topic 5

Question 1

True or false there was no formal university level law school pre 1950s

Answer 1

True

Question 2

How many law schools are there in Canada

Answer 2

• Now 24 law schools in Canada (2024)

Question 3

What determines eligibility into law school

Answer 3

• Eligibility determined by GPA and the Law
School Admissions Test (LSAT)

Question 4

What was the academic study of law designed to supplement …

Answer 4

Legal apprenticeship (articling); this means that the academia part of law school was developed to support and enhance the practical training of future lawyers

Question 5

What is articling

Answer 5

• a law students period of apprenticeship under supervision of a licensed lawyer

Question 6

What is a Juris Doctor

Answer 6

After completing law school successful students receive their JD

Question 7

What is a law society

Answer 7

a provincial association that
licenses lawyers to practice

Question 8

What is the roles/functions of a law society

Answer 8

establish standards, collect
annual fees from membership, provide legal aid,
provide insurance to members, discipline
lawyers and approve law schools

Question 9

What does the Canadian bar association do

Answer 9

shares information about the practice, offers
networking and professional development
opportunities and represents the interests of
Canada’s legal community

Question 10

What is the federation of law societies of Canada

Answer 10

the national association of Canada’s provincial legal
societies

Question 11

What does the federation of law societies of Canada regulate

Answer 11

Regulates Canada’s legal profession, shares
information across law societies and facilitates
national collaboration (FLSC, 2024)

Question 12

What is a lawyer

Answer 12

• someone who has the legal recognition to practice law

Question 13

What is the roles and functions of a lawyer

Answer 13

• provide legal representation, prosecute and defend suspected offenders, establish legal arguments, offer legal advice, act as trustees, legal research, legal drafting, advocacy, negotiate and draft contracts

Question 14

About how many practicing lawyers are there in Canada

Answer 14

• 136 000

Question 15

True or false there has been persisting debates regarding the increasing number of lawyers in Canada

Answer 15

True

Question 16

The 2 aspects of the legal world are…

Answer 16

1. Litigation
   2.solicitation

Question 17

There has been a significant decrease of women lawyers true or false

Answer 17

False INCREASE

Question 18

Canadian bar associations code of professional conduct

Answer 18

• established in 2009
• replaced the 1920 guide for ethical standards of lawyers

Question 19

Federation of law societies model code of professional conduct, when was it adopted and what does it focus on

Answer 19

• adopted in 2009
• focuses on ethical issues like ]
• competence in legal services
• confidentiality of client information
• conflicts of interest
• preservation of client property/disbursements
• marketing/advertising of legal services

Question 20

How does Gavin grant relate to the federation of law societies model code of conduct and disbarment

Answer 20

• He violated multiple ethical violations reflecting unethical conduct outlined in the model code such as SA, drug processions, involvement with minors
• he got disbarred

Question 21

Disbarment

Answer 21

removal from the bar and membership
of law society terminated

Question 22

Other than disbarment what other ways can lawyers be reprimanded

Answer 22

Lawyers can also be reprimanded in other ways (i.e.
fining, suspensions from practice)

Question 23

What area of law does the federation of law societies deal with

Answer 23

Administrative law

Question 24

Roles and functions of judges

Answer 24

• administer the law, preside over
the legal process, make important legal decisions,
sentence offenders, interpret the law and establish
case law

Question 25

Federal judges are appointed by…

Answer 25

- cabinet, (minister of justice) with assistance of a judicial advisory committee

Question 26

How many federally appointed judges are there in Canada

Answer 26

- 1,180

Question 27

What percentage of federally appointed judges are there in Canada

Answer 27

- 45%

Question 28

Who oversees Canadas federal judges

Answer 28

• Canadian Judicial Council: oversees Canada’s federal judges

Question 29

What does the Canadian judicial council consist of

Answer 29

-Consists of 41 members; chaired by the Chief Justice of Canada

Question 30

What is statutory interpretation

Answer 30

• Judges are expected to interpret ambiguous legislative statutes in terms of their i) wording schemes, ii) object of the act and iii) intent of the act (Driedger, 1983) • 2 general approaches: i) British tradition and ii) European/US version • In many instances, statutes include definition sections to reduce statutory interpretation • 3 rules and 3 grammatical principles for statutory interpretation

Question 31

3 rules and 3 grammatical principles for statutory interpretation

Answer 31

- Rules: i) plain meaning rule, ii) golden rule and iii) mischief rule - Grammatical principles: i) exclusive terminology, ii) combining similar kinds and iii) defining in relation to similar concepts

Question 32

What is the plain meaning rule

Answer 32

- word of the statute itself, literal meaning of the terms no imposing of ideas

Question 33

Golden rule

Answer 33

- interpret statute in terms of context, if there 9s any absurdity or inconsistency

Question 34

Mischief rule

Answer 34

- what is the intent of the legislation , looking at a the bigger picture what problem the law is trying to solve and interpreting the law to fix that problem

Question 35

What is exclusive terminology

Answer 35

- expression of 1 is the exclusion of another, if the legislation applies to a specific circumstance only that is where the legislation applies

Question 36

What is the combining similar kinds grammatical principle

Answer 36

- any kind of general phrasing can be combined with any specific phrasing used before in interpreting legislature

Question 37

Describe the grammatical principle where you are defining in relation to similar concepts

Answer 37

- means understanding a concept by comparing it to so,etching that is similar

Question 38

using the example of no motor vehicles allowed after 8pm use the grammatical principle exclusive terminology

Answer 38

motor vehicles excludes non motor vehicles like bikes and pedestrians

Question 39

using the example of no motor vehicles allowed after 8pm use the grammatical principle combining similar kinds

Answer 39

Bicycles and pedestrians are grouped together because they share the similarity of being non-motorized

Question 40

using the example of no motor vehicles allowed after 8pm use the grammatical principle defining in relation to similar concepts

Answer 40

motor vehicles are defined by contrasting them with non-motorized transportation (bikes and pedestrians)

Question 41

What is used to determine legislative intent

Answer 41

Legislative history and case law

Question 42

When did the field of law move away from a narrower approach to statutory interpretation

Answer 42

1980s

Question 43

Judicial activism

Answer 43

- term used to characterize more active judicial interpretation of legislation

Question 44

True or false Canada has moved closer to the American model of judicial review]

Answer 44

True

Question 45

What is precedent

Answer 45

Precedent: a judgement or decision of a court of law cited as an authority for similar cases

Question 46

Precedent results in a more…

Answer 46

Precedent results in a more dynamic legal system, but also a more predictable one

Question 47

Problems with precedent

Answer 47

i) when it takes priority over the intention of a statute and ii) when it self-binds a court

Question 48

Stare decisis:

Answer 48

‘to stand by decided things’