4269669
Description
Flashcards by chantal Seguin, updated more than 1 year ago
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Created by chantal Seguin
almost 9 years ago
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| Question | Answer |
| Importance of key words? How important are they when researching case law! (Crime, assault, breech) | using key words such as "assault" "breech" or "weapon" will increase your search and narrow down your results |
| How do you know if case law is helpful to your case? | Similar facts and scenarios, same jurisdiction and higher court ruling |
| What is public law? | government and individuals taxation immigration criminal |
| Bloom’s Taxonomy | • Remember • Analyze • Understand • Evaluate • Apply • Create ReAnUn EvApCr |
| Computerized legal research – know steps involved and its effect on writing | Computerized legal research has NOT effected the need for legal memos |
| Components of a Boolean search | /P - in the same paragraph as ________ /S - in the same sentance as ______ /10 - around 10 words away from ____ |
| Rules of good writing | An Active Voice |
| Define and describe a statue – what is it | created by a legislative body primary source of law |
| What is a regulation? | everything made under the power of a statute |
| Primary vs. secondary sources | Primary – statutes, case law Secondary – texts, digests |
| Persuasive vs. binding (court has to follow) authority | persuasive authority - may be followed Binding authority - must be followed |
| Levels of court and whether their decisions are binding or persuasive | Provincial court -> Superior Court (provincial) -> Court of appeal -> Supreme Court of Canada |
| what is a binding case? | refers to existing law that must be followed. common law jurisdictions that recognize judicially made law. Generally, it follows the doctrine of stare decisis, which means "maintain what has been decided and do not alter that which has been established." |
| What is a binding digest? | a digest is a secondary source but is binding if the decision was from a judge in a higher court system |
| When is a case supportive to your client - how do you decide this? | a case must be relevant and similar to be supportive, also must have a favorable outcome that would benefit your client |
| Define the law of evidence | Sets out the manner in which facts are proven in a trial or proceeding |
| [ parenthesis ] | Statutory - year of publication - Supreme Court of Canada |
| ( Brackets ) | Case law - year of decision - used in lower courts |
| list the parts of a legal memo in order | the heading summary of relevant facts identify legal issues law relevant to issues application of law to the facts conclusion of the legal issues |
| What is the Theory of the case? | is it how you want to win the case - Cause of action - Defense - Evidence |
| what is statutory citation | how to cite a statute |
| how to write case citation? Rijah example | R. v. Rijah |
| how to write statutory citation? Rijah example | Rijah Act |
| c.C - 14 is what level of government? and how do you tell the difference? | Federal The - is used only in federal citation |
| c.C. 14 is what level of government? and how do you tell the difference? | Provincial The . is used in provincial citation |
| how would you cite the Highway Traffic Act? | HTA, R.S.O. 1990, c.H. # |
| how to italicize when hand writing a citation? | squiggly underline |
| how to emphasize when writing a citation by hand? | striaght underline |
| what are statutory provisions | sections in a statute (like verses in a bible) |
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