LGST 230 Final Flashcards

(227 cards)

1
Q

Morality

A

standards of right and wrong, often associated with personal character

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2
Q

Ethics

A

standards of right and wrong, often applied to specific groups (ex. professions)

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3
Q

Deontological

A

theories that focus on the inherent rightness or wrongness of a behaviour, without regard for the behaviour’s consequences or outcomes

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4
Q

Instrumentalist

A

theories that focus on something (ex. Justice or the law) as a means to an end

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5
Q

Corrective Justice

A

theory of justice in which 1) a person has a moral responsibility for harm caused to another, and 2) the latter’s loss must be rectified or corrected

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6
Q

Retributive Justice

A

theory of justice based on lex talionis, or the law or retaliation

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7
Q

Distributive Justice

A

theory of justice concerned with appropriate distributions of entitlements, such as wealth and power, in a society

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8
Q

Jurisprudence

A

theories that are used to describe, explain, or criticize law; also known as “philosophy of law” or “science of law”

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9
Q

Natural Law

A

source of law that is higher than human-made law and with which human-made law must comply in order to be valid

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10
Q

Legal Positivism

A

theory that the only valid source of law is the principles, rules, and regulations expressly enacted by the institutions or persons within a society that are generally recognized as having the power to enact them

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11
Q

Positive Law

A

human-made law, as opposed to higher law (natural law) that transcends persons or institutions

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12
Q

Legal Realism

A

theory that encouraged a more thoroughly empirical study of the process by which laws are made and applied

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13
Q

Law and Society

A

kind of legal study that looks at law from a broadly social, interdisciplinary perspective

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14
Q

Sociology of Law

A

kind of sociological study that looks at law from a broadly social, interdisciplinary perspective

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15
Q

Marxist Theories of Law

A

legal theories that are concerned with the distribution of wealth in society, based on the writing of the communist philosopher Karl Marx; related to distributive justice theories

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16
Q

Feminist Theories of Law

A

theories of law that generally concern the legal, social, and economic rights of and improving opportunities for women

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17
Q

Critical Legal Studies

A

theory of law largely concerned with exposing law as an instrument of the rich and powerful

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18
Q

Critical Race Theory

A

theory of law that focuses on race-based inequalities; an offshoot of critical legal studies

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19
Q

Rule of Law

A

key legal concept whose central tenants are that everyone is equal before the law and that power under the law should not be used arbitrarily

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20
Q

Substantive Law

A

law that deals with core rights and obligations

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21
Q

Procedural Law

A

law relating to the process by which core rights and obligations are determined and enforced

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22
Q

Practice Norms

A

ethical standards and legal skills that legal practitioners must follow and possess to deliver legal services efficiently

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23
Q

Domestic Law

A

law of a particular state or society

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24
Q

Public International Law (International Law)

A

law relating primarily to international treaties and customs and to interstate relationships

