulatory) law

The Landlord and Tenant dispute case deals with - law

admin law

Advocate

person who pleads the case of another before a court or tribunal

Law of evidence

Law that determines way in which facts are to be proved, as required by substantive law

Law of evidence deals with

how the facts are to be proved

Substantive Law

defines legal rights and obligations

Procedural law

law that deals with the way a dispute comes to a court or tribunal and then continues to its final resolution

Advocacy is both - and -

science and art

The - part of advocacy is the science while the - is the art

preparation

performance

Requirements to be licensed

education

exam

good character

Paralegals are licensed by

LSO

LSO

self-governing body created by statute that educates, licenses, regulates, and disciplines paralegals and lawyers in ON

Document that sets out a paralegal’s professional and ethical obligations

Paralegal Rules of Conduct

Paralegals owe a duty to who

clients

courts

tribunals

other licensees

court staff

LSO

Permitted scope of paralegal practice is set out in -

By-law 4

Rule 2 of paralegal professional conduct guidelines sets out

issues related to professionalism

Rule 4 of the paralegal professional conduct guidelines sets out

duties of a paralegal in the role of an advocate

Civility refers to

manner in which paralegals conduct themselves during the course of their practice

Although Rule 4.01 states paralegals must resolutely represent their clients, they must remember to act

within the limits of the law

treat others with candour, fairness, courtesy, and respect

Ability of paralegal to speak with a witness during the trial or hearing depends on

stage of witness’s testimony

whether witness is providing evidence that supports the paralegal’s case

Once prohibited from communicating with a witness, paralegal must not do so unless

opposing legal representative consents

judge, justice, or adjudicator allows it

Paralegal should not testify or submit on their own affidavit before tribunal unless

permitted to do so by law, the tribunal, or rules of procedure

matter is purely formal or uncontested

Plaintiff

person who brings a civil action

Defendant

person against whom relief is sought in a civil action

Action in small claims starts when

plaintiff prepares and files a claim

After filing a claim the plaintiff must then

serve the claim and supporting documents on the defendant

Defendant wishing to dispute a plaintiff’s claim must - within -

prepare and serve plaintiff a defence and file it in court

20 days

Plaintiff’s claim and defence are called

pleadings

What is held in every defended action in a small claims matter

settlement conference

Provincial offences

non-criminal offences arising under provincial statutes

Parties to a provincial offnce

the Crown and defendant

Provincial offences process begins when a - or - is issued under the POA

offence notice or summons

Administrative tribunal

quasi-judicial body created by statute to handle matters arising under specific statutes