CRIM 1160 FINAL (ch. 5-10) EXAM STUDY
GUIDE 2025/2026
legal independence (3) - ANSWER -rule of law
-judicial independence
-lawyer independence
rule of law - ANSWER -all people are equal under the law
rule of law is meant to (5) - ANSWER -guard against arbitrary governance
-submission of all to the law
-separation of powers within the state
-independent judiciary
-independent legal profession
separation of powers means what for rule of law - ANSWER those who make laws are
different than those who enforce are different than those who interpret
if the executive branch of government interferes with the independence of judiciary &
lawyers, what happens? - ANSWER it slowly destroys the rule of law
judicial independence (3) - ANSWER -independent of government
-must be impartial
-must be accountable
judicial independence - independent of government (3) - ANSWER -free to make
decisions without interference/influence
-state can't tell a judge/curt how to decide
-the state can't discipline a judge for a decision in a case
judicial independence - must be impartial (2) - ANSWER -constitutional right to fair and
impartial judicial decision making
-only facts and law is determinate
judicial independence - must be accountable - ANSWER -decisions can be examined by
a higher court (appeal)
,-judges are also responsible to the courts (cannot say no to a case)
the only reason judges can say no to a case - ANSWER conflict of interest (judicial
conflict)
lawyer independence (5) - ANSWER -able to act in their client's best interest without fear
of interference
-public has a right to obtain legal advice from a lawyer whose primary duty is to his/her
client, not to any other person and especially not to the state
-lawyers owe a duty of loyalty and confidentiality to their clients
-loyalty balanced with the lawyers professional obligations as an officer of the court (if
boldly harm is imminent then must tell officials)
-lawyer must be member of law society
joining Canada's legal profession (8) - ANSWER -2 years of undergrad degree
-LSAT
-law school
-LL.B or J.D
-bar exam
-articling
-accepted into law society
-work at a firm or on your own
to be a member of the law society you must (3) - ANSWER -LLB or JD
-PLTC and articling
-be of good character
canadian judges (3) - ANSWER -appointed (after 10+ years of lawyering)
-up to 75 years old
-have a self-regulating body
how to get judicial independence (3) - ANSWER -security of tenure (hold position until
retirement - protection from government)
-financial security (not subjected to bribing)
-administrative independance
, role of courts in Canada (5) - ANSWER -resolve disputes
-interpret laws
-establish laws
-set standards
-based on adversarial system
adversarial system is - ANSWER -2 parties battling to win the case
-rules of evidence and procedure must be followed
-judge and jury are impartial
roles of the parties in the adversarial system (3) - ANSWER -each party controls their
own case
-decides how evidence is presented
-known as "party control" (responsible for their own outcome)
role of the judge in the adversarial system (6) - ANSWER -must keep contest fair and
impartial
-decides on admissibility of evidence
-decides on questions of law
-ensures burden of proof is discharged
-decides the case if there is no jury
-sentence accused in criminal cases
burden and standard of proof in the adversarial system (2) - ANSWER -burden lies with
the person brining the case (criminal - Prosecution and civil - plaintiff)
-standard is the strength of proof required (criminal - beyond reasonable doubt and civil
- balance of probabilities)
the need for legal representation in the adversarial system (4) - ANSWER -ensures
parties are able to present their best case
-familiar with rules of evidence and procedure
-aware of people's legal rights
-assist in achieving a just outcome
rules of evidence in the adversarial system (6) - ANSWER -fair and equal treatment
GUIDE 2025/2026
legal independence (3) - ANSWER -rule of law
-judicial independence
-lawyer independence
rule of law - ANSWER -all people are equal under the law
rule of law is meant to (5) - ANSWER -guard against arbitrary governance
-submission of all to the law
-separation of powers within the state
-independent judiciary
-independent legal profession
separation of powers means what for rule of law - ANSWER those who make laws are
different than those who enforce are different than those who interpret
if the executive branch of government interferes with the independence of judiciary &
lawyers, what happens? - ANSWER it slowly destroys the rule of law
judicial independence (3) - ANSWER -independent of government
-must be impartial
-must be accountable
judicial independence - independent of government (3) - ANSWER -free to make
decisions without interference/influence
-state can't tell a judge/curt how to decide
-the state can't discipline a judge for a decision in a case
judicial independence - must be impartial (2) - ANSWER -constitutional right to fair and
impartial judicial decision making
-only facts and law is determinate
judicial independence - must be accountable - ANSWER -decisions can be examined by
a higher court (appeal)
,-judges are also responsible to the courts (cannot say no to a case)
the only reason judges can say no to a case - ANSWER conflict of interest (judicial
conflict)
lawyer independence (5) - ANSWER -able to act in their client's best interest without fear
of interference
-public has a right to obtain legal advice from a lawyer whose primary duty is to his/her
client, not to any other person and especially not to the state
-lawyers owe a duty of loyalty and confidentiality to their clients
-loyalty balanced with the lawyers professional obligations as an officer of the court (if
boldly harm is imminent then must tell officials)
-lawyer must be member of law society
joining Canada's legal profession (8) - ANSWER -2 years of undergrad degree
-LSAT
-law school
-LL.B or J.D
-bar exam
-articling
-accepted into law society
-work at a firm or on your own
to be a member of the law society you must (3) - ANSWER -LLB or JD
-PLTC and articling
-be of good character
canadian judges (3) - ANSWER -appointed (after 10+ years of lawyering)
-up to 75 years old
-have a self-regulating body
how to get judicial independence (3) - ANSWER -security of tenure (hold position until
retirement - protection from government)
-financial security (not subjected to bribing)
-administrative independance
, role of courts in Canada (5) - ANSWER -resolve disputes
-interpret laws
-establish laws
-set standards
-based on adversarial system
adversarial system is - ANSWER -2 parties battling to win the case
-rules of evidence and procedure must be followed
-judge and jury are impartial
roles of the parties in the adversarial system (3) - ANSWER -each party controls their
own case
-decides how evidence is presented
-known as "party control" (responsible for their own outcome)
role of the judge in the adversarial system (6) - ANSWER -must keep contest fair and
impartial
-decides on admissibility of evidence
-decides on questions of law
-ensures burden of proof is discharged
-decides the case if there is no jury
-sentence accused in criminal cases
burden and standard of proof in the adversarial system (2) - ANSWER -burden lies with
the person brining the case (criminal - Prosecution and civil - plaintiff)
-standard is the strength of proof required (criminal - beyond reasonable doubt and civil
- balance of probabilities)
the need for legal representation in the adversarial system (4) - ANSWER -ensures
parties are able to present their best case
-familiar with rules of evidence and procedure
-aware of people's legal rights
-assist in achieving a just outcome
rules of evidence in the adversarial system (6) - ANSWER -fair and equal treatment