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25
Public Law
law dealing with the legal relationship between a state and individual members of the state
26
Private Law
Law that concerns the relationships between persons
27
Military Law
constitutionally separate and relatively self-contained system of law regulating the Canadian Forces
28
Bijural
term describing the operation of two legal systems in one jurisdiction, such as the common law and civil law systems in Canada
29
Common Law
system of law, based on the English legal tradition, that relies on precedent rather than codified rules; may also refer to rules as distinguished from equitable principles, or case law as opposed to legislation
30
Civil Law
system of law based on codified rules; may also refer to private law
31
Feudalism
socio-political system in medieval Europe based on relationships of obligation and allegiance among king, nobles, and subjects, with land given to subordinates in return for loyalty and military support
32
Chancery
department of state established by English monarchs to assist with legal matters and to issue writs
33
King’s Peace
ideal peace and well-being of a nation that the English monarchy was obliged to uphold and protect
34
Court of King’s/Queen’s Bench
English court that decided criminal matters
35
Writ
court document, obtained by a plaintiff, by which the defendant was informed that a particular type of action had been started against them
36
Court of Chancery
English court, existing separate from common law courts, established to provide equity
37
Equity
discretionary legal decisions offered by judges in the Court of Chancery, based on fairness and providing relief from the rigid procedures that had evolved under common law courts
38
Inns of Court
professional associations for lawyers in England and Wales, with supervisory and disciplinary function over their members and authority to call law students to the bar; the four Inns of Court today are Inner Temple, Middle Temple, Lincoln’s Inn, and Gray’s Inn
39
Precedent
court decision that, under the doctrine of stare decisis, is binding on lower courts in the same jurisdiction
40
Stare decisis
Latin phrase “to stand by decided matters” referring to the common law principle that a precedent is binding on lower courts in the same jurisdiction
41
Binding
term used to describe a higher court decision that a lower court in the same jurisdiction must follow according to the principle of stare decisis
42
Ratio, ratio decidendi
Latin phrase “the reason for the decision” referring to the governing rule in a case of the way it was applied to the facts
43
Distinguishable
term given to a precedent from a higher court that a lower court decides not to follow, usually on the grounds that the facts in the case differ
44
Persuasive
describes a precedent that a court is persuaded to give some weight to but is not bound to follow because the precedent is from another jurisdiction or is otherwise not binding
45
Adversarial System
system used in common law courts whereby the primary responsibility for the presentation of cases lies with the opposing litigants and their council, not with the judge presiding over the case
46
Bill of Rights (1689)
English statute that formally ended the power of the Crown to legislate without the consent of Parliament
47
Civil Code
authoritative legislative encoding of a country’s private law
48
Corpus Juris Civilis
comprehensive codification of Roman civil law, compiled by the emperor Justinian
49
Civil Code of Quebec (Code civil du Quebec)
Quebec’s current civil code, which came into effect on January 1, 1994, and which replaced the Civil Code of Lower Canada that had been in force since 1866
50
Inquisitorial System
feature of civil law proceedings whereby trial judges actively assist lawyers in presenting their cases and are free to call and question witnesses and to order investigations into other evidentiary matters; contrasts with the adversarial system used in common law courts.
51
Customary Law
system of law based on rules of conduct considered binding either at a local or an international level, with no formalized process in place for making, changing, or recording them
52
Court
state-sanctioned forum where disputes between opposing litigants are formally adjudicated
53
Litigant
a party or person engaged in a lawsuit
54
Adjudicate
to make a decision in a legal case or proceeding where a judge or arbitrator rules on some disputed issue or claim between parties
55
Inferior Courts
provincial and territorial courts whose jurisdiction is limited to the less serious criminal matters, family and youth matters, and small claims disputes; the federal courts martial, part of the military court system, are also inferior courts
56
Provincial superior courts
provincially constituted courts with inherent jurisdiction to hear all matters (unless taken away by legislation) and with two levels (trial and appeal); sometimes refers just to the trial level
57
Section 96 Courts
another term for provincial superior courts, so called because their judges are federally appointed under section 96 of the Constitution Act, 1867
58
Territorial superior courts
federally constituted superior courts with jurisdiction in the territories
59
Federal superior courts (or federal courts)
comprising the Federal Court, the Federal Court of Appeal, the Tax Court of Canada, and the Court Martial Appeal Court
60
Supreme Court of Canada (SCC)
Canada’s highest court and final court of appeal
61
Puisne
term applied to describe judges who rank below another judge or judges on the same court - for example, the chief justice on an appeal court
62
Reference
special case in which the executive branch of government (PM and cabinet) refers a question of law to a court - usually a question concerning the constitutionality of a statute or course of action the government is considering
63
Facta (singular factum)
written legal arguments to be presented on an appeal
64
Reserve
