three types of writs
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writs of certiorari, prohibition, mandamus
a tort law principle
that the defendant is not liable for losses
that were INEVITABLE; used in conjunction
with the thin skull rule
we injure a pianist's hand and he can't play anymore. this rule can be applied if the
pianist had arthritis anyway and the damage would have taken place in any case.
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, Crumbling Skull Rule
name our legal rights
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protect individuals from unreasonable interference from the government or
its agents
to ensure that when there is interference it is done in a way that is both
procedurally fair and consistent with basic principles of fundamental justice
"as much as is deserved"
The courts use this principle to impose an obligation to pay a reasonable price when
services are requested
ie. when hiring a lawyer
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quasi contract (quantum meruit)
Conduct that makes a person think he is about to be struck
if they feel threatened, it is also considered ________
ie. threats made online
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assault
how to complain about your lawyer?
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1. law societies, but they dont deal with complaints about fees but can have
lawyer's fees looked at by court official
law societies has a complaint resolution process.
- Starts w mediating the dispute between the client and the lawyer
- If mediation fails and the law society decides that the complaint is valid,
then there will usually be a more formal investigation. Ie. a hearing before a
panel which will involve the testimony of witnesses, the entering of other
evidence, and submissions by the legal counsel for the lawyer and for the
law society.
- If the panel finds the lawyer guilty of misconduct, the penalty could
include a reprimand, fine, suspension, disbarment (termination of
membership in the law society), and costs of the hearing
Process does not provide compensation to the client
to be a defamation case, what has to be present?
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, statement must be derogatory, false, published (communicated to a third
party), and refer to the plaintiff personally (cannot be aimed at large
groups).
the intentional destruction of relevant evidence when litigation is existing or pending
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spoliation
(a) A sum of money paid to an attorney before she commences work
(b) Fees paid in advance that are held in a trust account to the credit of the client.
When the lawyer bills the client, the amount owed will be paid from the retainer.
basically a deposit.
Give this one a try later!
retainer fee
Section 8 & 9 of the Charter?
Other rights we have pertaining to arrests and legal counsel?
Give this one a try later!
Give this one a try later!
writs of certiorari, prohibition, mandamus
a tort law principle
that the defendant is not liable for losses
that were INEVITABLE; used in conjunction
with the thin skull rule
we injure a pianist's hand and he can't play anymore. this rule can be applied if the
pianist had arthritis anyway and the damage would have taken place in any case.
Give this one a try later!
, Crumbling Skull Rule
name our legal rights
Give this one a try later!
protect individuals from unreasonable interference from the government or
its agents
to ensure that when there is interference it is done in a way that is both
procedurally fair and consistent with basic principles of fundamental justice
"as much as is deserved"
The courts use this principle to impose an obligation to pay a reasonable price when
services are requested
ie. when hiring a lawyer
Give this one a try later!
quasi contract (quantum meruit)
Conduct that makes a person think he is about to be struck
if they feel threatened, it is also considered ________
ie. threats made online
,Give this one a try later!
assault
how to complain about your lawyer?
Give this one a try later!
1. law societies, but they dont deal with complaints about fees but can have
lawyer's fees looked at by court official
law societies has a complaint resolution process.
- Starts w mediating the dispute between the client and the lawyer
- If mediation fails and the law society decides that the complaint is valid,
then there will usually be a more formal investigation. Ie. a hearing before a
panel which will involve the testimony of witnesses, the entering of other
evidence, and submissions by the legal counsel for the lawyer and for the
law society.
- If the panel finds the lawyer guilty of misconduct, the penalty could
include a reprimand, fine, suspension, disbarment (termination of
membership in the law society), and costs of the hearing
Process does not provide compensation to the client
to be a defamation case, what has to be present?
Give this one a try later!
, statement must be derogatory, false, published (communicated to a third
party), and refer to the plaintiff personally (cannot be aimed at large
groups).
the intentional destruction of relevant evidence when litigation is existing or pending
Give this one a try later!
spoliation
(a) A sum of money paid to an attorney before she commences work
(b) Fees paid in advance that are held in a trust account to the credit of the client.
When the lawyer bills the client, the amount owed will be paid from the retainer.
basically a deposit.
Give this one a try later!
retainer fee
Section 8 & 9 of the Charter?
Other rights we have pertaining to arrests and legal counsel?
Give this one a try later!
