Queen's University Law 201: Introduction to Canadian Law Exam Q&A 100% Pass

Queen's University Law 201:

Introduction to Canadian Law Exam Q&A

100% Pass


overriding role of a lawyer - ✔✔to protect The Rule of Law ("lawyers are

'officers' of the court")

Magna Carta / "The Great Charter" - ✔✔king had to act in a fair legal way

(no longer arbitrary)

The Rule of Law - ✔✔1) law applied to

2) law must be enforced fairly

The Rule of Law is not a statute or rule, but: - ✔✔an overarching principal

which governs the implications and enforcement of law

The Canadian Bar Association - ✔✔reviews bills (Anti-Terrorism Bill)

Lawyers must balance obligations to the _________ and _________ -

✔✔client and public

Duty to the Client - ✔✔1) Competence

2 Confidence

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,3) Loyalty

Competence - ✔✔has and applies relevant knowledge, skill, and attributes

(capability) to matters appropriate to the client

Confidentiality Componants - ✔✔legal advice + between client and lawyer

(in formal settings) = lawyer may not reveal w/o client consent

Exceptions to Confidentiality - ✔✔1) Law requires Disclosure: court order /

statute / docterine

2) Risk of death or "serious bodily harm" (consider other ways of preventing

harm w/o releasing confidential information before reaching this point)

Who has onus to decided if confidential information should be revealed

when there is risk of death or "serious bodily harm"? - ✔✔Lawyer!! Can

explore other preventative measures if see fit.

Duty of Loyalty - ✔✔Lawyer cannot do anything to be at 'odds' with the

client (ie. opposing members of a case}

"Conflict of Interest" - ✔✔When a lawyer is representing clients with

opposing interests (cannot act for either)

Lawyers main obligations to the Public Interest - ✔✔1) Honesty

2) Integrity

3) "Officer of the Court"

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,Law Society Act states that: - ✔✔1) all lawyers are officers of the court =

overriding obligation is to the court and justice (not the public/client)

2) govern or discipline a lawyer who do not follow rules / conduct

3) ensure lawyers follow rules

Steps to becoming a Lawyer - ✔✔1) 3-4 year undergraduate degree

2) Law School Admission Test (LSAT)

-----after graduating---

3) Articling Program or Law Practice Program (LPP)

4) Bar admission course

5) called to the bar

Who can appoint judges? - ✔✔Federal and Provincial courts

"Inherent Jurisdiction" - ✔✔only in Federal Appointments

the power to judge an issue is given to superior courts if not assigned

Federal (superior) Court Matters - ✔✔- matters assigned by statute

**Divorce

- Civil disputes

- Serious criminal matters

**property

Provincial Court Matters - ✔✔(no inherit jurisdiction)


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, - matters assigned by statute

***Exclusive jurisdiction over child protection

- Custody, child support, spousal support (as long as not related to divorce)

- less serious criminal matters (ie. parking ticket)

Componants considered when Canadian Judges are Appointed - ✔✔1) at

least 10 years as lawyer

2) clean discipline record3

3) Exemplary contribution to professoin

Organiztion of the Canadian Court Sytem - ✔✔Hierarchical

(Supreme Court of Canada is at the top)

Federal and Provincial Courts of Appeal - ✔✔no inherent jurisdiction

Provincial Court of Appeal - ✔✔go to Superior Court trial devisions

Federal Court of Appeal - ✔✔federal statutes

Tax Court - ✔✔hear from individual citizenz

Military Court - ✔✔"courts martial" hear about military members

Ontario's Court System - ✔✔1) Ontario Court of Appeal: hears from 2 and 3

2) Ontario Divisional Court: small money claims ($50 000 or less)

3) Ontario Superior Court Final Matters: Provincial Court of Justice

Small claims court - ✔✔- claims below $25 000

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