to postpone rendering its decision, after a hearing has concluded, so that the court can carefully prepare the reasons for its judgement
65
Majority
refers (in the context of a split decision on an appeal) to the group of justices who form the majority and whose decision becomes the decision of the court
66
Dissent
refers (in the context of a split decision on an appeal) to the judgement of one or more justices in the minority
67
Unified family courts
special divisions of the trial level of a provincial superior court with complete jurisdiction over family law matters, including matters that would otherwise be heard in a provincial inferior court
68
Open court principle
principle that judicial proceedings should be administered in public
69
Judicial independence
principle that judges should be free to make decisions based on the law and free from outside interference
70
Judgement
final outcome of disposition of the dispute heard before the court or, when the court provides reasons for its judgement, the entire set of reasons
71
Decision
depending on context, refers to the outcome or disposition of a case, to the holding in the case, or (where the court provides them) to the entire set of reasons the court gives for its judgment
72
Case
depending on context, refers to the reasons for judgement (where the court provides them), to the court process more generally, or to the entire dispute from beginning to end
73
Plaintiff
party who initiates a non-criminal lawsuit
74
Defendant
party who defends a non-criminal lawsuit initiated by a plaintiff
75
Appellant
party who lost at trial and who initiates an appeal to a higher court
76
Respondent
party who won at trial and is responding to the appellant on an appeal to a higher court
77
Headnote
concise summary of reasons for judgement, located near the beginning of a reported version of the case
78
Obiter dicta or obiter (sing. obiter dictum)
statements made by the court in its reasons for judgement that may be of interest but that are inessential to the decision and therefore have no binding authority
79
Case brief
summary of a case, with the constituent parts of the court’s reasons for judgement arranged in a set order
80
Neutral citation
unique citation protocol, recognized internationally and in all Canadian courts, according to which courts number each of their judgements consecutively for the year in question, as well as the paragraphs within the judgements
81
Style of cause
name of the case or title of the proceeding, consisting of the names of the parties to the dispute
82
Civil Liberties
rights and freedoms protected by the Charter and other sources
83
Human Rights
rights that respect the dignity and worth of an individual
84
Discrimination
prejudicial treatment of people on the ground of race, age, sex, disability, or other recognized ground; prohibited by human rights legislation
85
Bona fide occupational requirement
in the context of employment, a bona fide (Latin for “in good faith”) requirement is one that exists for a legitimate reason - for example, safety - and that cannot be removed without undue hardship on the employer
86
Affirmative Action
policy, particularly in relation to education or employment, intended to assist groups who have suffered past discrimination
87
Tort
type of civil wrong for which damages can be obtained by the person wronged
88
Civil wrong
wrong that occurs in the context of relationships between persons and is addressed by one of the areas of private law
89
Trespass to person
intentional tort encompassing three subcategories of tort: assault, battery, and false imprisonment
90
Assault
psychological tort involving one person’s apprehension of harmful physical contact from another person
91
Battery
tort requiring actual occurrence of harmful or offensive physical contact
92
False imprisonment
tort whereby one person totally restrains the movement of another person
93
Trespass to land
tort involving the physical intrusion by one person onto land occupied by another
94
Trespass to goods (or trespass to chattels)
tort whereby one person intentionally interferes with another’s rightful possession of movable property
95
Negligence
area of tort law that addresses harm caused by carelessness, not intentional harm
96
Misfeasance
negligent tort that involves doing something carelessly (as opposed to omitting to do something)
97
Nonfeasance
negligent tort that involves omitting to do something that the law requires you to do
98
Contributory negligence (defence of)
defence against negligent torts claims that is based on the idea that the plaintiff negligently contributed to their losses
99
Consent (defence of)
defence against a variety of tort claims that is based on the idea that the plaintiff was aware of the risks associated with the activity that led to damages and agreed to participate in the activity anyway
100
Illegality (defence of)
defence to negligence claims that used to be applied when the plaintiff and defendant were involved in criminal or immoral activity at the time of the injury, but is now applied mainly when the plaintiff is trying to use the negligence action to avoid a criminal penalty
101
Occupiers’ liability
liability of occupiers of land for injuries that visitors sustain while on the occupiers’ property
102
Strict liability tort
tort for which the defendant is held responsible even if the damaging action was neither intentional nor a result of negligence
103
Rule in Rylands v Fletcher
strict liability rule that the person who brings a dangerous substance onto their property is answerable for the damage it causes if it should escape
104
scienter action
strict liability tort claim concerning damage caused by a domestic animal; based on the idea that the defendant (the owner) had knowledge the animal was dangerous
105
Cattle trespass
strict liability tort involving damage caused by straying cattle or other farm animals
106
Vicarious liability
strict liability of one party for the fault of another due to the special relationship between them (typically, an employer-employee relationship)
107
