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Class Notes for Legal Studies at MacEwan University

Exam Study Guides for Legal Studies Courses

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LEGL-260 Lecture Notes - Lecture 11: Promissory Note, Security Interest, Financial Institution
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Module Eleven A mortgagee cannot sue for deficiency unless: A: the mortgage was given by a corporation B: the mortgage was granted under the National Housing Act (Requires a lower down payment) C: Its a high ratio mortgage...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 9: Personal Property, Demand Letter, Distraint
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Module Nine Acting for the Landlord Residential and Commercial Tenancies Not a huge difference Overall the process is the same Residential Residential Tenancies Act (RTA) Civil Enforcement Act (CEA) Not applicable to: Mobi...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 8: Down Payment, Security Interest, Accounts Receivable
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Module Eight You can seize and sue. Exceptions for PMSIs, seize OR sue TD CASE (See slides) ISSUE: Did the security interest remain after obtaining judgment for the debt? Seize or Sue is misleading Once you seize, you lose...

Legal Studies
LEGL-260
Robert McKay
LEGL 260 Lecture 7: Module Seven
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Module Seven Acting for the Unsecured Creditor What are some concerns of giving remedies before judgment? Has not yet been determined that the debt is actually owing Pre Judgment Remedies Attachment Order (CEA s.17) You wo...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 6: Deposit Account, Remittance
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Module Six Friday, January 19, 2018 10:06 AM Procedure Creditor 1. Complete a Garnishee Summons including supporting Affidavit 2. File the Summons at the Court of Queens Bench 3. Serve the summons in triplicate and a cheq...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 5: Agency Cost, Public Auction
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Module Five Acting for the Unsecured Creditor Seizure, Removal and Sale, Distribution CATEGORIES OF SEIZURE 1. CEA Part 5: Seizure of Personal Property 2. CEA Part 6: Special Seizure Mechanisms 3. CEA Part 7: Seizure of Re...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 4: Alimony, Personal Property
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Module Four Enforcing a Judgment 1. File the judgment at the Court of QB I the Judicial Centre where you obtained your judgment 2. File a writ of enforcement with the clerk of the court and the PPR 3. Search the LTO for wh...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 3: Demand Letter
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Module Three What is the first step on the collection file? ***Demand letter. (See example in mod 3 slide) Why? 1. Out of an abundance of caution 2. Courtesy 3. Precedent 4. Masters ask 5. Can prompt payment without litiga...

Legal Studies
LEGL-260
Robert McKay
LEGL-260 Lecture Notes - Lecture 1: Unsecured Creditor, Secured Creditor, Unsecured Debt
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Module One What is a CreditorDebtor relationship? One owing money to another Element of a contract to enforce Amount can be certain or uncertain Future obligation or currently owing (the right to demand payment) Examples: ...

Legal Studies
LEGL-260
Robert McKay
LEGL-280 Lecture Notes - Lecture 13: Affidavit, Stamped Envelope
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Desk Divorces Process Set out in Rules of Court Parties will have agreed to corollary relief (unless already applied to sever it from divorce) May have settled matrimonial property. If so also will execute Minutes of Settl...

Legal Studies
LEGL-280
Jacqueline Devlin
LEGL-280 Lecture Notes - Lecture 12: Adjournment, Affidavit
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Special Chambers Special Chambers are Family Law Chambers for applications that will take more than 20 minutes but less than 1 hour. If it would take longer then must get special leave of court before setting down for hear...

Legal Studies
LEGL-280
Jacqueline Devlin
LEGL-280 Lecture Notes - Lecture 10: Flight Controller, Counterclaim, Service Of Process
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Mod. 1011 Role of Matrimonial Legal Assistant Jot Notes: The LA is the clients initial contact in the firm Maintains up to date forms, precedents and materials Interview sheets Referral numbers Addresses for courts Civil E...

Legal Studies
LEGL-280
Jacqueline Devlin
LEGL-280 Lecture Notes - Lecture 8: Collaborative Law, Parens Patriae
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Mod. 89 Module 8 Alternatives to Court Action 1. Reconciliation counseling Lawyer has a duty to advises client of services S9 Divorce Act Purpose is to help client reconcile with spouse 1. Mediation Helps parties to come t...

Legal Studies
LEGL-280
Jacqueline Devlin
LEGL-280 Lecture Notes - Lecture 6: Counterclaim, Matrimonial Regime, Payment
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Mod.67 Spousal Property Spousal Divorce Act Spouse = 2 people who are married to each other or who were married to each other S.15(2) allows spousal support to be ordered (lump sum or periodic) If it is periodic, it is ta...

Legal Studies
LEGL-280
Jacqueline Devlin
LEGL-280 Lecture Notes - Lecture 5: Child Custody
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Mod.5 Child Support Divorce Act Support owed for child of the marriage Defined as: 1. Child of both spouses (includes adopted children) 2. Child of one of the spouses towards whom the other acts as a parent 3. Under 18 OR ...

Legal Studies
LEGL-280
Jacqueline Devlin

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