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16 Cards in this Set
- Front
- Back
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A Sophisticated Client...
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-Understand the role of lawyer and client
-Understand the costs -How to deal with dissatisfaction with lawyer |
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A lawyer...
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Provides legal ADVICE
Lawbound to follow clients decision or else fire client |
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Solicitor-Client Privilege
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Lawyer cannot divulge existence or communication between client.
(Unless it proves to be dangerous to the public, or is criminal) |
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Reasons to hire a lawyer
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-Educate yourself (ignorance is not an excuse)
-Starting a new business -Financing or location of businesses -Contracts -Intellectual property |
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When to represent yourself
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-Small claims, or if info can be found relevant to case.
-criminal charges almost always necessitate a lawyer |
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Lawyers billing fee...
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-hourly
-fixed -contingency fee |
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Definition of Law
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Law is the body of rules that can be enforced by the courts or other government agencies
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Categories of Laws
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-Substantive (the dos and donts)
-Procedural (how laws are enforced) -Public (regulates relationship between gvt) -Private (regulates personal, social, and business relationships) |
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Origins of Law
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-Civil..codified, used in Europe etc
-Common…judge made law. Based on precent (stare decisis) -Court of chancery |
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Stare Decisis
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judges are bound to follow previous decisions of higher courts unless the case differs
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Sources of law...
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-common law
-law of equity (decisions originally made from the court of chancery) -statutes (laws created by legislative bodies) -constitution |
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Law of equity vs common law
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originally 2 separate courts, merged into 1 court but with 2 bodies of rules. (equity>common)
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Statue law
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Legislation overrides common law (judge made law)
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Parliamentary supremacy..
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Legislation overrides all other law so long as it does not violate constitutional rights
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Constitution Act (1867) (aka BNA act)
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Most importantly section 91 and 92 divide powers between federal (91) and provincial (92) gvt.
-structure of judicial system |
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Constitution act (1982)
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-ends ties with britain
-charter of rights and freedoms |