Nuisance
in law, either public or private nuisance
108
Public nuisance
occurs when a public interest is interfered with - for example, when a highway is obstructed or a river is polluted through the defendant’s actions
109
Private nuisance
tort that involves one person’s using their property in such a way as to substantially interfere with another person’s enjoyment or use of their property, but without any actual trespass occurring
110
Defamation
tort involving allegations of impropriety that injure a person’s reputation
111
Libel
kind of defamation that involves defamatory language in writing, such as in a newspaper article or book, whether in print or online
112
Slander
kind of defamation transmitted via oral or other transitory forms of communication
113
Compensatory damages
damages in a tort claim that compensate the plaintiff for proven and recognized types of losses
114
Nominal damages
damages in a tort claim that reflect the breach of a plaintiff’s right where no actual loss has been sustained
115
Punitive damages
damages in a tort claim that are granted in situations where the court wishes to punish the defendant for socially objectionable behaviour
116
Unilateral contract
contracts that are in the form of a “promise for an action,” the offeror promising something (usually payment) if the offeree accepts by performing a requested action
117
Bilateral contract
contracts in the form of a “promise for a promise” whereby the offeror promises something in exchange for a reciprocal promise
118
Express terms
contract terms that the parties have considered and deliberately included in the contract
119
Implied terms
contract terms that the parties have not explicitly included in the contract but that are nonetheless part of the agreement
120
Contra proferentem rule
rule stipulating that if a contract has been drafted by one of the parties and is ambiguous, the ambiguous language will be interpreted against the party who drafted it
121
Misrepresentation
false representation made during contract negotiations
122
Expectation damages
remedy for contract disputes that attempts to place the innocent party in the position they would have been in if the contract had been performed as promised and all the contractual representations had been true
123
Reliance damages
remedy for contract disputes that compensates the innocent party for expenses they incurred preparing for the performance of contractual obligations
124
Restitution damages
remedy for contract disputes that compensates the innocent party for moneys usually paid over to the other party (deposits and part payments, for example)
125
Specific performance
remedy for contract disputes whereby the court orders the party in breach to perform their obligations as promised
126
Rescission
remedy for contract disputes whereby the contract is cancelled and the parties are returned to the positions they were in just before the contract was entered into
127
Rectification
remedy for contract disputes based on errors in a written contract, whereby the court orders that the contract be altered to correct the mistake
128
real property (or real estate)
land and anything attached to the land, such as buildings and resources
129
interest
any right, claim, or privilege that an individual has with respect to real or personal property
130
fee simple ownership
most absolute form of private ownership, entitling the owner to possess the property, to build on it, and to transfer it to others during their lifetime or in a will a their death
131
defeasible
term used for life estates that can be terminated by the fee simple owner if certain conditions are not met or certain defined events occur
132
freehold interests
form of property ownership that does not imply an obligation to pay rent
133
leasehold interests
form of property ownership that implies an obligation to pay rent
134
charges and encumbrances
any claim on a parcel of real property - for example, mortgages, property taxes, or water rights
135
mortgage
kind of charge against land that secures a debt owed by the landowner
136
foreclosure proceedings
proceedings that the mortgagee (the lender) brings against the defaulting mortgagor (borrower) in order to foreclose the mortgagor’s right to redeem their property
137
agreement for sale
agreement by which a person selling their property agrees to finance the purchase themself, keeping the title to the property while allowing the purchaser to take possession of it, and then transferring the title to the purchaser once the balance of the purchase price is paid
138
joint tenancy
form of co-ownership that features the right of survivorship as well as the “four unities” of possession (each co-owner has an equal right to possess the entire property), interest (each co-owner has an identical interest in the property, time (the co-owners receive their interests at the same time), and title (the co-owners receive their interests under the same instrument, such as a will)
139
right of survivorship
main condition of joint tenancy whereby the surviving co-owners automatically inherit a deceased owner’s share
140
tenancy in common
form of co-ownership that does not involve the four unities or the right of survivorship, meaning that a co-owner can transfer their interest to others during their lifetime or leave it to others in their will
141
Trustee
someone who has a legal title to the property but holds it for another and has the fiduciary responsibility to make decisions for the benefit of the other party
142
beneficial owner
also called an “equitable owner,” the person on whose behalf and for whose benefit the trustee hotels and manages the property
143
support
property owner’s obligation to consider how changes made to their property may affect their neighbour’s property
144
riparian rights
rights that are attached to property fronting lakes or rivers that include the right to make use of the water for certain activities and the obligation not to interfere with the riparian rights of others
145
deeds
