LS101 Lecture Notes - Lecture 5: Provincial Superior, Sunset Provision, Equal Protection ClauseExam
SchoolUniversity of Waterloo
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Dispute: A conflict of claims or rights – an assertion of right, claim, or demand on one
side met by contrary claims on the other.
Adjudication: When a judge renders the official judgment of the trial court in a civil or a
Private Dispute: Characterized by the absence of any initial participation by public
Public Initiated Dispute: Occurs when the government seeks to enforce norms of
conduct or to punish individuals who breach such norms.
Public Defendant Dispute: The government participates as a defendant. These disputes
involve challenges to the authority of some government agency or questions about the
propriety of some government action that may be initiated by an individual or by an
Levels of Courts: (1) Provincial Courts (2) Provincial Superior Courts and the Federal
Court (3) Provincial Courts of Appeal and Federal Court of Appeal (4) Supreme Court of
Supreme Court of Canada: The court of last resort. Requires leave to appeal, unless it is
a criminal case where a judge of a court of appeal has dissented on how the law should be
interpreted. Empowered to rule on the legality of bills and enforce the Charter of Rights
Participants in Court Processes: Four distinct participants:
Litigants: Includes individuals, organizations, or government officials who are trying
to settle disagreements and to regulate their own behaviour and the behaviour of
others. There are two distinct types of litigants:
One-Shotters: Those who use the courts only occasionally. More concerned with
the substantive result.
Repeat Players: Engage in many similar litigations over a period of time. More
concerned with the way in which the outcome may affect future cases.
Lawyers: Play the role of gatekeepers for the judi ciary with highly trained knowledge
of the legal system. Four types of lawyers: public interest, particular interests,
defence of a client, serving a client’s case.
Defence of a Client: Involves acting as an advocate, intermediary, and
Advocate: Taking all possible steps within legal and ethical bounds to
achieve a victory for the client while protecting the rights of the client at
each step of the criminal justice process.
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Intermediary: Working through negotiation and compromise to secure the
best possible benefits from the system.
Counsellor: Giving advice to the client a to what to expect and what
appears to be in the client’s best interest.
Judges: Those responsible for the administration of the court and its reputation for
honesty and impartiality. Autonomous decision makers. Must be appointed after
practicing law and avoid any conflicts of interest.
Juries: A group of laypersons acting as adjudicators in both civil and criminal cases.
Social Change: Modification in the way people work, rear a family, educate their children,
govern themselves, and seek ultimate meaning in life.
Two views of Laws and Social Change: Both have validity:
Social Change Causes Legal Changes: Law responds to social change qu ickly or
over decades, based on new technology or shifts in community values and attitudes.
Law as an Instrument of Social Change: Law can be used to induce broad social
Civil Liberties: Refer to fundamental freedoms such as religion, expression, assembly,
Human Rights: Rights to education, accommodation, employment, etc.
Segregation: The separation of groups in residence, workplace, and social functions.
Indirect Change: Law exerts change on society indirectly by shaping the various social
institutions (schools, industry, etc).
Direct Change: Directly attempting to change social behaviour (prohibition).
Planning: Architectural construction of new forms of social order and social interaction.
Disruption: Blocking or amelioration of existing social forms and relations.
Institutionalization: Of a pattern of behaviour refers to the establishment of a norm
with provisions for its enforcement.
Internalization: Of a pattern of behaviour means the incorporation of the value implicit
in a law.
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