LAW 201 Study Guide - Summer 2018, Comprehensive Midterm Notes - Canada, Common Law, Criminal Code
12 Oct 2018
School
Department
Course
Professor
LAW 201
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Module 1: The Role of Lawyers and Judges
Module 1A: The Role of Laywers
The Different Roles of Lawyers:
• Politicians
• Poliy akers goeret, NGO’s, iteratioal orgaizatios
• Private practice, in-house counsel
• Judges
• Academics
The overriding role of lawyers in society is to protect the rule of law:
• Must be applied fairly to all
• Must be created fairly
• An over-arching principle in democratic nations
• One of the fundamental features of a democratic society
• A principle that guides the creation and implementation of laws and rules
Example: The anti-terrorism bill (Bill C-51)- purpose is to stop the promotion of terrorism,
prevent terrorists from implementing their plots and disrupting terror plots
Canadian Bar Association says:
• The bill is too broad
• Offends the Charter
• Would stifle freedom of speech
• Would restrict freedom of association
The Government says:
• Will protect Canadians
• Will allow better investigations
• Will be pro-active
Internal conflict for lawyers: neutral partisan vs. moral conflict
Module 1B: Legal Ethics + Professional Responsibility
Layer’s Oligatios ay oflit:
find more resources at oneclass.com
find more resources at oneclass.com
Obligation to Clients:
• Competence- a lawyer who has and applies relevant knowledge, skills and attributes in a
manner appropriate to each matter undertaken on behalf of the client
• Confidentiality- allows clients to communicate freely and honestly woth their laywers
without fear of the lawyer revealing information
o Qualifying as confidential:
▪ Legal advice + between lawyer and client = confidential
o Exceptions to confidentiality rule:
▪ The law requires disclosure
▪ Iiet risk of death or serious odily har
• Duty of Loyalty- the lawyer cannot do anything that may be at odds to the client.
Lawyers cannot represent two parties with conflicting interest ex. A wife and a husband
in divorce
Obligation to the Public:
• Honesty
• Integrity
• Offier of the ourt- a lawyers overriding obligation is to the court
Governing in the Public Interest: The Law Society of Canada:
• When there is a conflict between the individual needs of a lawyer and the needs of the
public in general, the law society will govern of discipline the lawyer in the public
interest
Module 1C: How to become a lawyer, how judges are appointed and the Canadian Court
System
How to become a lawyer:
• Education- 4 year undergrad degree
• Law School Admissions Test (LSAT)
•Confidentialty
•Following instructions
•Advocating for client's position
•Obtaining best result for client
Increasing obligation to
clients
•Honesty with courts and
tribunals
•Working towards just result
•Complying with procedural rules
Increasing obligation to
the public
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Module 1: the role of lawyers and judges. The different roles of lawyers: politicians, poli(cid:272)y (cid:373)akers (cid:894)go(cid:448)er(cid:374)(cid:373)e(cid:374)t, ngo"s, i(cid:374)ter(cid:374)atio(cid:374)al orga(cid:374)izatio(cid:374)s(cid:895, private practice, in-house counsel, academics. Example: the anti-terrorism bill (bill c-51)- purpose is to stop the promotion of terrorism, prevent terrorists from implementing their plots and disrupting terror plots. Canadian bar association says: the bill is too broad, offends the charter, would stifle freedom of speech, would restrict freedom of association. The government says: will protect canadians, will allow better investigations, will be pro-active. Internal conflict for lawyers: neutral partisan vs. moral conflict. Increasing obligation to clients: confidentialty, following instructions, advocating for client"s position, obtaining best result for client. Increasing obligation to the public: honesty with courts and tribunals, working towards just result, complying with procedural rules. I(cid:373)(cid:373)i(cid:374)e(cid:374)t risk of death or (cid:862)serious (cid:271)odily har(cid:373)(cid:863: duty of loyalty- the lawyer cannot do anything that may be at odds to the client. Lawyers cannot represent two parties with conflicting interest ex.