formal documents showing ownership of property
146
Torrens system (or land titles system)
system for registering property ownership that eliminates the transfer of title by deeds and replaces them with statutory transfer forms, meaning that the title is guaranteed (or “indefeasible”)
147
indefeasible
not able to be annulled, made void, or overturned
148
conveyancing
part of the real estate transaction that begins after the contract is entered into that involves the actual transfer of title, or conveyance
149
personal property
tangible, movable objects as well as intangible interest such as shares in a company
150
chattels
tangible, movable objects such as furniture, equipment, and cars
151
fixtures
things that are attached to the land
152
chose in action
right to sue someone for an unpaid debt or liability; an intangible personal property right
153
personal property security
creditor’s security based on the debtor’s personal property
154
intellectual property
property derived from the intellect, or mind - works of art, inventions, and designs
155
essential validity
concerns a person’s capacity to marry and the substantive requirements of a valid marriage
156
formal validity
concerns the formalities or ceremonial requirements of a marriage
157
annulment
legal cancellation or invalidation of a marriage
158
consanguinity
blood relationship between relatives
159
affinity
relationship that a person has to the blood relatives of their spouse
160
banns of marriage
public announcement in church of an impending marriage
161
sole proprietorship
business that is owned and operated by an individual and that is not a legal entity separate from the owner
162
fiduciary duty
in the context of a partnership, the responsibility to act carefully and reasonably in the best interest of the firm
163
general partnership
business structure in which two or more persons carry on business in common with a view to profit
164
limited partnership
partnership structure involving at least one general partner, who operates the partnership and is liable for any partnership debts, and at least one limited partner, who invests in the partnership but does not operate it or take part in managing its business and is not personally liable for its debts and obligations
165
limited liability partnership
partnership structure used by certain professions in Canada (accountants and lawyers, for the most part) whereby partners are not liable for the professional negligence of other partners
166
corporation
company or group of people authorized by statute to act as a single entity (legally a person) and recognized as such in law
167
negotiable instrument
document that promises the payment of a specific amount of money to the payee, on demand or at a set time, and that can be transferred to a third party
168
builders’ (or construction) lien
charge against land that builders use to secure amounts owed them for work done on landowners’ property
169
Administrative agency
government bodies created under various federal, provincial, and territorial statutes with the purpose of administering particular statutory regimes
170
Administrative tribunal
administrative agency that fulfills quasi-judicial functions as part of its mandate
171
Appeal (of decisions by administrative bodies)
process whereby a court is authorized by legislation to hear an appeal of an administrative decision, which is generally less restrictive than the judicial review process
172
Judicial review (of decisions by administrative bodies)
process by which a superior court can review the decision of an administrative body or inferior court on two main grounds: substantive review (review of the merits of the decision) and procedural review (review of the process followed in making the decision)
173
Substantive review
review of an administrative decision’s merits that considers both the legal and factual bases of the tribunal’s analysis
174
Standard of review
defines the level of deference the court pays to the tribunal when conducting a judicial review
175
Fairness (also procedural fairness or natural justice)
principle that fairness requires that certain “rights” be accorded to persons engaged with an administrative process, such as the right to notice (i.e. to know what the opposing case is), the right to be heard and to respond, the right to representation, and the right to an adjudicator who is free from bias or an appearance of bias
176
Prerogative writs
special common law remedies for administrative infractions
177
Crown attorney
lawyer, also known as a Crown prosecutor or Crown counsel, who is an agent of the attorney general and who represents the Crown in court, particularly in criminal matters
178
quasi-criminal offences
less serious offences, such as pollution or traffic offences, that do not fall under the federal criminal law power; they may be passed by all levels of government but are frequently created under provincial legislation
179
actus reus
“guilty act” or objective physical part of a criminal offence
180
mens rea
“guilty mind” or mental element of a criminal offence (such as, depending on the offence, intending to bring about the consequences of one’s actions or simply intending to perform the actus reus)
181
summary conviction offence
least serious type of offence in the Criminal Code (for examples, trespassing or disturbing the peace), tried only in provincial court and subject to the lightest sentences
182
limitation period
period in which a legal action must be taken or the ability to do so is lost
183
indictable offence
most serious type of offence in the Criminal Code (for example, murder), carrying the most serious sentences
184
superior court of criminal jurisdiction
highest court in each province and territory to hear criminal matters, sometimes with a jury, its designation varying by province and territory
185
hybrid offence
dual procedure offence, meaning that the Crown attorney has the option of choosing whether to prosecute it as a summary conviction offence or an indictable offence
186
arrest
detaining or holding a person by legal authority
187
search warrant
warrant, issued by a justice of the peace or provincial court judge, authorizing police to conduct a search
188
duty of disclosure
Crown’s mandatory disclosure to the accused, before the trial, of the evidence against them
189
appearance notice
document given to a person, usually at the scene of the crime, requiring that person to come to court on a certain date and time to answer a charge
190
summons
document served personally on an accused person requiring them to be in court at a certain date and time
191
judicial interim release
formal name for bail; the release of an accused prior to their trial
192
undertaking (by an accused)
promise by an accused to the court, usually to appear back in court at a certain date and time
193
plead
to answer to a criminal charge in ways permitted by the Criminal Code
194
plea bargain
agreement between the Crown and the defence on how the accused will plead in court and on the sentence they will receive
195
preliminary inquiry
hearing before a provincial court judge to determine whether the Crown has sufficient evidence for the accused to stand trial for the offence
196
information
written document, used in provincial court, describing the offences with which the accused is charged
197
indictment
written document, used in superior court, describing the offences with which the accused is charged
198
arraignment
procedure by which the charge is read to the accused in open court and the accused is asked how they wish to plead
199
conviction
judge or jury’s finding an accused person guilty of an offence
200
verdict
finding of a jury on the matter before it - for example, whether the accused is guilty or not guilty
201
sentence
punishment the judge imposes on a person convicted of a criminal offence
202
aggravating circumstances
factor in the case that causes the judge to impose a harsher sentence on the convicted person than they would otherwise
203
mitigating circumstance
factor in the case that causes the judge to impose a milder sentence on the convicted person than they would otherwise
204
pre-sentence report
report, prepared by a probation officer, that provides information about the background and character of the offender to assist a judge in sentencing
205
taxation law
complex, wide-ranging area of public law encompassing federal, provincial, and municipal taxation laws applicable to personal, property, and business income; capital gains; property ownership; and sales transactions.
206
insurance law
area of private law based on a contract between an insured person and an insurer (usually a large insurance company); covers many topics, including risk planning for businesses and individuals, handling of claims, interpretation of contract clauses, and fiduciary obligations
207
elder law
area of private law that covers the various legal issues facing the elderly
208
succession law
area of private law that covers issues concerning wills and estates and the transmission of property upon death
209
trusts (law of)
private law area dealing with how trusts are created, the relationship between the legal owner of the property (the trustee) and the equitable owner (the beneficiary), the regulation of trust relationships by legislation, and the remedies for breach of trust
210
litigation procedures
procedural law area involving court and tribunal procedures in civil proceedings and including such matters as the steps involved in commencing actions, notice requirements, and time limitations
211
evidence (law of)
procedural law area detailing rules relevant in all matters of proof, including non-litigious situations (such as applying for licences) but more commonly in court and tribunal proceedings
212
creditors’ remedies
procedural law area that governs techniques available to creditors to collect their debts, including pre-judgement garnishment of bank accounts, post-judgement garnishment of wages, seizure and sales of motor vehicles, and the registration of judgements against real property
213
environmental law
hybrid area of law with public law and private law aspects involving land, air, and water pollution, and that has a large regulatory component
214
conflict of laws
area of law - also referred to as private international law - that covers private law disputes that have an interprovincial or international component
215
admiralty (or maritime) law
area of law that concerns maritime trade and commerce and that has a private international law component
216
law society
governing body of lawyers in a province or territory
217
benchers
lawyers (and some non-lawyers) who are responsible for administering and governing a provincial or territorial law society
218
articles
apprenticeship under a practicing lawyer
219
called to the bar
formal ceremony whereby a law student becomes entitled to practice law
220
legal aid
government funding of lawyers who provide legal assistance to persons with low income
221
pro bono
term applied to legal work that lawyers do at no charge to help the public (from the Latin pro bono publico: “for the public good”)
222
alternative dispute resolution (ADR)
process used instead of a court trial to help settle a dispute
223
negotiation
dispute resolution process whereby the parties talk to each other directly and seek a mutually acceptable solution to their problem
224
mediation
dispute resolution process whereby the parties try to reach a settlement with the assistance of a third party
225
arbitration
dispute resolution process whereby the parties agree beforehand on an arbitrator to assist them and on whether the arbitrator’s decision will be advisory (non-binding) or binding
226
lobbying
organized effort to influence legislators on behalf of a particular interest
227
intervener
party, other than the original parties to a court proceeding, who does not have a substantial and direct interest in the proceeding but has interests and perspectives helpful to the judicial determination and whose input is accepted by the court